Here is a recent tribunal decision. It should be considered in the light of the fact that Redbridge Council were paid for the use of a parking space so had zero financial loss but wanted a windfall gain of £60. Instead they lost c. £30, the tribunal fee.
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What Mr Mustard frequently sees in similar cases when you have paid for the wrong vehicle or location, or scratched off the wrong date on a voucher, is that the council use as the basis of their decision about your wrongful act and whether to 'let you off', the facts of the wrongful act i.e. they can't let you off paying for the wrong car because you paid for the wrong car, which is somewhat circular logic.
Mr Mustard thought about this problem and decided upon a particular approach. He would write this:
I made a mistake and paid for the wrong vehicle. I ask you to use your discretion to cancel the PCN and explain the reason(s) why you won’t if that is the case (which I hope it won’t be).
If you only ask for discretion, basically accepting that the contravention occurred and nothing else, then the response should be about whether or not the council will be kind and generous. Put on the spot they will find it much harder to say 'No, we are miserable mean people'.
End.
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