Free Traffic Legal Advice

Hi All,

Just bumping this to the top - any idea on whether I should respond?

Thanks in advance

In addition to PoFA 9(2)(e)(i) there is also a failure of paragraph 3 because they have not clearly defined the “relevant land”. This leads to a failure of PoFA 9(2)(a).

However, do not hang your hat on those technical arguments. They would only have a chance of working as long as the appeal is made by the keeper and the drivers identity is not divulged. PE would reject any appeal in those points anyway but the point would be to get a POPLA code and appeal to them.

I have no idea where “VHK, Southall” is. Relevant land should be identifiable with an actual address and post code. They have not provided either, hence the “relevant land” argument. Check out the BPA Code of Practice (CoP) for what it says about it.

In addition to PoFA 9(2)(e)(i) there is also a failure of paragraph 3 because they have not clearly defined the “relevant land”. This leads to a failure of PoFA 9(2)(a).

However, do not hang your hat on those technical arguments. They would only have a chance of working as long as the appeal is made by the keeper and the drivers identity is not divulged. PE would reject any appeal in those points anyway but the point would be to get a POPLA code and appeal to them.

I have no idea where “VHK, Southall” is. Relevant land should be identifiable with an actual address and post code. They have not provided either, hence the “relevant land” argument. Check out the BPA Code of Practice (CoP) for what it says about it.

Many thanks both - what do you think of my draft in my previous post? Thanking you in advance.

I've removed those images, you need to redact your VRM and the parking charge reference number.

Thank you - now edited with redacted images.

Here is The Borough of Slough Off-Street Parking Places (Consolidation) Order 2017.

Here is a revised draft:

Dear Slough Borough Council,

I'd like to challenge the PCN on the basis that the contravention did not occur.

The PCN issued states the contravention as "Parked in a car park without clearly displaying a valid pay and display ticket or voucher or parking clock", however this car park has cashless parking and the contravention is therefore meaningless, I refer you to LINK1

In the circumstances a contravention that might have been alleged could have been "Parked without payment of the parking charge," which is fundamentally different from the one cited in the PCN.

In light of the above the penalty charge must be cancelled.

Yours faithfully,

I will PM you a link to put in the representation, it will redirect to Lydia Russo v Plymouth City Council (PL00004-2401, 12 March 2024) but if you give them the link I'll PM you, we can use the click count to confirm whether they've looked at it or not (obviously do not click on that link yourself as we want the click count to remain at zero). If they don't click on it, we can then prove they've failed to consider all of the evidence. If they say in the rejection that they've considered all the evidence, we've got them for lying as well.

Make sure to send the representation online via the council website and keep a screenshot of the confirmation page.

Regrettably I have received a notice of rejection from 19th June. Unfortunately it was stuck in my junk/spam folder. Grateful for any further advice. Interesting to see their claim of being unable to see the link we provided.

Unfortunately, I have been issued a charge certificate - despite not being given an indication on the outcome of my appeal.

Grateful for any advice - should I dispute or pay? I'm really annoyed that they never bothered to tell me the outcome of the appeal.

Photos aren't mandatory but in any event the council's online photo evidence shows the car park noticeboard with clear Ts and Cs. The adjudicator would need to reassure themselves that the car was indeed in the stated car park (because the car and sign aren't together in the same shot) and then on this point the council's case would IMO be proved.

However, there's no reference to paying by phone on the noticeboard whereas online states the following:

The Grove Car Park

Pay and display (coins or cards accepted) or cashless parking using RingGo

If this is correct then IMO the contravention is incorrect because display is not a mandatory condition, simply an option. The grounds which cover P&D and cashless parking are:

Parked without payment of the parking charge

Many thanks - what is the view on the following appeal draft?

Dear Sir/Madam,

I'd like to challenge the PCN on the basis that the contravention did not occur.

The PCN issued states the contravention as "Parked in a car park without clearly displaying a valid pay and display ticket or voucher or parking clock." However, according to the online information provided by Slough Borough Council, The Grove Car Park allows for both pay and display (using coins or cards) and cashless parking via the RingGo service.

The car park noticeboard, as shown in the council's online photo evidence, does not mention the option to pay by phone, whereas the online information clearly states:

**The Grove Car Park**

- Pay and display (coins or cards accepted)
- Cashless parking using RingGo

Since the car park supports cashless parking, displaying a pay and display ticket is not a mandatory requirement but merely one of the payment options available. Therefore, the contravention should be "Parked without payment of the parking charge," which is fundamentally different from the one cited in the PCN.

I kindly request the cancellation of the PCN on the grounds that the contravention cited does not accurately reflect the terms and conditions of parking at The Grove Car Park. The availability of multiple payment methods, including cashless options, renders the requirement to display a ticket optional rather than mandatory.

It appears one of my children has borrowed my car - neglected to pay for a ticket - failed to confess and now I've received a Notice to Owner. I'm still trying to identify who it was.

The evidence suggests the driver failed to pay for a ticket. I've also now missed out the opportunity for a discounted fine given the driver has failed to tell me about their indiscretion!

Is there any point in arguing this or asking for a discounted fine? Think I will need to pay up and perhaps have a strong word with the kids about being truthful and mindful!

Any help is gratefully received :