Council Car Park PCN for not registering at Machine in free 30 min period - already appealed - what next?

[NoChargeToPay]

I'm looking for advice on how to make a representation in response to a Notice to Owner received after a PCN was issued, please. Any advice gratefully received!

 

A local council carpark has recently changed its parking payment machines. With the new machines, there is a 30-minute free parking period, after which there is a charge, which needs to be paid in advance. The new machines require you to enter your number plate before making payment.

 

On the 4th August this year, I used the car park for the first time since the installation of the new machines. After queuing for a ticket and getting to (almost) the front of the queue, I spotted that there was a 30 minute 'free' period from the small notice on the machine.

 

As I was not going to exceed the 30 minutes, I left the queue and went off to do what I needed to do.

 

On my return, which was within the 30 minute period (and the google maps records on my phone confirm this), I had received a PCN.

 

I challenged the PCN on the same day on the basis that

 

1) I had not been attempting to avoid payment as no payment was ever going to be due, and

 

2) that the signage was not clear that you needed a ticket for the free period.

 

The challenge was rejected because I didn't have a pay and display ticket, and 'The 30-minute free parking option still requires drivers to register their parking session via RingGo or the pay-and-display machine, as stated on the machine and signs within the car park.

 

Upon arriving at the machine, the text on the tariff insert states that all parking session must be registered. If the 30 minutes is not registered by machine or RingGo, there is no way for us to manage the concession and ascertain how long a vehicle has been parked'

 

As it is not clear HOW you obtain a ticket when you don't need to make a payment, I decided to further challenge, so we waited for the notice to owner, which finally arrived on the 21st October.

 

I attach a photo of the machine, which declares at the bottom that you need a ticket (I didn't spot that on the day - I only read the top 2 lines), but only provides instructions on the machine for how to make payment (enter registration number, insert coins, get ticket).

 

I also attach a copy of the RingGo signage alongside, which again focuses on how to make payment. Neither are clear about what you need to do when there is no payment to be made.

 

I would also assert that the rejection of the challenge with 'if the 30 minutes is not registered by machine or RingGo, there is no way for way for us to manage the concession and ascertain how long a vehicle has been parked', assumes that I would know how their carparking system works.

 

There is no acknowledgement that other, NCP, carparks within a 5-mile radius use automatic number plate recognition to spot cars that have entered the carpark and not bought a ticket if they stay beyond the grace period.

 

Given we now have the Notice to Owner and have seen the criteria, do I have the grounds to make a representation to cancel the PCN?

 

I think the only grounds are that 'the signs and lines installed are not compliant with legislation', which presumably should be clear?

 

Any information gratefully received.

Many thanks for reading this far!

 

Photo 1 - Overall Signage (reduced).pdf Photo 2 - Machine.pdf Photo 3 - RingGo Payment Option.pdf

[dx100uk]

Sorry is this a penalty charge notice from a council you got or a parking charge notice from NCP?

 

Dx

[NoChargeToPay]

It's a PCN from a council. Sorry for the confusing bit about NCP carparks - it was just an example of a system that didn't require a ticket for them to know how long you'd been there, in contrast to the explanation given by the council for refusing our initial challenge. 

Edited November 7, 2022 by NoChargeToPay