URI:
   DIR Return Create A Forum - Home
       ---------------------------------------------------------
       FreeTrafficLegalAdvice
  HTML https://ftla.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
       *****************************************************
       #Post#: 90794--------------------------------------------------
       PCN - Incorrect Parking Location (1 digit)
       By: LondonTraveller84 Date: September 20, 2025, 5:47 pm
       ---------------------------------------------------------
       Hi Guys!
       Silly mistake, I parked up, the first hour is free, if you book
       in via RingGo, which I did, on my return noticed a PCN! Double
       checked incase I had forgotten to make the booking, but it was
       there with half an hour remaining, on further inspection the
       code was '6081226' instead I had booked it under '6081222'
       They've hit me a Contravention 11 - Parked without payment of
       the parking charge
       See attached -
  HTML https://imgur.com/a/6OOuSjJ
       Both codes are for the same borough, would it not be sufficient?
       I will reply tonight stating the typo in booking being genuine,
       as there is a valid booking, hopefully the council will make an
       exception, or i have a feeling they'll be heartless and still
       reject!
       #Post#: 90796--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: stamfordman Date: September 20, 2025, 6:24 pm
       ---------------------------------------------------------
       We see plenty of these from Redbridge, which like some other
       councils is now rejecting challenges for honest mistakes on
       location codes - and now it's created longer codes which must be
       a factor.
       Also not paying for free parking is a nonsense contravention but
       some tribunal adjudicators just go with the wrong code without
       even checking the traffic order.
       Just send a polite challenge saying it was an honest mistake on
       a 7 digit location code that was for another Redbridge location
       and there was in any case no payment payable for the half hour
       you were there.
       #Post#: 90863--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: LondonTraveller84 Date: September 21, 2025, 3:27 pm
       ---------------------------------------------------------
       I have replied with the following, await their rejection :)
       "This was an honest mistake, which your warden would have seen
       as I had purchased a permit as required prior to leaving the
       car, which was still active when the warden issued the ticket,
       please see attached. However the issue that has result in this,
       is that the ticket was for another location while still in the
       Redbrdige borough, this was due to the fact I had a digit
       incorrect for the location code when booking, this can clearly
       be seen by the code used against the code at the location in
       question.
       Also there is technically no payment due for the first one.
       I am hoping you can review this case on it's own basis and see
       that this was a genuine mistake an the intention were correct,
       as a result I ask you please cancel this ticket."
       #Post#: 93709--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: LondonTraveller84 Date: October 11, 2025, 10:47 am
       ---------------------------------------------------------
       Hi All/[member=2249]stamfordman[/member],
       As expected, received a reply from the council, not excersising
       any discretion considering the circumstance.
       See attached response - how best to proceed or what should I
       reply with?
       I guess from a perspective of the regulations the code is
       incorrect even though it's by a single digit - Would the
       adjudicator take the same view, as I was once told her they go
       based on the law/rules/regulations and not assumption etc. If
       this is the case then I stand little chance at ajudication.
  HTML https://ibb.co/HDNDRFt0
  HTML https://ibb.co/WvgfKWrp
       #Post#: 93720--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: stamfordman Date: October 11, 2025, 12:16 pm
       ---------------------------------------------------------
       They say the wrong location renders the session invalid but the
       contravention is not paying, not for not having a valid or
       invalid session.
       We should also start putting councils to the test of duty to act
       fairly - this is set out in statutory guidance.
       I would go on with this. The 7-digit code is also getting silly
       now.
       #Post#: 93725--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: LondonTraveller84 Date: October 11, 2025, 12:55 pm
       ---------------------------------------------------------
       [quote author=stamfordman link=topic=8127.msg93720#msg93720
       date=1760202974]
       the contravention is not paying, not for not having a valid or
       invalid session.
       [/quote]
       I've heard about this point in a number of other posts on FTLA
       and one where its mentioned that its a free charge so how can
       one pay, while it logically makes sense, I've never gone with
       this ground and am worried I would not be able to argue my case
       other then just make the statement, with the ajudicator going
       with the point the ticket was not there, ie not paid (even
       though its free)
       [quote author=stamfordman link=topic=8127.msg93720#msg93720
       date=1760202974]
       We should also start putting councils to the test of duty to act
       fairly - this is set out in statutory guidance.
       [/quote]
       How though? councils clearly don't care, teh reasoning makes no
       difference in an email, an email won't make a difference, the
       ajudicators can't do nothing other then look at the case on the
       day.
       #Post#: 93728--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: stamfordman Date: October 11, 2025, 1:13 pm
       ---------------------------------------------------------
       In formal reps the question about fairness can be put, as to how
       this meets the statuary guidance to act fairly in the public
       interest, and any or no response can be taken to the tribunal.
       One outcome that is possible is an adjudicator can refuse the
       appeal but recommend cancellation.
       #Post#: 99450--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: LondonTraveller84 Date: November 23, 2025, 3:20 pm
       ---------------------------------------------------------
       Received the NTO,
  HTML https://ibb.co/yJv0bZm
  HTML https://ibb.co/CK44t898
       Any advice or guidance on drawing up a appeal for the formal rep
       that can win over the adjudication, as the council stance is
       clear, the fact that they literally ignore the point about non
       payment says it all also.
       I believe the first formal rep will go to LA again?
       I have another thread open for a similar where
       [member=24]Hippocrates[/member]  posted a recent adjudication
       for a similar wrong code scenario, and it was rejected :(
       #Post#: 99493--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: stamfordman Date: November 24, 2025, 4:54 am
       ---------------------------------------------------------
       This is from the statutory guidance.
       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. Failure to act in accordance with the general
       principles of public law may lead to a claim for a decision to
       be judicially reviewed.
       Enforcement authorities have a duty not to fetter their
       discretion, so should ensure that PNCs, NtOs, leaflets and any
       other advice they give do not mislead the public about what they
       may consider in the way of representations.
       They should approach the exercise of discretion objectively and
       without regard to any financial interest in the penalty or
       decisions that may have been taken at an earlier stage in
       proceedings.
       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.
       #Post#: 101618--------------------------------------------------
       Re: PCN - Incorrect Parking Location (1 digit)
       By: LondonTraveller84 Date: December 8, 2025, 5:55 pm
       ---------------------------------------------------------
       Responded with a lengty response, hopefully it'll do the job if
       not here then at ajudication
       1. The Contravention Did Not Occur
       1(a) A payment was made – therefore the alleged contravention is
       factually incorrect
       Contravention 11 requires the motorist to have failed to make a
       payment. The enforcement authority’s rejection letter confirms
       that a parking session was created and that a payment was made,
       but under the wrong location code. This means the contravention
       as stated on the PCN is factually incorrect.
       If the authority believes the issue was that the payment was
       allocated to the wrong location, that is a different
       contravention entirely, and not the one stated on the PCN. A PCN
       must match the facts alleged; if it does not, it is
       unenforceable - Therefore, the contravention as stated did not
       occur.
       1(b) Additional point: the parking charge was £0.00 – no
       monetary payment was due
       This is a crucial point, the location in which the vehicle was
       parked carried a £0.00 parking charge during the relevant
       period.
Where the required payment is £0.00, it is
       impossible to “fail to pay the parking charge” because:
       * No monetary payment is required,
       * No monetary payment is possible, and
       * A charge of £0.00 cannot logically be “unpaid.”

       If the authority’s position is that a free session was not
       correctly registered due to a location-code error, then that is
       not the contravention on the PCN. Code 11 explicitly requires
       non-payment of a charge, but when the charge is £0.00, the
       contravention cannot occur in law or in logic - It is therefore
       impossible for the alleged contravention to have taken place.
       2. Failure to Consider Circumstances and Exercise Discretion
       The Traffic Management Act 2004 statutory guidance requires
       councils to properly consider representations and exercise
       discretion fairly and proportionately. My error was a genuine
       and minor human mistake — a single incorrect digit/location code
       input while using the RingGo app. I made a good-faith effort to
       comply and made the required payment (even though the charge was
       £0.00).
       [**** Intersted your extract from the General Guidance Here
       *****]
       The rejection letter does not indicate that due consideration
       was given to mitigation or discretion. It uses a standardised
       explanation of policy rather than addressing my specific
       circumstances. The purpose of parking enforcement is compliance,
       not punishment. Penalising a minor clerical mistake — especially
       when the charge was £0.00 — is disproportionate, with my
       intention to comply being clear, this is precisely the type of
       situation where statutory discretion should be applied
       Conclusion -
       * The contravention as stated did not occur,
       * It is logically impossible to “not pay” a charge of £0.00,
       * The authority’s own evidence confirms a payment was made,
       * The authority failed to consider the cirsumstances and fairly
       and proportionately
       * And the enforcement action is disproportionate and
       unreasonable.
       *****************************************************
   DIR Next Page