RingGo App wrong vehicle PCN claim victory

rupesmcd

Hi all, 
Just a quick post to say that if you mistakenly select the wrong vehicle on your RingGo app when using a public car park then make sure you do appeal the fine if you get a PCN.
Our Case
My wife parked before Christmas in a public car park and used the RingGo app to pay. She accidentally left my vehicle selected on the app instead of hers and when she came back to the car she had a PCN. We appealed it and it was turned down - despite us having the receipts and explaining the mistake. We did nothing and awaited the notice to owner. We then had the notice to owner letter come through and the fine increased from £25 to £50 and we were asked to pay again. We appealed again using the relevant reporting system and again our appeal was turned down. The authority claimed that no payment had been made for my wife's vehicle and that was the line they were sticking to (despite our explanation clearly showing what had happened). Anyway at this stage the last available course of action is to use the traffic tribunal website to have an independent adjudicator take a look and make a ruling. So we did this. We had to upload all the evidence again, and write a statement explaining our appeal, and we also had the chance to comment on any evidence uploaded by the authority (they uploaded about 15 documents). 
This morning another letter arrived and the fine had increased to £75. We again didn't pay as the decision was yet to be made by the adjudicator. 
Anyway to cut a long story short the independent adjudicator ruled in our favour just now and overturned the PCN. 
If you do a similar thing I would advise the following:
Don't just moan that it is unfair- make the point that the authority has suffered no loss as a result of your error and it is an abuse of their power to accept the payment you made in error AND to enforce the fine. It is this detail that won us the case. They didn't lose anything, we proved to them that payment had been made, and as such there was no contravention. The adjudicator made it clear that the fault was with the signage and the app - not my wife. A good result in the end. 

Fruitcake

Was this a council fine, or a parking charge from an unregulated private parking company? 
If the former, then your advice is good. If the latter, it is incorrect. 

Well done anyway, but clarification would be of great help to us here.

Castle

rupesmcd said:

Hi all, 
Anyway at this stage the last available course of action is to use the traffic tribunal website to have an independent adjudicator take a look and make a ruling. So we did this. We had to upload all the evidence again, and write a statement explaining our appeal, and we also had the chance to comment on any evidence uploaded by the authority (they uploaded about 15 documents). 

Would suggest that this is Council; where the adjudicators are independent and actually have some qualification.

Fruitcake

Castle said:

rupesmcd said:

Hi all, 
Anyway at this stage the last available course of action is to use the traffic tribunal website to have an independent adjudicator take a look and make a ruling. So we did this. We had to upload all the evidence again, and write a statement explaining our appeal, and we also had the chance to comment on any evidence uploaded by the authority (they uploaded about 15 documents). 

Would suggest that this is Council; where the adjudicators are independent and actually have some qualification.

I agree, but you know as well as I do that sometimes we find ourselves led astray because we haven't been given correct information.

Coupon-mad

Definitely a Local Authority one, going by the amount, the fact it added a further £25 later and the decision was made by the Traffic Penalty Tribunal.

Can you copy and paste the full decision please including your case number, date of decision and Adjudicator's name?  Could be useful in future as a 'key case' for us to point to and use as evidence, in support of similar LA and also private parking charge challenges (and defences).

This isn't new, we've seen this decided before but having the decision with date/reference number and Adjudicator's name would be very useful, thankyou.  Or if it's a postal letter decision please scan it or take a photo, with your name, address and VRM covered up.

rupesmcd

Hi All
Yes it was a local authority in Devon - not a privately owned car park. 
I've attached the adjudicator's decision. Thanks all. 

Coupon-mad

Very useful for both LA appeals and private parking cases as evidence in court defences, because although the regimes differ, the reasoning has similar application and the Government's intention is for private parking charges to mirror LA ones, so let's see similar arguments used in similar cases.

beamerguy

The Traffic Penalty Tribunal is a very fair system because it's independent.

I have won twice with them

Unlike the current sham of POPLA and the IAS in the private sector.

Caroline Sheppard OBE is the Chief Adjudicator who I understand is involved with the forthcoming independent appeals service for private parking tickets. 
Just as the councils finance the TPT.. the Private sector will finance the new appeals service regardless if they win or lose ?  

Parking companies will shudder at the thought that their protection will vanish when POPLA and the IAS hit the long grass, never to be seen again

Given the way private companies operate, it will be interesting to watch how the new appeals service performs, my guess is that at least 60-70% of appeals will be in favour of the motorist. ... maybe higher