City of Westminster* and PayByPhone

*This blog will also apply in part to other enforcement authorities.

The sign at the heart of the PCN.

The motorist, 'J', tried to pay by phoning and texting.

He didn't get anywhere and, of course, received a PCN for not paying.

Mr Mustard tested the explanation, texted the number and got an unhelpful response.

If a sign offer the ability to pay by text message the enforcement authority must make sure that it works. Equally, if they offer the ability to pay by phoning a contact centre that must also work and for the same hours as for which payment is expected.

 

Mr Mustard made the representations which included both lots of phone records above.

The good news is that the PCN was cancelled. The bad news is that what was written in response made no sense.

There are seven short paragraphs, imagine they are numbered from 1 to 7.

 

1    A polite introduction. 

2    A pointless sentence.

3    Undisputed so a waste of time.

4    No it wasn't, where did they get this from? 'J' knew where he was as he was in front of the sign. Mr Mustard knew the location in question and put it in his text.

5    Good to use goodwill but offered on a false basis, Westminster's system was at fault. Mr Mustard has tried it again just now, he gets the same message pushing him to the App. Shut up about precedents and fix your system please Westminster.

6    No session was paid for so this is irrelevant standard text and the motorist knew the correct number in any event. No mention of how you get a refund for the unwanted session.

7    Nothing about the responsibility of the City of Westminster to provide systems that work.

Should you end up with a PCN at London Tribunals an adjudicator might take the view that given the App isn't shown on the sign it doesn't matter if it goes wrong as you shouldn't be using it in any event (notwithstanding that it is probably the method used about 90% of the time). 

Mr Mustard would be arguing that neither the phone number nor text messaging works and based upon those being the only methods stated on the sign nothing else is of any relevance. Doubtless the City of Westminster will claim that you should have parked somewhere else but given that they control the whole of Westminster the same flaws would apply and so the suggestion is ridiculous.

Please do let Me Mustard know in the comments section if you do manage to pay in Westminster by either phoning up or texting.

The end.