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#Post#: 66043--------------------------------------------------
Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 8, 2025, 2:47 am
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A ticket attached to windscreen for parking in a car park
without a ticket.
When I had selected the car park and car on ringo it seemed to
have no internet to complete the payment process despite being
in the middle of Wimbledon. When I got internet again I
continued the process but somehow it had reverted back to the
most recent car park and car used which meant I paid for our
other car to be parked in a completely different car park in a
completely different borough instead.
No idea how this happened, I guess I wasn’t expecting it to
change and so didn’t double check before purchasing. Is there
anything that can be done? I’m very early days pregnant and
nauseous and just didn’t double check when the internet finally
came back.
Either way I will appeal. I have some good text from a previous
appeal I did on my own a couple of years ago (and won) as
follows, let me know if it’s worth incorporating (have updated
the reasons for this case):
Government guidance
HTML https://www.gov.uk/government/publications/civil-enforcement-of-parking-contraventions/guidance-for-local-authorities-on-enforcing-parking-restrictions<br
/>suggests the following:
“An authority has a discretionary power to cancel a PCN at any
point throughout the process. It can do this even when an
undoubted contravention has occurred if the authority deems it
to be appropriate in the circumstances of the case.
Under general principles of public law, authorities have a duty
to act fairly and proportionately and are encouraged to exercise
discretion sensibly and reasonably and with due regard to the
public interest.”
In this particular circumstance, I am asking you to please
cancel the PCN mentioned above on the basis that:
- I had selected the correct car park and car but there was a
problem with the internet which meant I couldn’t complete
payment
- when this was rectified I had assumed the same choices were
still selected and had no reason to believe that it would have
reverted to the most recently/frequently used options
- in the early stages of pregnancy I am feeling very nauseous
which impacted in not double checking the entries were correct
post the internet coming back.
The guidance permits cancelling PCNs, even with an undoubted
contravention, where it is appropriate. It also encourages local
authorities to be sensible and reasonable in these situations.
This, I hope you will agree, is one of those situations, and
therefore please could you cancel the PCN and confirm via email.
[member=1]cp8759[/member] Is this a lost cause?
#Post#: 66159--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 8, 2025, 1:34 pm
---------------------------------------------------------
Well the council photos do not show any signage, and your
proposed draft concedes the following points:
1) that the location stated on the PCN is the location where the
car was, but the PCN just says "Hartfield Road, Wimbledon" and
your car was in a car park
2) you've conceded that there was a requirement to pay
3) you've conceded that there was adequate signage to inform you
of the fact that there was a requirement to pay
4) you have also conceded that the description of the
contravention matches the requirements imposed by the signs
At risk of stating the obvious it doesn't matter too much what
actually happened, the only thing that matters is what each side
can prove.
Based on what we know to date, the council cannot prove anything
at all other than the fact that your car was parked somewhere
and a PCN has been served alleging a contravention on Hartfield
Road, that is not sufficient evidence for the tribunal to find
that a contravention occurred or that a penalty charge is
payable.
The more you say in the representation, the more notice the
council has and the greater the opportunity they have to plug
their evidential gaps, which you don't want because at the
moment their case has more holes than a sieve.
For now please have a read of Lydia Russo v Plymouth City
Council (PL00004-2401, 12 March 2024)
HTML https://drive.google.com/file/d/1WW83Desv43qE8aviq2wez1KRsivNCqME/view,<br
/>and also tell us if you're the registered keeper.
#Post#: 66174--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 8, 2025, 2:27 pm
---------------------------------------------------------
Should I ask for the photo evidence they say they have? Yes I am
the registered keeper.
#Post#: 66175--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 8, 2025, 2:37 pm
---------------------------------------------------------
Ok so I have read through that adjudication, and the difference
is the machine in the car park does give tickets, but does not
have a provision to pay by card it looks like - see attached. So
there would be the option to have a ticket in this car park, and
therefore it isn’t just a virtual option in this instance.
The car park is called Hartfield Road Car Park though, which
isn’t the location listed on the PCN.
#Post#: 66177--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 8, 2025, 2:41 pm
---------------------------------------------------------
I attached some pics from Google maps but they’re out of date,
but there were ringo signs that were visible, but nothing about
the times these were in operation from immediately clear. I
didn’t look much further as I logged onto ringo with the
intention to find out more there.
[attachment deleted by admin]
#Post#: 66202--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 8, 2025, 6:19 pm
---------------------------------------------------------
--- Quote from: fizz90 link ---
>
> Should I ask for the photo evidence they say they have? Yes I
am the registered keeper.
>
--- End Quote ---
Absolutely not, the last thing you want to do is alert them to
the fact that you might take issue with the evidence of signage.
To be perfectly honest in a case like this the best bet is going
to be to wait for the notice to owner. The less information you
give to the council, the better. At this point I wouldn't give
them anything at all as you are not under any obligation to
respond to a roadside PCN.
#Post#: 66221--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 9, 2025, 2:46 am
---------------------------------------------------------
Ok so not respond to this roadside one and wait for the actual
notice to keeper to be sent to me?
#Post#: 66336--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 9, 2025, 12:12 pm
---------------------------------------------------------
--- Quote from: fizz90 link ---
>
> Ok so not respond to this roadside one and wait for the actual
notice to keeper to be sent to me?
>
--- End Quote ---
That's what I would do.
#Post#: 67676--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 18, 2025, 3:59 pm
---------------------------------------------------------
Hi there, sorry to bother you - I am yet to receive a NTK - is
that meant to be sent within a time limit? Will it operate in
the same way as the PCN or will it just demand the full amount?
#Post#: 67677--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 18, 2025, 4:05 pm
---------------------------------------------------------
It will demand the full amount but if you challenge it within 14
days, they will reoffer the discount again to discourage you
from appealing to the tribunal. They have six months to serve
the notice to owner.
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