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#Post#: 8996--------------------------------------------------
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: H C Andersen
Date: November 2, 2023, 6:41 am
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I cannot reconcile these elements of the decision with the OP's
reps:(crossed with the preceding post)
'..the council was willing to accept Mr ****'s factual account
of what happened'.
That account if I remember correctly was that the app informed
the driver that payment was not required. I understand that this
applied both before and after 8am.
'.. Mr **** did not make a reasonable effort to use the
alternative means of payment, as advised on the payment
machine.'
If the council accepted that the driver was informed that 'no
payment was required' where does the requirement to pay come
from, let alone how indicated on a payment machine?
How could any adjudicator reasonably make these findings in the
context of the appellant's undisputed evidence, or wasn't this
evidence as clear as I think?
#Post#: 9020--------------------------------------------------
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: November 2, 2023, 10:31 am
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Video (different link to the one sent to the council)
HTML https://imgur.com/a/nRAerLZ
#Post#: 9162--------------------------------------------------
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: November 4, 2023, 10:28 am
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--- Quote from: H C Andersen link ---
>
> If the council accepted that the driver was informed that 'no
payment was required' where does the requirement to pay come
from
>
--- End Quote ---
The adjudicator appears to have taken the view that the
requirement comes from the signage (and it was accepted that the
signage required payment), and that having found that the app
didn't work, the appellant should have attempted to pay by other
means i.e. by calling the number provided.
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