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Full Version: wrong car registration clicked on Ring Go, fined as a result
FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
PTKid
I parked my car and paid for parking on the Ring Go app then entered a restaurant. When I arrived back to my car I received a fine. Opening my ring go app I realised I had used the wrong car on my list.

Having a few problems with Ring Go app with car Nicknames and preferred car choice keeps disappearing. While writing this the same problem is still occurring. However other times the app contains the correct information such as nicknames to each reg and shows my preferred choice. I have screenshots saved.

I have appealed to Glasgow city council on the basis it was human error however they have rejected it. They did admit I paid for a ticket however for the wrong car.

Would it be worthwhile appealing to the Independent Parking Adjudicator on the basis this is my first time receiving a fine, there are discrepancies with the Ring Go app which I am aware of now and there has been no intent by me to evade paying for parking?

If you need any further information please let me know.
Kind Regards
Starworshipper12
Did you contact RingGo regarding this?
PTKid
I haven't contacted Ring Go.

I believe all they can offer is templates for appeal. Please correct me if I am wrong.

stamfordman
In my experience there is nothing wrong with the Ringgo app but it's easy forget to check the reg you've got live. I've twice paid for the wrong car but realised my mistake with the text confirmation and then bought a session for the right car (and Ringgo will refund the wrong ones).

But that aside, if Glasgow won't use discretion there is nothing you can do except pay the discount penalty. Some councils are forgiving about honest paybyphone errors but some aren't.

You can post the correspondence for checking. I don't think we know of Glasgow's enforcement policy.
PTKid
I have contacted Ring Go just a few moments ago regarding the discrepancies with the app. The person on the chat can see my preferred reg however it isn't showing on my app screen when I am booking for parking.

Although I believe it may have contributed towards the error with my fine not sure it will help with the appeal. At least i will be more careful when book in my parking for next time.
PTKid


Below is the response to my appeal.

"Thank you for your communication regarding the above noted Penalty Charge Notice. I have investigated this matter and I am satisfied that the Penalty Charge Notice was issued correctly as the vehicle was observed parked without making payment of the parking charge. I note your comments and I can confirm that the records held at this office show that you had purchased a RingGo session on the above date for a different vehicle, therefore, it would not have shown on the Parking Attendant’s hand-held device when checked for the above vehicle. When using RingGo cashless parking, responsibility rests with the user to make payment for the correct vehicle. Where an error in vehicle selection has been made, RingGo’s Terms and Conditions, which you have accepted, give advice on what procedures to follow at https://www.myringgo.co.uk/help/article/34. Whilst I appreciate your points, I would advise that as the parking session purchased was not for this vehicle, I find no grounds to cancel this charge.


I have read a lot about discretion being used or advised by councils however this chap isn't likely to offer any leeway with this.

Is it worthwhile pushing the appeal to an Independent Parking Adjudicator? I already have asked though received a reply from the same council official saying it won't happen, which i find strange.

There really isn't any real information out there to understand the process.

stamfordman
"I find no grounds to cancel this charge."

I'd say this fetters discretion - no grounds implies policy but not their duty to consider fairness.

This is Scotland - I presume you get a notice to owner stage to make a formal appeal to the council before the adjudicator. But the adjudicator can't consider discretion only the facts.

What does your letter say.

So you can have another go at them about their duty not to punish you for making an honest mistake when they have not have been disadvantaged financially but you run the risk of forking out the full penalty.
PTKid
This is my appeal letter sent:

"To whom it may concern,

I always use the use GoRingGo app to pay for my car parking tickets and on the date of receiving this fine I incorrectly selected a different car that is also registered to my account. The car selected was my mother's (REG:xxxxxx ). It was an honest mistake.

I would appreciate it if you can look at this case and review if there are grounds for the fine to be appealed. I have screenshots of the booking and my cars registered on my GoRingGo app.

Kind Regards


The thing is I appealed and did not hear anything back from the council and they stated it could take 21 days or so to respond. This is the first time this has happened to me.

When a month or so passed by and didn't hear from them I paid the fine, just incase I missed a letter or email. I hope they don't think it was an admission of guilt, far from it, wasn't sure what the protocol was.



DastardlyDick
I believe that in Scotland, they still use the Road Traffic Act for parking enforcement, modified by two SSIs, not TMA 2004.
Whether this has any bearing on Adjudication etc., I don't know.
stamfordman
QUOTE (PTKid @ Fri, 5 Apr 2019 - 11:47) *
When a month or so passed by and didn't hear from them I paid the fine,



Well that just closed the case as they won't be sending you anything else now to appeal.

To be sure go to their site and check the status.
PTKid
If I had paid then appealed then the case would have been closed. As I appealed then paid a month later I believe the case is still open. Not entirely sure though.

this is the link to Glasgow city council Penalty Charge Notices:

https://www.glasgow.gov.uk/index.aspx?articleid=16986



stamfordman
So log in and see what it says.

PTKid
still only two options. Contact us and payment. There is a tab to view evidence as well. Always has been the case.

I did request to take my case to the adjudicator, this is the reply:

".... I refer to your correspondence in connection with the above Penalty Charge Notice. I would reiterate the contents of my letter dated 6 February 2019 that as the parking session purchased was not for this vehicle, I am satisfied that the Penalty Charge Notice was issued correctly. I can confirm that your payment of £60.00 has been accepted and the case remains closed. I trust this information is of assistance to you. Yours sincerely"
stamfordman
You paid £60? Surely the discount of £30 was offered in the rejection. Or did you challenge too late for the discount.

Has the payment actually been taken from you?
PTKid

Yes I paid £60. I put in the appeal on the same day I received the fine.

Yes the monies was taken out my account.

The appeal process is really just an ordinary contact page. You fill in the details and your message then send it, with a confirmation emall to say they will process your message within 20 working days.


No offer of the £30 discount. in the rejection.
stamfordman
Sorry but you're not making much sense here. Glasgow's PCN rate for a parking contravention is £60 discounted to £30 if paid within 14 days so why would you pay £60?

Maybe someone else can help you - perhaps you can recover £30 but I'm out.





PTKid
I paid the £60 before I received a reply and after 14 days; confused really didn't know what to do. The reply did not arrive till the 6th of February. The fine and my appeal was on the 21st of December.

With hindsight the charges would not have been any higher than £60 and I should have waited. Because I have paid they won't let me appeal to the adjudicator, I believe.
cp8759
QUOTE (PTKid @ Fri, 5 Apr 2019 - 14:34) *
I paid the £60 before I received a reply and after 14 days; confused really didn't know what to do. The reply did not arrive till the 6th of February. The fine and my appeal was on the 21st of December.

With hindsight the charges would not have been any higher than £60 and I should have waited. Because I have paid they won't let me appeal to the adjudicator, I believe.

Give us the dates of

1) Your payment
2) Their reply

If the notice of rejection was sent after you paid, with a bit of luck you can get the whole £60 back.
PTKid
Hi,

This is a spreadsheet with the dates attached.

I am aiming to reply to the council.

Kind Regards
Peter
cp8759
You paid the penalty outside the 14 day discount period, so you have no right to anything (let alone an appeal to the adjudicator) and the council are likely to either sending you a letter confirming this, or, if you persist, they might just ignore you. You can aim for whatever you like but the matter is effectively closed.
PTKid
Thanks for the input cp8759.

So if I had paid the fine within 14 days I would have had a chance to go to the adjudicator?

Or better to have waited for the appeal to have been processed/rejected to have had a chance for the adjudicator to view my case? Without paying a thing till the final outcome?

The only information that is available to me states not to pay then appeal. I appealed then paid.

Regards
cp8759
QUOTE (PTKid @ Tue, 16 Apr 2019 - 19:19) *
Thanks for the input cp8759.

So if I had paid the fine within 14 days I would have had a chance to go to the adjudicator?

Or better to have waited for the appeal to have been processed/rejected to have had a chance for the adjudicator to view my case? Without paying a thing till the final outcome?

The only information that is available to me states not to pay then appeal. I appealed then paid.

Regards

The process is very simple, either you pay (which is acceptance of liability), or you challenge the penalty. You cannot do both, if you wanted to take the matter to adjudication, you shouldn't have paid at all. If you could pay the discounted penalty and then appeal, everybody would appeal everything. The whole point of the discount is to encourage those who accepted they are liable to pay and close the matter without imposing a burden on the representations / appeals system.

To put it into context, something around 8 million PCNs are issued each year in England and Wales and something in the region of maybe 80 to 100,000 is appealed. If the tribunals were suddenly faced with 8 million appeals a year, the penalties would need to be very much higher in order to cover the additional costs.
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