Pay-and-Display / App Session Validly Active
Where the motorist has paid the parking charge but the FCN was nonetheless issued (ticket displaced by air, app session in different operator's system, registration paid mid-walk-by), the FCN must be cancelled on production of proof of payment.
Legal basis
The requirement to pay for parking in a pay-and-display or pay-by-app area, and the consequence of having paid, arise under the parking bye-laws of the individual local authority, made under the Road Traffic Acts. Those bye-laws, not the national regulations, are what a fixed charge notice for non-payment is issued under, and they are what must be produced if the authority maintains the notice after proof of payment is supplied. Where payment was validly made for the vehicle and the period in question, the conduct the notice alleges did not occur. NOTE: article 37 of the Road Traffic (Traffic and Parking) Regulations 1997 is NOT authority for this. Article 37(1) concerns the single yellow line (traffic sign RRM 007) and article 37(2)(a) the restricted-parking sign RUS 018, under which a vehicle "may only be parked for the length of time and, where appropriate, during the period, indicated on the information plate" — neither addresses payment. Ask the issuing authority to identify the bye-law and the sub-article relied on, and produce proof of payment against it.
How to identify this in your case
Bank statement / Parking Tag / ParkMagic / Easypark / Parkopedia history showing valid session covering the FCN time. Photo of ticket on dashboard.
Sample appeal wording
Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at. Replace the bracketed prompts with your own details; leave any case citation as it is.
To: [Issuing Authority] Re: FCN [NUMBER] Parking was paid for. A valid session was active when the FCN was issued. Evidence enclosed: - Pay-and-display ticket purchased [TIME] valid until [TIME] - App receipt [Parking Tag / ParkMagic / Easypark] - session [REF] from [START] to [END] - Bank/card statement showing payment of EUR [X] at [TIME] - Photograph showing ticket clearly displayed on dashboard The FCN was issued at [TIME] - within the valid period. No offence was committed under the by-law / Art. 37 of S.I. 182/1997. Cancel the FCN. Yours faithfully, [NAME]
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