Free Traffic Legal Advice

I have drafted the below based on another thread I came across here where the issue was similar (https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/redbridge-ringo-parked-without-payment-of-the-parking-charge/)

Please can someone advise if this is good to send? I'll need to send before midnight.

I am writing to challenge the Penalty Charge Notice as the contravention of not paying the parking charge did not occur. No charge is due in the first hour and the car was parked for less than an hour.

The PCN was issued because one digit of the location code was accidentally incorrectly entered. Instead of entering 6081224, the code 6081228 was entered. This was a genuine mistake.
As a result, a parking session was booked for Ilford Town instead of Ilford Lane.

I have attached the RingGo receipt as evidence for the free 1 hour session that was booked at the time the alleged contravention took place. I have also attached screenshot from our Monzo bank account where it shows that a purchase was made from Poundland in Ilford Exchange during the free 1 hour period. The car was driven away from the space before the free one hour session ended.

I note the recent reviewed decision at London Tribunals, case 2220912034 (Decision Date: 22 Jan 2025). The adjudicator ruled that if a parking charge is not due, then the contravention “parked without payment of the parking charge” could not have occurred, given parking was less than 1 hour. The adjudicator also said the conditions of use explain to the motorist that a ticket or Ringo session is to be obtained at the time of parking. They do not say that a parking charge is due for the first hour if that condition is not complied with.

Given that the charge was not due, and noting that an honest mistake was made with booking the session, I respectfully request that the Council cancels the PCN, if not on the basis that the contravention of non payment did not occur, then at least through the Council exercising its discretion to cancel this PCN which resulted from an honest mistake.

As per the Government's statutory guidance for local authorities in England on civil enforcement of parking contraventions:*

"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. Failure to act in accordance with the general principles of public law may lead to a claim for a decision to be judicially reviewed.

"Enforcement authorities have a duty not to fetter their discretion, so should ensure that PNCs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations.

"They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings."

*Source: https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions

Yours sincerely,

Yes, it was just the free one hour session. Could someone help me with the wording for the challenge? And I take it I'll have to take it all the way to adjudication?

Hi all,

The Keeper recieved the following email letter, saying that the PCN is put on hold while they await information about who the driver was, and that if the information isn't provided within 28 days, they will reject the appeal and issue a Popla code. Here is the image of the letter: https://postimg.cc/QB6sRHL4

Can the keeper ignore this for now?

Many thanks.

Hi all,

Recieved the below PCN through the post for apparently returning to the car park within one hour even though parking was paid for both visits. The driver does not remember seeing any signs with this condition.

Images of the pcn: https://postimg.cc/gallery/1mfWB0v

As this has been issued way beyond the 14 day deadline, does the registered keeper need to appeal? Or can it simply be ignored?

Yes I did, including a screenshot of the completed form before pressing the submit button.

Before I submit the appeal, can I ask why we can't add something like "The driver entered and exited the road without parking"? Or is that something that needs to be submitted at POPLA stage?

Hi all,

We received this private PCN via the post: https://postimg.cc/gallery/T1VdRTB

The driver was taking their son to a football training session at Oaks Park High School (Newbury Park area). It was a Saturday and the lesson started at 9am. The text massage from the football training company who hire the school hall stated to use the post code IG2 7RS to enter Oaks Lane. However, that post code isn't actually the school's post code and if you follow it, it takes you to a small slip road. The postcode was provided to let parents know which way is the best way to enter Oaks Lane in order to get to the school.

On that morning, the driver used the post code and unknowingly entered the private slip road. Having entered the road and realising it was a dead end, the driver immediately exited the road and went back onto Oaks Lane. The driver at no point parked the car nor exited the vehicle. The time spent on the road was no more than a minute, if that. At no point did the driver realise that it was a private road. The driver also didn't notice any signs when entering.

Here are the images taken of the the road and the sign. These were taken after the letter came through the post: https://postimg.cc/gallery/sfr1NLk

Please kindly advise what should be done.

Many thanks.