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#Post#: 3523--------------------------------------------------
Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: jacoscar
Date: August 19, 2023, 8:19 am
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I had an appointment at 8am with the police to give a statement
about a crime; I parked in front of the police station at about
7:55 and attempted to pay for parking; payment for parking is
required only 8am-6pm. I normally pay by app (RingGo), I hoped I
could pay for 1 hour and that it would start rolling at 8am, so
I would be covered until 9am. However, when I attempted it, the
app said "parking is currently free" and it didn't let me. But
instead, you are supposed to wait until 8:00am, pay, and then
arrive at your appointment slightly late.
Before entering the police station to give my statement, I tried
again to pay (around 8:05am) and the officer said to do it
outside because they don't get good signal inside, the app still
didn't let me pay ("parking is currently free"). Midway through
my appointment the officer reminded me about the parking and
suggested I went outside to try and pay again; it still didn't
let me ("parking is currently free"), for peace of mind I took a
screen recording on my phone and I also mentioned this to the
police officer (which said: "if you took a screenshot you'll
probably be fine"); I didn't know at the time (around 8:34), but
the fine had already been issued. I only found out at around 9am
that there was a PCN on the windscreen (issued at 8:20).
I immediatly challenged this online as I though it would be an
easy one, so I wrote the following without giving it much
thought:
Hello, I parked my car just before 8 am as I had an appointment
with Warwickshire police at 8am.
I tried paying via the RingGo app but it wouldn’t let me because
it said the parking was currently free. I tried again just after
8 and the app was still showing me the same message; I informed
the officer I had an appointment with about this.
Half a way through my appointment he reminded me about the
parking and he suggested me to get outside to get a better
signal and pay. I still got the same message so I took a screen
recording of it and gave up.
I wasn't able to upload a video, I'm not even sure if I managed
to upload a photo. I thought that in case they wanted to see it
I could provide it.
This was their answer
[attachment deleted by admin]
#Post#: 3891--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: ivanleo
Date: August 26, 2023, 11:56 am
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Please let us know when you get the notice to owner.
Are you able to share the screen recording with us? If you don't
want to post it publicly, by all means PM me a link.
I have also requested the traffic order and the parking logs for
this date, if there was a fault with the system the logs should
confirm this.
#Post#: 4412--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: jacoscar
Date: September 5, 2023, 8:04 am
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thanks, here is the video
HTML https://imgur.com/a/vJiUgY6
#Post#: 4614--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: ivanleo
Date: September 8, 2023, 4:01 am
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The Warwickshire County Council (District of Warwick) (Civil
Enforcement Area) (Waiting Restrictions, On Street Parking
Places and Residents Parking) (Consolidation) Order 2017
HTML https://drive.google.com/uc?id=1UXVozmctrTuBJlzuOkUaEzUVk1EI9knJ
The Warwickshire County Council (District of Warwick) (Civil
Enforcement Area) (Waiting Restrictions, On Street Parking
Places and Residents Parking) (Consolidation) (Variation No. 3)
(Part) Order 2019
HTML https://drive.google.com/uc?id=1NtRSy-sO71qfIIyScSOW9kH_gwCdkcmX
Map tile FY60
HTML https://drive.google.com/uc?id=1OBeoiTaCQXLcoHlc2j4eySBvuw_0v71s
Map tile FY61
HTML https://drive.google.com/uc?id=1v-xdbHpY_efmNdPOP0V7DXeSgKG8Uj5q
The traffic order has some interesting wording about avoidance
of payment having to be deliberate, which somewhat exceptionally
creates an element of mens rea for a contravention to be made
out.
#Post#: 4615--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: Pastmybest
Date: September 8, 2023, 4:29 am
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I would think a word with the policeman should get you a note
giving on the instruction of police exemption validity even if
that instruction was only implied
#Post#: 4620--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: DancingDad
Date: September 8, 2023, 5:34 am
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A couple of elements in their reply bother me.
First is their opening paragraph that under the 2004 act they
can only treat your enquiry as an informal rep..... What did you
send to them?
The second is their comment that you should have used the
payment machine.
And there seems to be one
HTML https://www.google.co.uk/maps/@52.2881115,-1.5329046,3a,66.6y,75.55h,97.91t/data=!3m6!1e1!3m4!1see9NoHsLU4Tys4LihOTjYg!2e0!7i16384!8i8192?entry=ttu
That may need to be addressed in the future.
However, taking CP's point... the order says:-13(4)
"Any person who wilfully avoids or seeks to avoid or assists in
avoiding the
payment of the specified charge for parking shall be guilty of
contravening this
Order. "
The last thing that anyone can say is that you willfully avoided
or sought to avoid payment.
On the contrary, you made every effort in using the council
sanctioned app and the app would not let you pay.
This is akin to a P&D machine spitting your coins back out.
In any further challenge, the council should be asked to explain
how you willfully avoided payment.
It can be inferred if someone ignores the requirement to pay but
not when there are recorded efforts to pay.
#Post#: 4623--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: spaceman
Date: September 8, 2023, 6:31 am
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--- Quote from: Pastmybest link ---
>
> I would think a word with the policeman should get you a note
giving on the instruction of police exemption validity even if
that instruction was only implied
>
--- End Quote ---
No such exemption was implied.
#Post#: 4625--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: fraser.mitchell
Date: September 8, 2023, 6:40 am
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The usual FOb-Off letter from the council. They actually admit
in so many words thatif you arrive before 8 am and want to park
into the pay hours, you have to wait around until that time is
reached. It is really quite absurd.
If it were me, I'd take them all the way on this one. A typical
thick and stupid parking department that we see so often.
#Post#: 4672--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: jacoscar
Date: September 9, 2023, 5:33 am
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Notice to owner received
[attachment deleted by admin]
#Post#: 4681--------------------------------------------------
Re: Parking app claims "parking is currently free" and
doesn't let me pay; I got a fine and they refuse to cancel it
DIR By: John U.K.
Date: September 9, 2023, 8:48 am
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Please post up remaining page(s).
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