DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 67724--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 19, 2025, 7:39 am
---------------------------------------------------------
Thanks so much for coming back to me. The detail I have seen on
the council website and from researching is that you have to
respond to a roadside PCN, it is legally enforceable - is that
not the case? Do they have to give the discounted rate for
another 14 days after the NtO or is that discretionary?
Also I went back to the car park and took photos. I don’t think
the signage is adequate, but it does allow a ticket to be
printed in the car park.
[attachment deleted by admin]
#Post#: 67746--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 19, 2025, 11:17 am
---------------------------------------------------------
--- Quote from: fizz90 link ---
>
> Thanks so much for coming back to me. The detail I have seen
on the council website and from researching is that you have to
respond to a roadside PCN, it is legally enforceable - is that
not the case? Do they have to give the discounted rate for
another 14 days after the NtO or is that discretionary?
>
--- End Quote ---
The only consequence of ignoring the PCN is that the council
will send an NTO, which is exactly the same thing that will
happen if you challenge the PCN and the challenge is rejected,
so it doesn't really make much difference.
Reoffering the discount if the NTO is challenged promptly is
discretionary, but in our experience to date Merton always does
this. It's not guaranteed, but you'd have to be extremely
unlucky to be the first person to be the victim of a new
practice not to reoffer the discount.
The following councils have previously asserted that they would
not reoffer the discount:
London Borough of Brent
London Borough of Camden
London Borough of Enfield
London Borough of Haringey
London Borough of Havering
London Borough of Islington
London Borough of Redbridge
But even those councils seem to reoffer it anyway in many
instances.
#Post#: 67748--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: H C Andersen
Date: April 19, 2025, 11:27 am
---------------------------------------------------------
Do they have to give the discounted rate for another 14 days
after the NtO or is that discretionary?
Why don't you ask them?
From the Secretary of State's Statutory Guidance:
Authorities should formulate (with advice from their legal
department) and then publish their policies on the exercise of
discretion. They should apply these policies flexibly and judge
each case on its merits. An enforcement authority should be
ready to depart from its policies if the particular
circumstances of the case warrant it.
The process of considering challenges, representations and
defence of appeals is a legal process that requires officers
dealing with these aspects to be trained in the relevant
legislation and how to apply it. They should be well versed in
the collection, interpretation and consideration of the
evidence, writing clear but concise case-specific responses to
challenges, enquiries and representations, presenting the
authority’s case to adjudicators.
Authorities should ensure that their legal departments are
involved in establishing a processing system that meets all the
requirements of the law.
#Post#: 67749--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 19, 2025, 11:29 am
---------------------------------------------------------
That’s really useful - thank you so much for that extra
information, I appreciate it.
The parking information in the car park doesn’t actually have a
numerical value for the penalty included in the terms at all. I
know on another PCN I have appealed against I utilised the
parking eye sign where the amount of penalty is clear - is this
not something councils need to do with their car parks?
#Post#: 67751--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 19, 2025, 11:42 am
---------------------------------------------------------
--- Quote from: fizz90 link ---
>
> The parking information in the car park doesn’t actually have
a numerical value for the penalty included in the terms at all.
I know on another PCN I have appealed against I utilised the
parking eye sign where the amount of penalty is clear - is this
not something councils need to do with their car parks?
>
--- End Quote ---
No, penalty charges (as opposed to private parking invoices) are
set by statute and do not need to be displayed anywhere. They
are required to be published but London Councils publishes them
on their website, so they're covered.
#Post#: 67752--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 19, 2025, 11:48 am
---------------------------------------------------------
There were ringo signs dotted about with that being the only
sign saying the details and two pay machines which were able to
give a ticket.
#Post#: 67755--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: fizz90
Date: April 19, 2025, 11:58 am
---------------------------------------------------------
Ok then, so it appears as though the sign is fine and the
contravention is accurately described because there is the
availability of physical tickets in the car park. I’m not really
sure what else there is to argue other than the incorrect
location which is ironic because I also paid for the incorrect
location… just mine was with the incorrect car too…
#Post#: 67763--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 19, 2025, 12:29 pm
---------------------------------------------------------
When you get the notice to owner I will draft something for you.
For later: The Merton (Off-Street Parking Places) (No. 1) Order
2019
HTML https://drive.google.com/file/d/1oyRtfA4WtQ4_4Ivu18bmuWeJOvoeMozj/view
#Post#: 67792--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: H C Andersen
Date: April 19, 2025, 2:36 pm
---------------------------------------------------------
IMO, the contravention description does not 'properly describe'
the offence.
How could 'not displaying.....' describe a situation where
display is optional i.e. you may purchase parking rights without
displaying anything.
#Post#: 67796--------------------------------------------------
Re: Merton - Contravention code 83 parked without displaying a
ticket
DIR By: ivanleo
Date: April 19, 2025, 3:09 pm
---------------------------------------------------------
Indeed, Lydia Russo v Plymouth City Council (PL00004-2401, 12
March 2024)
HTML https://drive.google.com/file/d/1WW83Desv43qE8aviq2wez1KRsivNCqME/view<br
/>is an example of this.
*****************************************************
Page 2 of 4
DIR Previous Page
DIR Next Page