This is a good case on the 'pay by phone' vs RingGo issue.
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2240384044
Miss Yana has attended the hearing today by telephone.
This PCN was issued for the alleged contravention of being parked in Ilford Lane at 1.31pm on 6 June 2024 without payment of the parking charge.
I have looked at the CEO’s images. These show that Miss Yana's car was parked in a bay which was clearly signed as being for pay by phone or pay and display parking during the controlled hours. The pay by phone option provides a number and location code of 7172.
Miss Yana appeals because she used the Pay by Phone App to make a payment to park at location 7172. Miss Yana submits a screenshot showing the payment made for the correct location code. The parking session commenced at 12.38pm and remained current at the time of issue of the PCN.
The Council’s evidence is that the payment system for this location is the Ringo App and not the Pay by Phone App.
There is no notice on the post with the sign telling the motorist which App they must use or telling the motorist to go to the machine for App details. The sign just says pay by phone.
In the absence of any notice with the parking sign either showing the App to use or directing the motorist to inspect the pay and display machine, it was, in my judgement, reasonable for Miss Yana to conclude that she could pay by phone using the Pay by Phone App. It is also clear from the evidence that a payment to park for this location code had been made. For those reasons, I find that the alleged contravention did not occur.
