DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 69692--------------------------------------------------
Re: Council PCN received. Is their evidence enough ?
DIR By: ashthemash
Date: May 2, 2025, 5:45 am
---------------------------------------------------------
Please see attached
[attachment deleted by admin]
#Post#: 69694--------------------------------------------------
Re: Council PCN received. Is their evidence enough ?
DIR By: ashthemash
Date: May 2, 2025, 5:47 am
---------------------------------------------------------
The letter says within 14 days which might now seem out of date
but its still showing the 'discounted' amount of £40 on the
council website payment system.
#Post#: 69711--------------------------------------------------
Re: Council PCN received. Is their evidence enough ?
DIR By: ashthemash
Date: May 2, 2025, 6:41 am
---------------------------------------------------------
They are not contesting that 1 hour free parking was available.
The PCN issued gives contravention as '11 - parking without
payment of the parking charge'
The PCN does not say that I did not 'validate the free hour' via
ringo. Had that been the case, I perhaps would have no case to
make. But it erroneously states the contravention which makes me
believe I might have a jolly good chance at challenging this on
technical grounds.
#Post#: 89594--------------------------------------------------
Re: Council PCN received. Is their evidence enough ?
DIR By: ashthemash
Date: September 12, 2025, 4:15 am
---------------------------------------------------------
--- Quote from: ashthemash link ---
>
> Thank you very much. I have submitted my challenge.
>
> Reason for challenging the PCN?: The alleged contravention did
not occur.
>
> The Penalty Charge Notice (PCN) issued alleges the
contravention: "Parked without payment of the parking charge",
with contravention code 11.
>
> I would like to clarify that my vehicle was parked in the bay
for less than one hour. At the location parking is free for up
to one hour, and therefore, no payment was required during the
time my vehicle was present. The Council's conditions of use
explain to the motorist that a ticket or RingGo session is to be
obtained at the time of parking. However, they do not state that
a parking charge becomes due for the first hour if that
condition is not complied with. Therefore, while a ticket or
session may be required for administrative or enforcement
purposes, no actual payment is owed during the initial free
period. As such, the alleged contravention is not applicable in
this instance, since no parking charge was due or payable within
the free parking period. It is not possible to fail to pay a
charge where none is required.
>
> Furthermore, I have referenced previous tribunal decisions in
similar cases, which confirm that a contravention cannot occur
for non-payment where the parking session falls within a free
allowance. In those cases, appeals were upheld on the same
basis. I respectfully request that this PCN be cancelled
accordingly.
>
--- End Quote ---
Thank you all for your help and advice. The council have
cancelled the PCN.
#Post#: 89605--------------------------------------------------
Re: Council PCN received. Is their evidence enough ?
DIR By: stamfordman
Date: September 12, 2025, 4:59 am
---------------------------------------------------------
Post their letter.
#Post#: 89623--------------------------------------------------
Re: Council PCN received. Is their evidence enough ?
DIR By: fraser.mitchell
Date: September 12, 2025, 6:33 am
---------------------------------------------------------
And well done too !
*****************************************************
Page 2 of 2
DIR Previous Page