Free Traffic Legal Advice

Dear FTLA Community,

Thank you again for welcoming me to your forum! I look forward to learning more about council PCNs and contributing to the discussions here.

I need some advice regarding a PCN I received. The ticket code is "06-Parked without clearly displaying a valid pay & display ticket or voucher."

Date of contravention: 13/06/2024
Time of contravention: 09:38
Location: Moorfields - L2
Observed from: 09:32 to 09:38

I parked at this location 5 minutes before my dental appointment and tried to pay via the "PayByPhone" app as advised on the ticket machine, which has never been an issue for me before. My card details haven't changed, and the vehicle registered on the app remains the same. I spent between 09:04 and 09:54 trying to get the app to work and take payment. You can see from the image links that I attempted payments at 09:04, 09:07, 09:42, 09:53, and 09:54.

The app got stuck on the payment screen and wouldn't allow me to proceed. I even tried deleting and re-adding the card, but then I received an "Error processing transaction" message due to a "Server error 5002." All of this can be seen in the image links provided below.

Despite my best efforts to pay, I subsequently received a PCN from the CEO. The number on the ticket machine to make payment was also not working.

Additionally, it seems Liverpool Council has been experiencing issues with payments, as seen here:
https://www.liverpool.gov.uk/parking-roads-and-travel/parking-fines-and-challenges/

Can I please ask for the community's help in challenging this PCN? All evidence is provided below.


PCN Ticket: https://imgur.com/a/CVd8Xqy
CEO photographic evidence: https://imgur.com/a/ZnDFR6u
App screenshots: https://imgur.com/a/E2ROSIn

Thank you in advance!

The photos show you were parked somewhere here: -
https://maps.app.goo.gl/iX32bHqsKBJekTDB6
So, did you go and look for a sign giving the parking bay restrictions ?
Here's the sign for the bay restrictions: -
https://maps.app.goo.gl/eHseamVJXdwmQHmp8

Make of car is irrelevant, because it is not part of the mandatory information required to be on a PCN.

I did not no. However, could I use my Drs prescription for anxiety as a means for appeal and not checking out of fear of general anxiety and fear of open spaces?

Regards

Hi All,
I appealed and failed. Used the below letter when I appealed.

"Dear Sir/Madam,

I challenge this 'PCN' as lessee of the car and subsequently request all future correspondence be sent directly to myself at the address listed below:

I am the vehicle's hirer and keeper for the purpose of the corresponding definitions under Schedule 4 of the Protection of Freedoms Act 2012 (POFA) now it is proven that in this instance, the registered keeper is not the "keeper" (as defined under POFA), UK Car Park Management has no reason to contact **** again regarding this PCN.

I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers. No windscreen ticket was issued.

Furthermore, I understand you do not own the land where the PCN was issued and you have given me no information about your policy with the landowner or on site businesses, to cancel such a charge. So please supply that policy as required under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

There will be no admissions as to who was driving and no assumptions can be drawn. You must either offer me a POPLA code or cancel the charge for "No Parking On Access Roads/Roadways".

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why UK Car Park Management to Hirer did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that UK Car Park Management has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice.

Yours faithfully"

Letter scans below:

https://ibb.co/2PzxVDR
https://ibb.co/GHmhSjY

Please advise what I should do here as I don't want a  CCJ or anything that will do damage to my credit score as I'm trying to buy a house!

Thanks in advance!

Sincerely

Hi FTLA Community,

Thank you for welcoming me to your forum! I'm looking forward to learning more about council PCNs and contributing to the discussions here.

I need some advice regarding a parking ticket I received. The ticket is for "12S - Parked in a residents or shared use parking place without clearly displaying either a permit or voucher or pay and display ticket for that place."

Details:

Date Issued: 08/06/2024
Observed from: 10:30am to 10:35am
Deadline: This Saturday, 29th June (28-day period)
The ticket incorrectly lists my car as a SEAT instead of a Polestar. Could this be a valid ground for an appeal?

I’ve included image links to the evidence I have for reference at bottom of this post.

Additionally, I found this information on your website:

"06 No Pay & Display ticket

According to the issuing Officer's notes, there was no pay & display ticket clearly displayed that covered the vehicle for parking. An exemption is if you used the Phone & Pay facility and had a valid parking session during the time the vehicle was parked. However, the Officer checked this facility and no parking session had been booked. The Officer also inspected the vehicle and found no other displayed items (e.g., blue badge, permit) that would entitle it to be parked at the time. Therefore, I see no valid reason for cancelling the PCN.

A driver is responsible for ensuring that all necessary items are clearly displayed when leaving the vehicle parked. This includes making a quick check of the vehicle after it is secured, as closing the door could dislodge any displayed items. You have not provided a sufficient reason for not checking the ticket was still clearly displayed, and therefore the CEO on duty had to spend time at your vehicle when they could have been enforcing other areas.

Any mitigation for not displaying a ticket (e.g., medical reasons, whether the driver was alone or with a passenger) needs to be taken into account."

This doesn't look promising for me!

I plan to use a template from the PCN Spreadsheet Liverpool titled "Informal rejection - full penalty." Could someone explain what the codes in bold mean within the below template?

"A PCN was issued to the above vehicle, because it was &OFF11 &OFF12 &OFF13 in &LOCPT on the &DOFFC. The vehicle was &TOBSB and the Notice was issued at &TOFFC. The operational hours of this restriction are enter restriction.

Insert appellant's reasons here and any points that require answering...

Respond to appellant's mitigation (why it is not reason to cancel PCN and answer points below)

Insert any paragraphs but edit so they fit in with the letter.

All type should be in black print.

(delete if not required)
We may reconsider your representations if you are able to provide further evidence (more information) including an invoice / job sheet / in support of your claim. Please submit any evidence for my attention directly to Parking.Services@liverpool.gov.uk as soon as possible.

(delete if not required)
If you cannot do this, then the information provided is not sufficient for the City Council to cancel this Penalty Charge Notice."

Is it worth fighting this PCN, and could someone help me refine the above template to strengthen my case?

Evidence below (it won't allow me to attach the files).

https://ibb.co/FhRDTKh
https://ibb.co/9ctQFD0
https://ibb.co/TRd6NRq
https://ibb.co/R7KGrzj

Thanks in advance!

Regards,
L