Council PCN For Not Displaying Ticket In Free Car Park, Contravention 83 Options

[EViS]

Could I please have some advice in regards to me having received a PCN for approximately 45 minutes of parking within a bay of a council operated car park. The car park offers free parking for the first three hours. I did not read the parking terms displayed that despite the free parking allowance, a pay&display ticket must still be printed from the car park's machine with the vehicle's registration, and displayed inside the vehicle.

I returned to the vehicle 15 minutes after a PCN was issued for "parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock, contravention code 83". Realising the error, I did then print a free ticket (18 minutes after the PCN was issued) and immediately drove out of the car park. For the avoidance of doubt, I printed the ticket in the event it is of use as proof of the time when I returned back to find the PCN.

Is it possible to challenge this on grounds such as 'no loss of earnings were incurred'?

Any advice greatly appreciated .

This post has been edited by EViS: Tue, 21 Jan 2020 - 13:05

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[The Bishop]

I don't think you'll find anyone on here agreeing with the idea of making any kind of false statement. The offence is definitely committed and I think the only chance for any wriggling would be if you post pictures of the PCN and signage at the car park and hope someone clever spots an issue.

[hcandersen]

This is the council forum therefore we don't need to anonymise 'the driver'. In fact we need to know whether the OP is the driver, and therefore posting first-hand info, or simply posting what they've been told.

You acknowledge that a ticket was not displaced therefore if such a requirement exists and is conveyed clearly at the site then the contravention occurred. But we still need to check and review the PCN which you should post pl.


Realising the error, the driver did then print a free ticket and display this (18 minutes after the PCN was issued).

Why did the driver return to the car and why did they display the ticket? This question has a sting in its tail.

If the driver returned at the time the free ticket was obtained and then drove out of the car park this strengthens any request for mitigation because they have proof that they returned to the car park. After all, who parks then returns then leaves their car again? But if they returned and then displayed a ticket which gave them a further 2 hours then what are the authority to think? Aha, we knew you planned to stay for longer when you first parked which is why you didn't get a 2-hour ticket, instead you hoped that if you checked on the vehicle periodically and found a PCN then you could wangle a further 2 hours and still submit a request for discretion.

Barring procedural issues the driver only has a plea for discretion.

[cp8759]

Start by posting up the PCN (both sides so we can check it's legally compliant), the photos taken by the enforcement officer (should be on the council's website) and a link to the location on google street view. The council can allege whatever it wants but we have no idea if there is adequate evidence to support the allegation, whether the signs and tariff board was compliant and so on, we need all this information to provide any meaningful advice.

[EViS]

Thanks for the replies so far . I have uploaded all the relevant photos to the opening post and edited the post to remove a few of the assumptions which have arisen. There were three other photos taken by the enforcement officer, however, they were of someone else's vehicle.

Interestingly, I found out from a neighbour yesterday that the sole pay&display machine has only just been reinstated within the past month. The previous machine was damaged and left in a state of disrepair for the previous 3+ months. Could this assist with a plea for discretion argument, if no technicality exists? Admittedly I have been occasionally using this car park for a couple of years and have never taken note of the need to display a free pay&display ticket .

This post has been edited by EViS: Tue, 21 Jan 2020 - 13:07

[EViS]

Could anyone please assist with some feedback and/or offer advice towards a legitimate response I could use to this PCN?

[EViS]

One more bump to see whether anyone could please assist?

[stamfordman]

Just make a polite plea for discretion as you made an honest mistake. This is a common mistake for free periods but if you think about it, how is the council to know when the free period ends unless you display a ticket? You could also say it would be useful if there was a notice explicitly saying a ticket must be displayed for the free period (assuming we've seen all the notices) and that you were genuinely not aware of the need to display.

One thing - the enforcement authority on the front of the PCN is Tandridge DC - but it is administered by Sevenoaks.

This post has been edited by stamfordman: Sat, 25 Jan 2020 - 18:02

[EViS]

Thank you for taking the time to reply stamfordman. I've sent in my plea and await a reply .

[EViS]

Blimey! Only 3 hours after submitting my appeal, I've received an email reply advising that "on this occasion, your Penalty Charge Notice has been cancelled."

What a result!

Thank you for all of your replies.

[stamfordman]

Wow - that is one of the fastest we've seen. I suspect they've either had a string of similar cases and know the signage is not the best or they have a policy of a first time cancellation for a no loss (to them) contravention.

This post has been edited by stamfordman: Mon, 27 Jan 2020 - 17:00

[Incandescent]

So quick you get the impression their parking department don't have a lot to do ! Welcome anyway for its lack of venality; that evil we see so often on this forum.