Local Authority PCN - Can I counter claim via small claims court

Boardlady

Hi all, brief summary of my issue below, any advice gratefully received:

Parked in local authority car park (Berkshire) from 11.12.19 to 12.12.19
Parking charges apply from 9am to 6pm
Charges are in full days rather than by the hour, £7.20 per day
As I was away overnight I needed to use a mobile parking app
The app worked on day one when I parked without issue
On day 2 (when in Manchester) the app crashed several times in the morning meaning I couldn't pay until 1.18pm
With the car park charging by the day, rather than by the hour I didn't envisage this would be a problem as there would be no material loss of revenue to the LA and I had shown clear intent to pay
Unbeknown to me I had already received a PCN at midday

I appealed the PCN, sharing contemporaneous evidence that I had been in Manchester, explained that I'd had difficulties with the app but that I had paid for my parking before learning of the PCN. Indeed, I didn't get back to my car until late evening on the 12.12.19

The informal appeal has been denied on the grounds that I should have had a valid parking ticket or parking session

The directions for paying via app do not stipulate a time period within which to pay
I have 3 years evidence of paying for parking at the same location, often long before the 9am charging period starts

My options now are:

1. Pay the £25 fine - which I am reluctant to do, due to the injustice of the decision and the fact I have already paid £14.40 to park for the 2 days
2. Wait for a notice to owner and then formally appeal. The issue with this is that it will incur an additional admin charge of £10 for my leasing company to forward the notice.

If the 2nd appeal is unsuccessful then I have the option to appeal to an independent adjudicator.

My question is, if appeal is unsuccessful, would I be able to counter claim against the LA using the small claims process. For the fine (which will then be £50) and the £10 additional cost I have incurred as a result of the LA rejecting my informal appeal.

I appreciate that this is extra time and money.... but the principle is important. It cannot be right that motorists with no other option than to pay remotely are at the mercy of the system that the LA has chosen to manage those remote payments. If nothing else, it creates potential for corruption between the LA and the remote payment company.

Any advice gratefully received.

fisherjim

Well, local authorities cannot use anpr for their car parks so they have to use foot patrols so it follows that the attendant needs proof on his inspection either by his terminal or an on screen ticket, how else can they check?


The fact that you paid after he clocked the vehicle without a payment, which was then subsequently made could be construed as trying it on.


Does your phone record any instances of the app crashing that may be evidence?



However this is not the forum for advice on council tickets you need to get over to Pepipoo they are the experts on real parking penalties.

Umkomaas

As we major on private parking tickets here, PePiPoo will be your best bet for council tickets. Register there (but please note that a hotmail address won't work - try using a throwaway gmail account instead if you do have trouble registering) and post a new thread; here's your link:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need to post redacted photos/scans of all correspondence you've received from the council (both sides, if appropriate) as they need to see all the small print.

PePiPoo has an excellent success record in dealing with council tickets.

Boardlady

Thanks both for the PePiPoo recommendation, I'll check that out now.

@FishermanJim - I can prove that I didn't buy the parking after seeing the ticket as I have a receipt showing I was still in London 2 hours after the ticket was issued, I didn't get back to the car until 7pm that evening

The_Deep

I have recently won two appeals against local authority PCNs, imo they are very fair.

Coupon-mad

Most Council PCNs can be won on appeal at 2nd stage or adjudication. It is the opposite of the impression they give people when they turn down first appeals, in truth!