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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: fizz90 on April 08, 2025, 08:47:00 am

Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on June 21, 2025, 01:45:45 pm
Quote from: H C Andersen on June 21, 2025, 01:07:45 pm
IMO, yours is an appeal on statutory grounds, namely that the 'contravention did not occur' because display of a P&D ticket, in fact display of anything, is optional and therefore it is axiomatic that non-display cannot give rise to the cited contravention.
True, but two grounds are better than one.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: H C Andersen on June 21, 2025, 01:07:45 pm
IMO, yours is an appeal on statutory grounds, namely that the 'contravention did not occur' because display of a P&D ticket, in fact display of anything, is optional and therefore it is axiomatic that non-display cannot give rise to the cited contravention.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on June 21, 2025, 12:39:16 pm
Well no, you'd want to pursue the arguments made in Ivan Bachkov v London Borough of Newham (2250079444, 20 June 2025) (https://drive.google.com/file/d/1iBy4Gj1CzFEza6nfV9y8mLwolvbZ-C5a/view) and if you want to represent yourself I can send you the screenshot evidence for that.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on June 20, 2025, 07:50:55 pm
Ok yes. So do I need to embellish my original appeal?
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on June 20, 2025, 05:59:15 pm
I'll drop you a PM in case you'd like me to represent you.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: Incandescent on June 20, 2025, 12:17:53 pm
No offer of discount, so it is now a total no-brainer to take them to London Tribunals.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on June 20, 2025, 10:03:22 am
Appeal rejected - see letter attached.

Presumably we appeal again? Their reasoning seems rogue?

[attachment deleted by admin]
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on May 10, 2025, 08:00:15 pm
Thank you for all your help - I have actioned this exactly as you have set out including the link. Screenshot of representations successfully made below.

[attachment deleted by admin]
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on May 10, 2025, 07:27:10 pm
Quote from: fizz90 on May 10, 2025, 07:24:15 pm
Please could you confirm which I should check? The contravention did not occur?
Yes.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on May 10, 2025, 07:24:15 pm
Thank you so much for this - I have the link too.

Please could you confirm which I should check? The contravention did not occur?

[attachment deleted by admin]
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on May 10, 2025, 05:54:58 pm
Have a read of https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/ealing-cumberland-road-w7-code-53j-failing-to-comply-with-a-restriction-on-vehic/msg56444/#msg56444

I will set up a custom link to the Russo v Plymouth decision that I will PM you, you can replace the work "link" in the draft below with the link I will PM you and that way if they don't bother to open it, we will have an additional ground of appeal (procedural impropriety owing to failure to consider).

Dear London Borough of Merton,

The notice to owner alleges a contravention on Hartfield Road, as Hartfield Road is a highway it cannot also be a car park. It would appear that in the first instance the CEO must have erroneously selected an off-street contravention for whatever it is he believed had taken place on Hartfield Road. In any event the paid parking bays on Hartfield Road allow for payment to be made via RingGo, which means that the contravention alleged cannot have occurred irrespective of the factual circumstances. Where there is a cashless payment option and a pay & display ticket is not required, there cannot be a contravention of failing to display something that need not be displayed, I refer you to the decision in Lydia Russo v Plymouth City Council which is available at link

In light of the above the alleged contravention did not occur and the penalty charge must be cancelled.

Yours faithfully,

Please take a timed / dated screenshot of the confirmation page.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on May 10, 2025, 04:45:02 pm
Nope it was an Epsom car park and had cheaper rates… I really just made an error here but genuinely thought I’d paid for parking
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on May 10, 2025, 04:37:10 pm
Is the car park you paid for a Merton car park? If so, was the tariff the same?
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on May 10, 2025, 10:22:48 am
Yes I have proof of payment - but it was for the wrong car at the wrong car park. There was no internet available on the app for some reason and when I went to pay when I had walked out of the car park and internet had come back it had reset everything to my last session but I hadn’t realised as I was on the move then.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on May 09, 2025, 11:22:11 pm
Do you have proof of payment for the session you actually bought?

The NTO never mentions the discount because by law it must demand the full payment, that doesn't stop them from re-offering the discount at the next stage.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on May 09, 2025, 02:12:10 pm
Notice to Owner received!

If you are able to help with next steps at all, that would be great?

It doesn’t mention the reduced amount again though…

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Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 20, 2025, 10:22:20 pm
It would weaken your case, I have PM'ed an explanation of the reasons why.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 20, 2025, 10:07:18 pm
Thank you both for all your help.

I am a bit nervous not coming back on this PCN at all - given that, like you say, either appealing and being rejected or waiting it out will both generate an NTO, would it ruin anything if I did send across an appeal at this stage?

I have drafted something below - if you could did have a moment to give your thoughts that would be most appreciated.

Appeal: PCN number #########

I am appealing the aforementioned PCN on the grounds that the location and contravention listed on the PCN are inaccurate and therefore the PCN is not legally enforceable.

Paragraph 2(c) of Schedule 2 of The Civil Enforcement of Road Traffic Contraventions (Approved Devices, Charging Guidelines and General Provisions) (England) Regulations 2022 states that the PCN must include “the grounds on which the civil enforcement officer issuing the notice believes that a penalty charge is payable.”

The location is listed as Hartfield Road, Wimbledon. This is location number 19141 on the ringo app.

The evidence taken by the enforcement office shows the car parked with the rear of the car against a wall, not along the side of a road. This is in Hartfield Road Car Park, location number 17303. Please see a photo of a different car in the same location taken during the day. Additionally, the Google maps location provided as evidence of the location of contravention is clearly the car park and not Hartfield road itself.

The PCN states that DY10 BGO was parked in Hartfield Road, and the contravention said it was parked in a car park without clearly displaying a valid pay and display ticket, or voucher, or parking clock. Firstly, given that the car park allows motorists to pay for parking on ringo, the contravention does not adequately capture that there is both the option to display a ticket or pay for parking virtually on the app. Secondly, as the car was not parked in Hartfield Road, but rather in Hartfield Road Car Park, with the two having completely different location names (in addition to location numbers on the app), the contravention is not adequately documented in order to make this PCN legally enforceable.

Given that no contravention occurred on Hartfield Road for the car with registration DY10 BGO, and that the contravention does not adequately detail the payment options available to motorists, please could you cancel the penalty.

Let me know your thoughts? I know your recommendation is to just wait it out, but how much damage will be done with the above appeal? The evidence was easily accessible through the Merton website, and like I say includes a Google location inside the car park. I will attach.

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Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 19, 2025, 09:09:11 pm
Indeed, Lydia Russo v Plymouth City Council (PL00004-2401, 12 March 2024) (https://drive.google.com/file/d/1WW83Desv43qE8aviq2wez1KRsivNCqME/view) is an example of this.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: H C Andersen on April 19, 2025, 08:36:28 pm
IMO, the contravention description does not 'properly describe' the offence.

How could 'not displaying.....' describe a situation where display is optional i.e. you may purchase parking rights without displaying anything.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 19, 2025, 06:29:33 pm
When you get the notice to owner I will draft something for you.

For later: The Merton (Off-Street Parking Places) (No. 1) Order 2019 (https://drive.google.com/file/d/1oyRtfA4WtQ4_4Ivu18bmuWeJOvoeMozj/view)
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 19, 2025, 05:58:31 pm
Ok then, so it appears as though the sign is fine and the contravention is accurately described because there is the availability of physical tickets in the car park. I’m not really sure what else there is to argue other than the incorrect location which is ironic because I also paid for the incorrect location… just mine was with the incorrect car too…
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 19, 2025, 05:48:47 pm
There were ringo signs dotted about with that being the only sign saying the details and two pay machines which were able to give a ticket.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 19, 2025, 05:42:43 pm
Quote from: fizz90 on April 19, 2025, 05:29:54 pm
The parking information in the car park doesn’t actually have a numerical value for the penalty included in the terms at all. I know on another PCN I have appealed against I utilised the parking eye sign where the amount of penalty is clear - is this not something councils need to do with their car parks?
No, penalty charges (as opposed to private parking invoices) are set by statute and do not need to be displayed anywhere. They are required to be published but London Councils publishes them on their website, so they're covered.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 19, 2025, 05:29:54 pm
That’s really useful - thank you so much for that extra information, I appreciate it.

The parking information in the car park doesn’t actually have a numerical value for the penalty included in the terms at all. I know on another PCN I have appealed against I utilised the parking eye sign where the amount of penalty is clear - is this not something councils need to do with their car parks?
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: H C Andersen on April 19, 2025, 05:27:14 pm
Do they have to give the discounted rate for another 14 days after the NtO or is that discretionary?

Why don't you ask them?

From the Secretary of State's Statutory Guidance:
Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.

The process of considering challenges, representations and defence of appeals is a legal process that requires officers dealing with these aspects to be trained in the relevant legislation and how to apply it. They should be well versed in the collection, interpretation and consideration of the evidence, writing clear but concise case-specific responses to challenges, enquiries and representations, presenting the authority’s case to adjudicators.

Authorities should ensure that their legal departments are involved in establishing a processing system that meets all the requirements of the law.


Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 19, 2025, 05:17:11 pm
Quote from: fizz90 on April 19, 2025, 01:39:23 pm
Thanks so much for coming back to me. The detail I have seen on the council website and from researching is that you have to respond to a roadside PCN, it is legally enforceable - is that not the case? Do they have to give the discounted rate for another 14 days after the NtO or is that discretionary?
The only consequence of ignoring the PCN is that the council will send an NTO, which is exactly the same thing that will happen if you challenge the PCN and the challenge is rejected, so it doesn't really make much difference.

Reoffering the discount if the NTO is challenged promptly is discretionary, but in our experience to date Merton always does this. It's not guaranteed, but you'd have to be extremely unlucky to be the first person to be the victim of a new practice not to reoffer the discount.

The following councils have previously asserted that they would not reoffer the discount:

London Borough of Brent
London Borough of Camden
London Borough of Enfield
London Borough of Haringey
London Borough of Havering
London Borough of Islington
London Borough of Redbridge

But even those councils seem to reoffer it anyway in many instances.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 19, 2025, 01:39:23 pm
Thanks so much for coming back to me. The detail I have seen on the council website and from researching is that you have to respond to a roadside PCN, it is legally enforceable - is that not the case? Do they have to give the discounted rate for another 14 days after the NtO or is that discretionary?

Also I went back to the car park and took photos. I don’t think the signage is adequate, but it does allow a ticket to be printed in the car park.

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Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 18, 2025, 10:05:30 pm
It will demand the full amount but if you challenge it within 14 days, they will reoffer the discount again to discourage you from appealing to the tribunal. They have six months to serve the notice to owner.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 18, 2025, 09:59:07 pm
Hi there, sorry to bother you - I am yet to receive a NTK - is that meant to be sent within a time limit? Will it operate in the same way as the PCN or will it just demand the full amount?
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 09, 2025, 06:12:27 pm
Quote from: fizz90 on April 09, 2025, 08:46:27 am
Ok so not respond to this roadside one and wait for the actual notice to keeper to be sent to me?
That's what I would do.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 09, 2025, 08:46:27 am
Ok so not respond to this roadside one and wait for the actual notice to keeper to be sent to me?
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 09, 2025, 12:19:53 am
Quote from: fizz90 on April 08, 2025, 08:27:07 pm
Should I ask for the photo evidence they say they have? Yes I am the registered keeper.
Absolutely not, the last thing you want to do is alert them to the fact that you might take issue with the evidence of signage.

To be perfectly honest in a case like this the best bet is going to be to wait for the notice to owner. The less information you give to the council, the better. At this point I wouldn't give them anything at all as you are not under any obligation to respond to a roadside PCN.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 08, 2025, 08:41:02 pm
I attached some pics from Google maps but they’re out of date, but there were ringo signs that were visible, but nothing about the times these were in operation from immediately clear. I didn’t look much further as I logged onto ringo with the intention to find out more there.

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Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 08, 2025, 08:37:02 pm
Ok so I have read through that adjudication, and the difference is the machine in the car park does give tickets, but does not have a provision to pay by card it looks like - see attached. So there would be the option to have a ticket in this car park, and therefore it isn’t just a virtual option in this instance.

The car park is called Hartfield Road Car Park though, which isn’t the location listed on the PCN.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 08, 2025, 08:27:07 pm
Should I ask for the photo evidence they say they have? Yes I am the registered keeper.
Title: Re: Merton - Contravention code 83 parked without displaying a ticket
Post by: cp8759 on April 08, 2025, 07:34:17 pm
Well the council photos do not show any signage, and your proposed draft concedes the following points:

1) that the location stated on the PCN is the location where the car was, but the PCN just says "Hartfield Road, Wimbledon" and your car was in a car park
2) you've conceded that there was a requirement to pay
3) you've conceded that there was adequate signage to inform you of the fact that there was a requirement to pay
4) you have also conceded that the description of the contravention matches the requirements imposed by the signs

At risk of stating the obvious it doesn't matter too much what actually happened, the only thing that matters is what each side can prove.

Based on what we know to date, the council cannot prove anything at all other than the fact that your car was parked somewhere and a PCN has been served alleging a contravention on Hartfield Road, that is not sufficient evidence for the tribunal to find that a contravention occurred or that a penalty charge is payable.

The more you say in the representation, the more notice the council has and the greater the opportunity they have to plug their evidential gaps, which you don't want because at the moment their case has more holes than a sieve.

For now please have a read of Lydia Russo v Plymouth City Council (PL00004-2401, 12 March 2024) (https://drive.google.com/file/d/1WW83Desv43qE8aviq2wez1KRsivNCqME/view), and also tell us if you're the registered keeper.
Title: Merton - Contravention code 83 parked without displaying a ticket
Post by: fizz90 on April 08, 2025, 08:47:00 am
A ticket attached to windscreen for parking in a car park without a ticket.

When I had selected the car park and car on ringo it seemed to have no internet to complete the payment process despite being in the middle of Wimbledon. When I got internet again I continued the process but somehow it had reverted back to the most recent car park and car used which meant I paid for our other car to be parked in a completely different car park in a completely different borough instead.

No idea how this happened, I guess I wasn’t expecting it to change and so didn’t double check before purchasing. Is there anything that can be done? I’m very early days pregnant and nauseous and just didn’t double check when the internet finally came back.

Either way I will appeal. I have some good text from a previous appeal I did on my own a couple of years ago (and won) as follows, let me know if it’s worth incorporating (have updated the reasons for this case):

Government guidance https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions suggests the following:

“An authority has a discretionary power to cancel a PCN at any point throughout the process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case.

Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.”

In this particular circumstance, I am asking you to please cancel the PCN mentioned above on the basis that:

- I had selected the correct car park and car but there was a problem with the internet which meant I couldn’t complete payment
- when this was rectified I had assumed the same choices were still selected and had no reason to believe that it would have reverted to the most recently/frequently used options
- in the early stages of pregnancy I am feeling very nauseous which impacted in not double checking the entries were correct post the internet coming back.

The guidance permits cancelling PCNs, even with an undoubted contravention, where it is appropriate. It also encourages local authorities to be sensible and reasonable in these situations. This, I hope you will agree, is one of those situations, and therefore please could you cancel the PCN and confirm via email.

@cp8759 Is this a lost cause?