Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: lizgood on August 21, 2025, 08:16:13 pm
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Obviously this car park is a 'nice little earner' !
It's difficult to say what to do if they refuse your reps. Post up their response when you get it.
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Thanks for the reply. Yes I live in the borough and use the Malden Centre semi-regularly as one of the handful of places I go swimming. I have receipts from previous legitimate parking there I can evidence.
I know for a fact I was only there a matter of minutes. I had a pre-booked swimming session at 3pm which I was definitely running late for (and also have a receipt for). I have OCD and being late causes me a lot of anxiety so I know I can't have been there at 3:01 but can't remember the exact time I arrived. I think with that and the stress of my phone dying I wasn't sure what to do and in the time I asked for advice I got the ticket. No I didn't subsequently pay as I was so angry I just left. I'm on maternity leave at the moment and could barely afford the swimming, let alone this parking ticket. I think he must have been waiting ready to pounce the second I left my car as I saw him camping out by the entrance of the car park as I left.
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At the PCN stage you can submit an informal challenge, (or pay, of course !). I suggest you submit a non-confrontational representation based on what you have told us, and also point out that time is always allowed to pay for parking after the car is parked, or nobody could ever park legally ! If you are a regular user of the Malden Centre, and always pay promptly for your parking, and a resident of Kingston, put this isnas well.
I suspect you were in the car park for longer than 5 minutes, because most people who come on this forum when they get a PCN say, "but I was only there a few minutes" that when investigated, turns out longer. Did you actually manage to pay for parking, or did you depart the car park ? Probably the main reason for the CEO serving a PCN was that the car was unattended and without payment for parking, you being in the centre trying to see if any alternative payment option is available. We see similar situations where people are in a rush to get to an appointment and rush off, and try to pay by phone on the hoof. It's always best to be by the car.
Anyway, give it a go, but don't expect them to cancel, as councils are very greedy for money these days.
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Received a PCN for the above infraction yesterday at 15:10. On the ticket the observation period states 15:01 to 15:07 however all of the evidential photos they have provided are taken between 15:07 and 15:10, over a period of 3 minutes.
I believe that the consideration period, according to the BPA, should be at least 5 minutes for such a car park, and there is no evidence I was in the car park for any longer than that. In fact I don't believe that I was.
Upon arrival at the car park for a pre-booked swimming session (booked for 15:00 but I was running late so arrived after then, I can't say exactly when) I realised my phone had died on the journey and so I was unable to pay with RingGo. I quickly ran inside the centre to ask for advice, and on returning to my car a few minutes later found the ticket. I saw the parking attendant still in the car park moments away from the car so must have just received it. I do not believe I was in the car park for longer than 5 minutes and there is no evidence provided that I was. Is this grounds for an appeal, and might such an appeal be successful? Thanks.
PCN is here (https://drive.google.com/file/d/185OG18wSrlEtXysa13x0SFmLHkXtsTkb/view?usp=drive_link)
Location is here (https://maps.app.goo.gl/jA9h3HPyNPMqRg3Y6)