PCN from local authority

[simonhill]

I have received PCN from local authority for parking at leisure centre without displaying valid parking ticket however I always pay using Pay By Phone App. 

Although I paid late due to issue with my phone and also because I got busy due to my kids swimming classes.   The time on the PCN notice is before I paid for parking using the App and here is my question is this a valid scenario where I can still appeal? because I still paid using the App but after PCN was issued.

 

 

[Michael Browne]

Depends on the time difference.

What time was the pcn issued?  What is the time of observation?

Wha tme did the parking app start?

 

A few minutes difference is arguable, but more than 10 minutes say and you'd be struggling  to convince either the council or an adjudicator to allow an appeal.

[simonhill]

Time PCN issued: 14:43

Observation time: 14:40 to 14:43

 

I think the issue was with my Phone so it could be that App was fine but can't say for sure,  anyway I only managed to pay around 15:28 and I even paid to cover the time when the actual parking started.

 

I visit this place regularly and have been regularly paying with the APP with the history of payment on time can that help?

Edited August 5, 2022 by simonhill

[Michael Browne]

Realistically, with a 48 min time gap, your only option is to make an informal challenge , that you had trouble with your phone/app and only eventually managed to pay after some time and obviously mention your regular use of the place and have always paid previosly and ask that the council use it's discretion on this one occasion

 

as long as you make an informal challenge within 14 days they will re-offer the discount if they reject the callenge.

[Homer67]

As this is a Council PCN it will escalate quickly unless you appeal or pay.

 

Make sure you do one or the other.

[simonhill]

 Hi Michael, Below is the sample for informal challenge can you please review.  shall I also attach payment history from the App when I submit informal challenge?

 

Dear Sir/ Madam,

I am writing to informally challenge the Penalty Charge Notice XXXX.

On 4^th Aug my vehicle XXXXXX was issued with a Penalty Charge Notice for the reason of Parked in a car park without clearly displaying a valid pay & display ticket or voucher or parking clock at XXX car park.

I always pay using PayByPhone App and unfortunately on 4^th Aug I had trouble with my phone/app and struggled to pay as soon as I parked and only eventually managed to pay after some time, covering entire duration of parking.

I regularly visit XXXX and park in XXXX car park and have always paid previously on time so it is my humble request to use your discretion to cancel PCN XXXX on this one occasion.

I look forward to your positive response.

Yours faithfully,

XXXX

 

Edited August 5, 2022 by simonhill

[Michael Browne]

Yes that's as good as you can expect. It's almost certain they will reject, but stranger things have happened and if you don't ask you don't get.

 

Be aware that there is no statutory period that councils must respond to informal challenges . Some councils are resonably efficient, others can take up to 2-3 months

 

If you doit on-line, you should get an email acknowledgement  receipt of your challenge