Leeds City Council parking charge, penalty notice |
Leeds City Council parking charge, penalty notice |
Wed, 22 Aug 2012 - 18:11
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#1
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Member Group: Members Posts: 57 Joined: 29 May 2010 From: Leeds, UK Member No.: 37,878 |
Hi all.
This is a funny one, and I imagine that LCC will stick to their guns and not budge, but I was wondering if anyone had any ideas of how to contest a parking charge I received the other day. The issue I have is that the pricing structure is illogical, unclear and unfair. I parked in a LCC "pay and display" car park (off road) at 1712 hours and paid £2, since the tariff stated £1.70 was the price for "up to 1 hour". Fair enough, you would think, I have paid until 1812. At 1730, however, a £2 "evening tariff" comes into force (I didn't notice this sign as it's a piece of paper attached above the machine I used to pay). When I returned to my car at 1812 I had been given a parking penalty charge for "parking after the expiry of paid for time", despite my stay being only 1 hour. The charge notice, incidentally, was timed at 1806 (clearly they come round immediately after 1800, for the reasons I shall now explain). Having returned to the site, I've noted that beneath the "evening tariff" price list is a notice stating that if your stay spans 1730, you must pay each element of your parking stay separately. In other words, I think I was supposed to pay £3.70 if I wished to stay beyond 1730. Completely stupid in my view. The cost of "spanning" the 1730 cut-off point is higher than the day-time rate! Unfortunately, because I was in a rush, I didn't notice that the time on the ticket I bought had stated a 1742 expiry time. The illogical nature of this pricing structure is illustrated best by considering the following examples: 1) a stay from 17:29 - 17:31 (2 minutes) = £3.70; 2) a stay from 17:30 - 22:00 (4 hours 30 minutes) = £2. Can anyone help please? Thanks. Link to the price list for Leeds City Council (top line "Markets" is where I received the ticket)... http://www.leeds.gov.uk/docs/2.%20Car%20pa...202011%20v2.pdf This post has been edited by MD1992: Wed, 29 Aug 2012 - 14:31 |
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Wed, 22 Aug 2012 - 18:11
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Wed, 22 Aug 2012 - 18:13
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#2
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Member Group: Members Posts: 1,905 Joined: 11 Jul 2010 Member No.: 38,904 |
Scan (or photograph) and post up ALL sides of the Ticket (and/or any other paperwork received)
- edit out your personal details and your car reg. and the Ticket number (from the SCANNED version ONLY - do NOT amend anything on the original hard-copy PCN or other original paperwork!) before uploading. |
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Wed, 22 Aug 2012 - 21:04
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#3
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Member Group: Members Posts: 28,931 Joined: 29 Nov 2005 Member No.: 4,323 |
and pics of the sign(s)
-------------------- Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.
Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader. |
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Wed, 22 Aug 2012 - 21:56
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#4
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
We do need to see your documents, no need for a scanner, close-up photos posted here is fine (see the FAQs, 'How to post pictures').
But we have had several successful cases like this before. I searched the forum for the unusual keyword 'tariff' and found this one for starters: http://forums.pepipoo.com/index.php?showtopic=67071 Different Counil but similar problem. Read it to the end and see the letter the OP sent, which got the daft ticket cancelled. Draft your own version of an appeal and post it here first for comments when you also show us your photos. |
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Thu, 23 Aug 2012 - 06:50
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#5
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Member Group: Life Member Posts: 5,243 Joined: 9 Jul 2004 From: Devon Member No.: 1,388 |
Apart from items requested by others on this site, you need also to bring it to the attention of your local councillor. After all, it is councillors that set up the policies for officers to implement. If the officers have got it wrong - complain. -------------------- Peter
What I'd like to see police/local authorities do is deal with important issues and not these sorts of victimless crimes when society is riddled with problems. If it's true that we are here to help others, then what exactly are the others here for? 'The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.' - Albert Einstein |
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Sun, 26 Aug 2012 - 12:32
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#6
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Member Group: Members Posts: 57 Joined: 29 May 2010 From: Leeds, UK Member No.: 37,878 |
We do need to see your documents, no need for a scanner, close-up photos posted here is fine (see the FAQs, 'How to post pictures'). But we have had several successful cases like this before. I searched the forum for the unusual keyword 'tariff' and found this one for starters: http://forums.pepipoo.com/index.php?showtopic=67071 Different Counil but similar problem. Read it to the end and see the letter the OP sent, which got the daft ticket cancelled. Draft your own version of an appeal and post it here first for comments when you also show us your photos. Thanks for that link. I've read the Swindon case and it does indeed look similar. The parking meters seem incapable of dealing with a change over from day time rates to evening rates! Appeal letter drafted on the basis of the £2 covering 1 hour in accordance with the pre-1730 tariff (£1.70). AND, parking meters not being fit for purpose because they do not print tickets in accordance with the price list - i.e how can £2 equate to half an hour's parking (as printed on the ticket)? I'll keep the forum posted. |
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Sun, 26 Aug 2012 - 22:13
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#7
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Member Group: Members Posts: 9,876 Joined: 20 Mar 2012 Member No.: 53,821 |
Page 2 of the PCN is pants but you do not seem to wish to show it?
-------------------- There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know.
Donald Rumsfeld There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends PATAS, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know. "Hippocrates" |
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Mon, 27 Aug 2012 - 14:13
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#8
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Member Group: Members Posts: 57 Joined: 29 May 2010 From: Leeds, UK Member No.: 37,878 |
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Mon, 27 Aug 2012 - 14:37
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#9
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Member Group: Members Posts: 28,931 Joined: 29 Nov 2005 Member No.: 4,323 |
show the obverse/other side/page 2/ of the PCN
as hip thinks it will be -------------------- Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.
Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader. |
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Mon, 27 Aug 2012 - 16:57
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#10
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Member Group: Members Posts: 35,051 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
According to LCC's 2011 tariffs, there's also a 1/2 hr charge of £1.00. I suspect that the m/c do not give change and this probably accounts for your problem;
£2 bought you 1/2 hr (17.12 - 17.42) for £1, therefore leaving you £1 in credit. As this was insufficient to purchase the evening tariff, your ticket expired at 17.42. Ultimately, the council could fall back on the line that it's the motorist's duty to check the expiry time on their ticket, notwithstanding the inequity of what you've described. We could really do with a view of the tariff etc. board by the m/c you used and the reverse side of your PCN which often contains "get out of jail" defects. HCA |
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Mon, 27 Aug 2012 - 20:54
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#11
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Member Group: Members Posts: 20,914 Joined: 22 Apr 2012 Member No.: 54,455 |
QUOTE I parked in a LCC "pay and display" car park (off road) at 1712 hours and paid £2, since the tariff stated £1.70 was the price for "up to 1 hour". Fair enough, you would think, I have paid until 1812. At 1730, however, a £2 "evening tariff" comes into force (I didn't notice this sign as it's a piece of paper attached above the machine I used to pay). All fairness suggests that motorists parking before 17.30 should get what they pay for at the time they park, and those parking after 17.30 the same. So you could correctly assume you would get one hour for your £2, and no more. Those parking after 17.30 would get much longer. In my view the machine is programmed incorrectly, but only the TMO will give chapter and verse. Even so, if the council reject your appeal you really do need to go to adjudication. How this could be regarded as a fair and simple system is beyond me, and hopefully, an adjudicator. |
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Mon, 27 Aug 2012 - 22:06
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#12
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Member Group: Members Posts: 9,876 Joined: 20 Mar 2012 Member No.: 53,821 |
-------------------- There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know.
Donald Rumsfeld There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends PATAS, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know. "Hippocrates" |
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Mon, 27 Aug 2012 - 22:21
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#13
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Member Group: Members Posts: 57 Joined: 29 May 2010 From: Leeds, UK Member No.: 37,878 |
show the obverse/other side/page 2/ of the PCN as hip thinks it will be OK, will try to post up tomorrow. Think it's just standard printed wording which won't help anyway. According to LCC's 2011 tariffs, there's also a 1/2 hr charge of £1.00. I suspect that the m/c do not give change and this probably accounts for your problem; £2 bought you 1/2 hr (17.12 - 17.42) for £1, therefore leaving you £1 in credit. As this was insufficient to purchase the evening tariff, your ticket expired at 17.42. Ultimately, the council could fall back on the line that it's the motorist's duty to check the expiry time on their ticket, notwithstanding the inequity of what you've described. We could really do with a view of the tariff etc. board by the m/c you used and the reverse side of your PCN which often contains "get out of jail" defects. HCA Can't follow any logic to what you're suggesting there - £1 is half hour price pre-1730. So why not give me the 1 hour price of £1.70 since I gave the machine £2? My ticket should have cut-off at 1730, not 1742, if there are two pricing elements as seems to be the case here. |
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Mon, 27 Aug 2012 - 22:28
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#14
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Member Group: Members Posts: 9,876 Joined: 20 Mar 2012 Member No.: 53,821 |
OK, then. That's the end of my advice on this thread.
-------------------- There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we know we don't know. But there are also unknown unknowns. There are things we don't know we don't know.
Donald Rumsfeld There are known knowns which, had we known, we would never have wished to know. It is known that this also applies to the known unknowns. However, when one attends PATAS, Mr Rumsfeld's idea that there are also unknown unknowns fails to apply because, anyone who is in the know, knows that unknown unknowns are purely a deception otherwise known as an aleatory experience or also known as a lottery. I know that I know this to be a fact and, in this knowledge, I know that I am fully prepared to present my case but, paradoxically, in full knowledge that the unknown unknowns may well apply in view of some adjudicators' lack of knowing what they ought to know. "Hippocrates" |
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Wed, 29 Aug 2012 - 14:33
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#15
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Member Group: Members Posts: 57 Joined: 29 May 2010 From: Leeds, UK Member No.: 37,878 |
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Wed, 29 Aug 2012 - 19:01
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#16
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
This link already posted applies, then. |
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Wed, 29 Aug 2012 - 20:22
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#17
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Member Group: Members Posts: 57 Joined: 29 May 2010 From: Leeds, UK Member No.: 37,878 |
This link already posted applies, then. Meaning, sit tight for now? The case referenced doesn't seem to have been resolved. |
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Wed, 29 Aug 2012 - 22:25
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#18
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Member Group: Members Posts: 18,751 Joined: 20 Sep 2009 Member No.: 32,130 |
The case referenced is one of many and the points are worth including in your formal appeal in due course. A flawed PCN is a flawed PCN, don't dismiss it.
But as long as you have submitted your informal challenge (and included a postal address, if you appealed by email, and got an email receipt?) then wait and see what response you get. |
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Thu, 30 Aug 2012 - 08:16
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#19
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Member Group: Members Posts: 35,051 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
Don't blame messengers for their messages. I only put forward a possible reason for the events, I didn't say I agreed with them.
But, contrary to other advice, I would definitely not take this to adj only on this point: the motorist's duty is to check the expiry time on their ticket, not to assume: it's a mechanical device and could make a range of mistakes. I cannot see an adj allowing an appeal solely on the basis of you forgetting to check the ticket. It is not the purpose of tribunals or courts to interfere in the decisions of councils, however illogical they might appear and therefore their tariff is their tariff. However, if this is not communicated properly on the tariff board, which we've still not seen, then that's another matter. HCA |
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Thu, 30 Aug 2012 - 11:38
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#20
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Member Group: Members Posts: 57 Joined: 29 May 2010 From: Leeds, UK Member No.: 37,878 |
Don't blame messengers for their messages. I only put forward a possible reason for the events, I didn't say I agreed with them. But, contrary to other advice, I would definitely not take this to adj only on this point: the motorist's duty is to check the expiry time on their ticket, not to assume: it's a mechanical device and could make a range of mistakes. I cannot see an adj allowing an appeal solely on the basis of you forgetting to check the ticket. It is not the purpose of tribunals or courts to interfere in the decisions of councils, however illogical they might appear and therefore their tariff is their tariff. However, if this is not communicated properly on the tariff board, which we've still not seen, then that's another matter. HCA OK, I understand your points, although I disagree with the ticket expiring at 1742 - since this is after 1730 the machine has used a daytime tariff beyond the evening cut-off, however not given an hour which would have cost £1.70 at daytime rates. They can't have it both ways. Any indication of the 'get out of jail' defects you allude to? |
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