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Messages - Cardinal

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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 26, 2025, 04:47:33 pm »
Sounds like a plan - does amyone have a suggested form of wording to use, please?

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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 25, 2025, 09:00:42 pm »
https://i.imgur.com/YPUg2HO.jpeg[/img]]

Receipt for parking above

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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 24, 2025, 10:47:55 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 24, 2025, 05:28:14 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 24, 2025, 04:58:46 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 24, 2025, 01:09:50 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 24, 2025, 10:16:20 am »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 23, 2025, 09:30:01 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 22, 2025, 09:09:51 pm »


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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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 20, 2025, 02:56:04 pm »
Hello All,
Just checking if any one has any advice to share?
Thanks in advance.

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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carpark)
« on: August 16, 2025, 01:51:19 pm »
Original posting updated - I could not find the original PCN, so I posted the latest correspondences I had.

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Civil penalty charge notices (Councils, TFL and so on) / Re: LB Barking and Dagenham - PCN appeal re failing to book first free hour on App
« on: August 16, 2025, 12:08:51 pm »
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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Civil penalty charge notices (Councils, TFL and so on) / LB Barking and Dagenham - PCN appeal re failing to book first free hour on App (Bobby Moore Way carp
« on: August 16, 2025, 10:43:50 am »
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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