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#Post#: 1330--------------------------------------------------
PCN Recieved - Enfield Council - Paid for a ticket on
PayByPhone contravention = "parked without payment
charge"
DIR By: donatelloq4
Date: July 15, 2023, 5:06 am
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Hi,
i recieved a PCN today for parking but I was wondering how i can
appeal this. Firstly, I got to the parking bay with the
expectation of finding a parking machine somewhere near by and
searched everywhere but couldn't find one. In the process of
looking for the machine i came across a sign (image attached)
showing the parking instructions and immedeately called the
number which asked me to enter my account pin (which i didn't
have) then SAID "FOR A FASTER EXPERIENCE DOWNLOAD THE APP" which
i proceeded to do. After downloading the app, i had to fill all
of my details for myself, my vehicle and my method of payment
which took quite some time. i managed to pay for an hours worth
of parking of which i only used 20 or so minutes anyway but i
still recieved a PCN.
THe PCN itself states that the observation time was between
13:55 to 13:56 which is less than the usual 5 or so minutes that
most councils follow. My payment for my parking went through at
14:06 but i wasn't at my vehicle at the time as i'd gone ona
wild goose chase trying to find a machine to pay with. Here is a
document describing the councils intent to remove all parking
machines , which is dated in february so very recent :
HTML https://enfielddispatch.co.uk/council-to-ax...rking-machines/.<br
/>i've attached a copy of the pCN as well. The CEO actually
started taking pictures at 13:55 and i've attached an image sent
to me as evidence on my pCN which have timestamps. . With the
Enfield council contraventions explanation document :
HTML https://www.enfield.gov.uk/__data/assets/pd...des-parking.pdf.
Can I appeal this in any way , even if on the basis of the
parking payment process being as long as it was, parking
machines being recently unavailable and also the observation
time of the PCN being 1 minute. i actually arrived at the
parking bay around the same time the contravention was given so
no grace period could even have been given. Any advice?
Thanks,
D
[attachment deleted by admin]
#Post#: 1361--------------------------------------------------
Re: PCN Recieved - Enfield Council - Paid for a ticket on
PayByPhone contravention = "parked without payment
charge"
DIR By: P.Parker
Date: July 16, 2023, 10:09 am
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Some years ago I successfully challenged Croydon Council on a
similar excuse. Their directions to a payment machine were
misleading. I was carrying a toddler and could not walk far. My
car was towed. Technically I was in the wrong but they accepted
there were mitigating circumstances,cancelled the ticket and
refunded any money already paid. More recently, I overran my
parking time when a medical appointment was delayed. I couldn't
extend my parking with the app due to a lack of a decent phone
signal. Tower Hamlets council accepted the mitigating
circumstances as evidenced by the signed testimony of a nurse at
the clinic.
I think you have good reasons why the council ought to cancel
the PCN. Unless anyone else has a better suggestion, I would
present all evidence to the council and politely ask that they
cancel the PCN. In my own experience, councils tend to be more
amenable to accepting evidence backed mitigating circumstances
than private companies, who will even ignore UK contract laws in
their aggressive pursuit of profits.
If the council refuses to accept your mitigating circumstances
there should still be some means of appeal which are normally
spelt out on the PCN itself. Best of luck.
#Post#: 1362--------------------------------------------------
Re: PCN Recieved - Enfield Council - Paid for a ticket on
PayByPhone contravention = "parked without payment
charge"
DIR By: fraser.mitchell
Date: July 16, 2023, 12:25 pm
---------------------------------------------------------
It is a basic principle of parking and paying for it, that time
is allowed for making the payment.If it wasn't, nobody could
park legally ! If the council force use of a payphone app, then
they must accept that many people won't have the app on their
phone, and must download it, then invoke payment. All of this
takes time, so if it were me, I'd submit a challenge on the
basis of the above.
The council will likely refuse your reps so you may have to take
them to London Tribunals were I think you stand a good chance of
winning. Do be aware, though, that if you do this, the full PCN
penalty is in play. It is a double-or-quits gamble, essentially.
#Post#: 1373--------------------------------------------------
Re: PCN Recieved - Enfield Council - Paid for a ticket on
PayByPhone contravention = "parked without payment
charge"
DIR By: ivanleo
Date: July 16, 2023, 4:22 pm
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You have given the basis of a reasonable appeal in your opening
post, and as Fraser says it's a basic principle of parking law
that you are allowed as long as is reasonably necessary to find
the sing, read the instructions and effect payment, or else you
couldn't park legally at all.
Draft a representation based on what you've posted already and
put it on here for review before sending it of.
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