Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Cardinal on August 16, 2025, 10:43:50 am
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Sounds like a plan - does amyone have a suggested form of wording to use, please?
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Blimey - £15.60 was Bobby Moore's weekly wage back in the day.
I would make reps on two points:
The misleading contravention of not paying during the free part
The duty of fairness given you paid a substantial parking fee for time after the free hour.
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https://i.imgur.com/YPUg2HO.jpeg[/img]](https://i.imgur.com/YPUg2HO.jpeg) (http://[img width=738 height=1600)
Receipt for parking above
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Yes - and intended to stay for four hours. As they told me the first hour was free, I paid from 21:30 for four hours.
Except the maximum stay allowed is 4 hours including the free hour.
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Can we see your receipt from Paybyphone pl.
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Yes - and intended to stay for four hours. As they told me the first hour was free, I paid from 21:30 for four hours.
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?
Parking rights purchased at 21:30 for 4 hours commencing at 21:30
You parked at 20.30 didn't you?
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HI Anderson,
Please see below:
Parked at:Bobby Moore Way car park in Barking;
Parking rights purchased at 21:30 for 4 hours commencing at 21:30 (plus post your evidence - available evidence posted within the earlier posts. Accidentally shredded the initial PCN documentation, but uploaded the subsequent communication);
PCN issued: 20:51; This is within the first free hour
Is there a board at the car park which notifies users that a penalty may be incurred if X, Y or Z happens e.g. failing to pay or register for first hour etc? - Yes , the board says to register the first free hour on the app. This is what I failed to do.
I have inserted the communications from the borough earlier in the post, but essentially I got issued a PCN for failing to display a valid parking ticket which I am hoping appeal on a technicality - i.e.that the contravention quoted was inaccurate.
Hope this is enough info?
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The concise timeline pl.
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Thanks, Stamfordman.
The case I referred to in my defence was judged on the same premise. There was no possibiilty of dipslaying a valid parking oermit nor was there a charge payable for the first hour.
Do you think I stand a chance by arguing precedent?
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An adjudicator checking the order will see:
(17) When commencing the start of the parking period (including a free parking period) the vehicle must be registered on the telephone payment parking system, app or at a pay point location. For any period of parking in excess of a free parking period a charge applies as stated in the table above
https://www.lbbd.gov.uk/sites/default/files/2024-06/ID374%20-%20Fees%20and%20Charges%20NOI%20v2.pdf
But the contravention of not paying is not the same as not registering and I'd say the correct contravention is:
Parked without a valid virtual permit or clearly displaying a valid physical permit where required
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OP, this is your first time here. Pl can we just have facts.
Parked at: ****;
Parking rights purchased at *** for ** hours commencing at **** (plus post your evidence);
PCN issued: *****;
Is there a board at the car park which notifies users that a penalty may be incurred if X, Y or Z happens e.g. failing to pay or register for first hour etc?
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Well, the sign does make clear - if I had read it!
In the event, I relied on my conversation with the enforcement officer - who I cannot identify - so I think my only hope of a defence will be through the technicality clause.
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Thanks for the responses.
Does this mean my defence on the technical point of the contravention not having occurred, backed by precedent, will not be effective at tribunal?
No, it all depends on whether the sign makes clear one has to book a session for the free hour.
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Thanks for the responses.
Does this mean my defence on the technical point of the contravention not having occurred, backed by precedent, will not be effective at tribunal?
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You know what they say, "always read the small print". Ca you please tell us what the text below the "Up to one hour Free" heading says.
Their logic will be you have to book the free hour as well as any additional time, or they wouldn't know when your parking session started. So for a four hour stay, (the maximum allowed), you get the first hour free and pay for three.
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This is my narrative:
We arrived in the parking space at 20:30, so the time at which the pcn was issued was within the first free hour of parking as stated by the signage at the entrance of the car park. I also spoke to the officers in the park and they confirmed my thinking was corrrect. We then paid for parking from 21:30, as the attached evidence shows. We acted within the displayed signage and the advice given by the officers to the best of our knowledge. They did not advise about the need to book the first hour in the app and we missed the signage.
Their initial response to our appeal was as per the letter I earlier posted.
It appears that the officers initially clocked the car at 20:48, took a picture of the signage at 20:49 and then issued the pcn at 20:51.
Hope this gives a clear enough picture?
Thanks
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They talk of 'purchasing a session' but you can't purchase £0.
Trouble is, most adjudicators side with councils on these PCNs.
We need to look at the car park order.
What was the exact sequence of events/times.
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(https://i.imgur.com/JSutp4Q.jpeg)
Dear All
Received the notice to owner today - I intend to appeal. Does any one have any advice for me at this stage, please?
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Hello All,
Just checking if any one has any advice to share?
Thanks in advance.
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Original posting updated - I could not find the original PCN, so I posted the latest correspondences I had.
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You have yet to post the PCN, so please read this and update your thread accordingly: -
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
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This actually exceeds the time allowed. As I check the signage , it says " 4 hours maximum stay , no return within 2 hours"
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What is the maximum time allowed for parking in this car park. You took a free hour, then paid for four hours thus getting 5 hours; is this still within the maximum time allowed ?
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Hello Everyone,
This is my first post, so please forgive any oversights etc.
I received a PCN from LB Barking and Dagenham because I did not book the first free hour of parking in the app, even though I subsequently paid for four hours from the end of this first hour on the same app.
I later realised that there was a sign on the board that mentioned this requirement, but ignorance/oversight will not help as a defence.
I read a previous post on this forum where a member was able to get a similar PCN reversed by appealing it on the basis of the wrong categorisation being used for the PCN. The member relied on a previous case heard by tribunal.
I thus sought to rely on the same defence. This is the summary of my submission:
Contravention: 73 PARKED WITHOUT PAYMENT OF THE PARKING CHARGE
Reason for appeal: 'Any other reason'
"I challenge liability on the ground that the ticket has been issued with an incorrect contravention code, as a vehicle cannot be "parked without payment of the parking charge" when no charge is applicable (as the first hour is free), therefore the PCN should have been issued for the alleged contravention of being "parked without displaying a valid pay and display ticket".
I would like to refer you to case 2210237357 at the London Tribunal (Carmody v London Borough of Redbridge) where an appeal against a PCN was allowed for the alleged contravention of being parked without payment of the parking charge. In the exact words of the adjudicator “The appeal was allowed because the PCN was issued for the wrong contravention. A vehicle cannot be parked without payment of the parking charge when no charge is payable. The PCN should have been issued for the alleged contravention of being parked without displaying a valid pay and display ticket.”
This is exactly the same situation in my case.'
They have responded to reject this defence on the basis that the signage means that the ticket was issued correctly.
My question is if my defence will be valid if I should allow the case to go tribunal or should I just settle at ths stage?
Hope I have outlined the situation clearly enough - but happy to provide any more information to help.
Thanks in advance.
Location: https://maps.app.goo.gl/o1H4T8Cd5iTfnfdw6
https://imgur.com/a/3DPWxo8
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