DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 77705--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: H C Andersen
Date: June 23, 2025, 7:19 am
---------------------------------------------------------
It's the wrong contravention description.
Display is optional therefore IMO cannot give rise to a penalty
for not displaying.
#Post#: 77744--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: Circle87
Date: June 23, 2025, 9:29 am
---------------------------------------------------------
Any advice on what to send in my unofficial appeal at this
stage?
#Post#: 77762--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: H C Andersen
Date: June 23, 2025, 11:21 am
---------------------------------------------------------
Contravention did not occur.
On the day in question I ****** (your story).
On my return I found the PCN which gave the following
contravention description: ******
This is improper and does not reflect the options for payment at
the site which are:
Pay and display, OR
Pay by RingGo.
It is axiomatic that as the council gives motorists the option
to display or not to display, providing that payment is made,
then not displaying cannot give rise to a contravention because
it's not mandatory.
Yes, I made a mistake in that I paid late due to a poor signal
and had the PCN stated grounds of not paying the parking charge
then this would have been accurate.
But the council has also made a mistake and I hope will be
equally candid and recognise that the wrong description means
that a penalty may not be demanded from me. The PCN must be
cancelled.
#Post#: 77764--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: stamfordman
Date: June 23, 2025, 11:38 am
---------------------------------------------------------
The contravention says not displaying a virtual permit. You can
argue about the meaning of displaying but not that a virtual
session is not on the PCN nor than pay by phone isn't in the
traffic order (it is).
Of course the terms board should be updated but you'd encounter
the pay by phone alternative when at the P&D machine.
#Post#: 77791--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: H C Andersen
Date: June 23, 2025, 2:44 pm
---------------------------------------------------------
There aren't any permits listed on the board.
The P&D requirement on the Ts and Cs board can hardly be pushed
to one side IMO.
#Post#: 77909--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: stamfordman
Date: June 24, 2025, 8:20 am
---------------------------------------------------------
OK, so a virtual permit is not the same as a virtual pay ticket.
This is what the traffic order says and I presume the order is
mentioned on the board.
HTML https://www.ashford.gov.uk/media/j0abjkhj/deposit-docs.pdf
HTML https://i.imgur.com/oGKmm9r.png
#Post#: 77934--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: Circle87
Date: June 24, 2025, 10:39 am
---------------------------------------------------------
May I ask what this means in terms of fighting this PCN?
#Post#: 77938--------------------------------------------------
Re: Ashford Borough Council (Kent) - Elwick Road Carpark PCN
Convention 83 Parking without permit
DIR By: H C Andersen
Date: June 24, 2025, 10:58 am
---------------------------------------------------------
IMO, as I posted.
'Pay and display' means a system of payment of the parking
charge.....unless payment for parking has been made by 'pay by
phone'
'Pay by phone' means a method of payment.....
Whichever way it's cut, IMO the grounds are wrong: it's
non-payment which is at issue. Even the b****y order accepts
that P&D does not require display, so how the hell can
non-display give rise to the cited grounds in a 'Pay and
display' car park?
You did not pay.
*****************************************************
Page 2 of 2
DIR Previous Page