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2 Mins to get change? Got Ticket Instead.
coolcat
post Sun, 30 Sep 2007 - 17:12
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Hello again,
I was parked in my local town recently but I didn't have any change. I parked my car and quickly ran to the shop next to the parking to get change.
As you can see by the ticket I was ticket for just 2 minutes. I ran out the shop as I see the warden and said I was getting change but she said "too bad, the offence was commited as soon as you left the car". The thing is it would have taken me just as long to walk from my car to the pay & display machine.
Do they really have the right to make me pay this?
Thank you
coolcat. (again)


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post Sun, 30 Sep 2007 - 17:12
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clark_kent
post Mon, 1 Oct 2007 - 12:39
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QUOTE (MartinHP71 @ Mon, 1 Oct 2007 - 12:47) *
QUOTE (clark_kent @ Mon, 1 Oct 2007 - 09:43) *
I am not wrong we are discussing a Pay and Display not a car park and that aside discussing going to get change not asking someone at the scene for change.


I quote from the NPAS report.

It is well established that it is good practice for a PA to observe a vehicle for at least five minutes before issuing a PCN where there is a requirement to pay and display (in this case !!!) If they do not do so, then the council would be obliged to accept a motorist's representations



NPAS has no juristriction over London Parking so the report is meaningless in this case. The TRO will usually state it is a contravention to leave a vehicle in the parking place without payment, going to get change is leaving a vehicle and all adjudication regarding this matter has gone in the Councils favour.
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sarahg1969
post Mon, 1 Oct 2007 - 12:44
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Clark Kent, you have expressed lots of opinions on this thread, but not mentioned what you think about the enforceability of the PCN. Is it valid, in your opinion?
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clark_kent
post Mon, 1 Oct 2007 - 12:53
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QUOTE (sarahg1969 @ Mon, 1 Oct 2007 - 13:44) *
Clark Kent, you have expressed lots of opinions on this thread, but not mentioned what you think about the enforceability of the PCN. Is it valid, in your opinion?



The contravention took place and a PCN should have been issued but the validity of the PCN document itself is not what I was commenting on. The driver was gone for longer than needed to buy a ticket from the machine, the 2 mins was only the time the PA was standing next to the car, if he had been at the machine he would have seen the PA and visa versa.
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fred2
post Mon, 1 Oct 2007 - 13:35
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QUOTE (clark_kent @ Mon, 1 Oct 2007 - 09:37) *
QUOTE (/dev/null @ Sun, 30 Sep 2007 - 20:21) *
Claim that you weren't getting change, but that you were getting a ticket and there were several people using the machine hence taking a little longer. I doubt they'll follow it up too much.



Good idea lie that will REALLY help! The Council machines are computerised and will be able to tell how many tickets where sold at the time of the PCN issue and the PA will have noted the machine had no one at it so not really the best plan of action.
Yes, best not to lie and lower yourself down to the same level as a PA with morals & integrity lower than a sewer rat!
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clark_kent
post Mon, 1 Oct 2007 - 13:41
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QUOTE (fred @ Mon, 1 Oct 2007 - 14:35) *
QUOTE (clark_kent @ Mon, 1 Oct 2007 - 09:37) *
QUOTE (/dev/null @ Sun, 30 Sep 2007 - 20:21) *
Claim that you weren't getting change, but that you were getting a ticket and there were several people using the machine hence taking a little longer. I doubt they'll follow it up too much.



Good idea lie that will REALLY help! The Council machines are computerised and will be able to tell how many tickets where sold at the time of the PCN issue and the PA will have noted the machine had no one at it so not really the best plan of action.
Yes, best not to lie and lower yourself down to the same level as a PA with morals & integrity lower than a sewer rat!



At least my comment was helpful and constructive unlike yours which serves no purpose whatsoever. If you think making up a story which can clearly be proven as a lie is going to help the OP get off you are as stupid as the person who suggested it.
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legaladviser
post Mon, 1 Oct 2007 - 13:45
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QUOTE (clark_kent @ Mon, 1 Oct 2007 - 14:41) *
At least my comment was helpful and constructive


Ha, that would be a first. Why don't you troll somewhere else, where someone appreciates the sad mentalilty of a parking attendant?

This post has been edited by legaladviser: Mon, 1 Oct 2007 - 13:46
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sarahg1969
post Mon, 1 Oct 2007 - 13:46
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QUOTE (clark_kent @ Mon, 1 Oct 2007 - 13:53) *
QUOTE (sarahg1969 @ Mon, 1 Oct 2007 - 13:44) *
Clark Kent, you have expressed lots of opinions on this thread, but not mentioned what you think about the enforceability of the PCN. Is it valid, in your opinion?



The contravention took place and a PCN should have been issued but the validity of the PCN document itself is not what I was commenting on. The driver was gone for longer than needed to buy a ticket from the machine, the 2 mins was only the time the PA was standing next to the car, if he had been at the machine he would have seen the PA and visa versa.


So, DO you think the PCN document is valid?
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DW190
post Mon, 1 Oct 2007 - 13:51
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QUOTE (clark_kent @ Mon, 1 Oct 2007 - 14:41) *
If you think making up a story which can clearly be proven as a lie is going to help the OP get off you are as stupid as the person who suggested it.


So you will agree that PA's and Parking Departments of Local Authorities who persistantly Lie are Stupid.


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fred2
post Mon, 1 Oct 2007 - 15:02
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QUOTE (clark_kent @ Mon, 1 Oct 2007 - 14:41) *
At least my comment was helpful and constructive unlike yours which serves no purpose whatsoever. If you think making up a story which can clearly be proven as a lie is going to help the OP get off you are as stupid as the person who suggested it.

Would that be in the same league of stupidity as clark_kunt's buddies who routinely issue ghost tickets and claim they were affixed to the vehicle. Or perhaps in the realms of stupidity as another of clarky's boyz who used photo manipulation software to alter the date stamp of a pic in order to "get his man"!
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sarahg1969
post Mon, 1 Oct 2007 - 15:54
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Oh, he's not come back. Shame.
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MartinHP71
post Mon, 1 Oct 2007 - 19:28
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QUOTE (sarahg1969 @ Mon, 1 Oct 2007 - 16:54) *
Oh, he's not come back. Shame.


If only it was permanent that he never came back .. dry.gif
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coolcat
post Mon, 1 Oct 2007 - 20:26
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Hi again,
I take it you guys don't like this clarke_kent guy. tongue.gif
I took the pics but my transfer lead is at work "DOH!!!"
I will put them up when I get home from work tomorrow.
Thanks again.
Coolcat
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legaladviser
post Tue, 2 Oct 2007 - 00:24
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QUOTE (MartinHP71 @ Mon, 1 Oct 2007 - 20:28) *
QUOTE (sarahg1969 @ Mon, 1 Oct 2007 - 16:54) *
Oh, he's not come back. Shame.


If only it was permanent that he never came back .. dry.gif


Unfortunately the idiot cannot take a hint and be gone for good. He's probably billy no mates, trolling these boards is all he has in his life.

(note to oneself: try to avoid feeding the parking attendant troll)
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coolcat
post Tue, 2 Oct 2007 - 17:42
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Hello Again everyone,
Here's the photos I took last night, I hope they will be ok and that someone will be able to advise me what to do next.


WHERE I PARKED




FRONT OF BAY



REAR OF BAY




WORDS ON POST BY PARKING BAY



TICKET MACHINE



WORDS ON TICKET MACHINE




OTHER WORDS ON TICKET MACHINE




MAP OF ROAD




I hope these pictures can help you and I thank you all in advance for any help and advice you can give me.
Thanks
Coolcat
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DW190
post Tue, 2 Oct 2007 - 17:56
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Correct me if I'm wrong but looking at where you are parked (some way from the machine) and the position of the ticket machine (must be to the rear of where you are parked if on the same road. The sign "Pay at Machine" appears to have the arrow pointing the wrong way, or is on the opposite side of the road.

If I'm right and the arrows are pointing in the wrong direction this would be good enough reason to be walking away from the P&D machine then returning in the 2 minutes.

This post has been edited by DW190: Tue, 2 Oct 2007 - 18:02


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coolcat
post Tue, 2 Oct 2007 - 18:49
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There is a machine at both ends of the road but the one at the end where the arrow is pointing had some sort of hood thing over it as it wasn't working.
When I went back to take the photo's it had obviously been fixed as the hood was gone so I just took the photo of the machine I would had to have used.
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DW190
post Tue, 2 Oct 2007 - 20:50
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QUOTE (coolcat @ Tue, 2 Oct 2007 - 19:49) *
There is a machine at both ends of the road but the one at the end where the arrow is pointing had some sort of hood thing over it as it wasn't working.
When I went back to take the photo's it had obviously been fixed as the hood was gone so I just took the photo of the machine I would had to have used.


In that case I would appeal on the basis that you went one (in the direction of the arrow) to pay and the machine wasn't working. You then had to go to the other end of the street to buy a P&D ticket. On your return the PCN had been issued.

As much as the PA may say you went shopping, two minutes to buy a ticket when a machine is OoO is certainly not excessive.

I am confident that the Authority would not contest once reps were at the Adjudicator stage. Oh and they may cock up with the NtO or NoR. They may even capitulate in the early stages.


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coolcat
post Tue, 2 Oct 2007 - 22:03
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QUOTE (legaladviser @ Mon, 1 Oct 2007 - 11:04) *
The PCN appears invalid. The use of "within" for payment time adds an extra day to the dstatutory formula (Al's Bar is authority). Compliance has to be strict after Moses, prejudice is irrelevant.

Also does the dotted line on the rear indicate a tear off slip. If so this iws not part of the PCN and therefore the mandatory wording abour issue of NTO does not appear on the PCN.


Yes the dotted line is a tear off strip that you send with the payment.
Should I write to them now and tell them that their ticket is non compliant or do I wait for the notice to owner.
Thanks again everyone for your advice so far.
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legaladviser
post Tue, 2 Oct 2007 - 22:28
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QUOTE (coolcat @ Tue, 2 Oct 2007 - 23:03) *
QUOTE (legaladviser @ Mon, 1 Oct 2007 - 11:04) *
The PCN appears invalid. The use of "within" for payment time adds an extra day to the dstatutory formula (Al's Bar is authority). Compliance has to be strict after Moses, prejudice is irrelevant.

Also does the dotted line on the rear indicate a tear off slip. If so this iws not part of the PCN and therefore the mandatory wording abour issue of NTO does not appear on the PCN.


Yes the dotted line is a tear off strip that you send with the payment.
Should I write to them now and tell them that their ticket is non compliant or do I wait for the notice to owner.
Thanks again everyone for your advice so far.

To be honest there is nothing to be gained from telling them now. They will invariably reject informal appeals (and formal). You have a good case for an adjudicator. With any luck the NTO will bring more errors.
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jdfi
post Thu, 4 Oct 2007 - 13:04
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Also, theres little point in explicitly telling them that their docs are non-compliant. The last thing we need is every authority issuing documents that are 100% compliant!


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Everyone on this forum (even those who may be professionally qualified as something) give advice that is their laymans' opinion. This is given without liability. Everyone will assume you are telling the truth, the whole truth, and nothing but the truth, and try to assist you if they can. Photos of signs/the area and scans of documents can help. Never throw anything away even if trivial! Tell all your friends about PePiPoo please!
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