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PCN Code 06 where pay and display machine was covered. Leicester
leicester-driver
post Tue, 10 Oct 2017 - 11:19
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Hi everyone. I think I've received an unfair PCN and wanted to get people's thoughts. This is now at the NtO stage, which I want to challenge.

I received a PCN for code 06, being "Parked without clearly displaying a valid pay and display ticket or voucher".

I hadn't purchased a ticket and the circumstances were as follows:

I could not purchase a ticket as the nearest machine was covered.
I tried to purchase a ticket from the other machine on the same street but this displayed a "NOT IN USE" message.

I challenged the initial PCN, stating the above, but parking services declined to cancel the PCN. I now have a Notice to Owner, which I want to challenge.

PCN





Leicester City Council Parking Services evidence



My evidence:





Letter from Parking Services, declining to cancel the PCN:

Dear (my name)

Rejection of Objection - Part 6 of the Traffic Management Act 2004 – Penalty Charge Notice No. (notice number)

Thank you for contacting us.

We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice (PCN). Our decision is based on our policies and on Part 6 of the Traffic Management Act 2004 and other relevant legislation.

You were issued a PCN for not having a Pay and Display ticket that was both valid and clearly displayed. Even if you have a Pay and Display ticket, you have to display it so that a Civil Enforcement Officer (CEO) can see all its details.

You are not allowed to park without a Pay and Display ticket. If a ticket machine is faulty, you must use another machine.

We have made checks but have found no faults with the ticket machines where you parked.

All the pay and display machines clearly state that in the event of a machine failure you must use another machine or report the fault to the Enforcement Team on 0116 2995063. No reports were made of machines not working on the streets you mentioned. Test tokens were printed off.

To find out more information about a Penalty Charge Notice from PATROL follow the link: https://www.patrol-uk.info/faq-parking/

The enclosed photos help to show why your PCN was issued.

You have these choices:
• You can pay the discount charge of £25.00 if your payment reaches us within 14 days of the date of this letter.
• You can pay £50.00 within 28 days of the date your PCN was issued.
• You can formally challenge your PCN by using a Notice to Owner form. The vehicle's owner will automatically receive the form if the PCN has not been paid within 28 days of being issued. The form offers you the chance to formally challenge your PCN or pay the full £50.00. If you decide to formally challenge your PCN, please do not write to us again but wait until the Notice to Owner form arrives.

How to pay
• online at www.leicester.gov.uk/payments. Follow the links from online payments. If you do not have a way to get online you can use the free computers at any city library.

• in person use the self-service payment machines (cash, debit or credit cards) at:
• Pork Pie Library and community centre, Southfields Drive LE2 6QS
• Customer Service Centre, 91 Granby Street LE1 6FB

• by telephone credit/debit card payments only. Automated payment line 0116 454 1012 (24 hours a day, 7 days a week).Have penalty charge notice number and vehicle registration number ready and state parking fine.

Please note all correspondence or enquiries with the Council must be in writing.

Yours sincerely,

Parking Services
Planning, Development and Transportation


There are other pieces of information, which may or may not be relevant, but I'll keep it to the basic facts for now as I don't want things to get convoluted.

Thanks in advance

This post has been edited by leicester-driver: Tue, 10 Oct 2017 - 11:36
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post Tue, 10 Oct 2017 - 11:19
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Mad Mick V
post Tue, 10 Oct 2017 - 11:31
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OP--there appear to be two ticket machines in that street. I hope you took a photo of each.

Template rejection from the Council --useless ejits.

No requirement to pay by phone so go with this one:-

Case Reference: 2100346960

Direction: cancel the Penalty Charge Notice and the Notice to Owner.

Reasons:
A contravention occurs if a vehicle is parked in an on-street pay and display bay during controlled hours, without clearly displaying a valid pay and display voucher.

There is no dispute that Mr Prendi's vehicle was at this location in Linden Gardens or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.

Mr Prendi says that he went to the pay and display machine but it was not working out of order and so he went to look for another machine but there was no other one near. Mr Prendi adds that the next one is over a mile away.

Mr Prendi says that he left a note to this effect in the vehicle. The civil enforcement officer has not recorded details of any note but the images appear to confirm one may have been there.

The Enforcement Authority do not appear to dispute that the pay and display was not working and have produced no maintenance records in this regard. The Enforcement Authority do refer to the signage on the machine, advising the motorist that if 'not working use another machine'.

Whether there is another machine within a reasonable distance will depend on the circumstances and each case will turn on its own facts. However, the Enforcement Authority cannot expect motorists to tramp the streets of their borough trying to find a machine in working order. Going too far away from the parking place may indeed involving entering a different parking zone where, restrictions and charges could differ.

Considering carefully all the evidence before me, I cannot find as a fact that, on this particular occasion, a contravention did occur.

Accordingly, this appeal must be allowed.

Mick
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PASTMYBEST
post Tue, 10 Oct 2017 - 11:33
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QUOTE
All the pay and display machines clearly state that in the event of a machine failure you must use another machine or report the fault to the Enforcement Team on 0116 2995063. No reports were made of machines not working on the streets you mentioned. Test tokens were printed off.


This sentence ,IMO is one that an adjudicator will pick up on. The machine does not give you any instruction it is covered with a black bag. You could assume that payment was not required, but in reality the means to make payment were denied
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leicester-driver
post Tue, 10 Oct 2017 - 11:53
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QUOTE (Mad Mick V @ Tue, 10 Oct 2017 - 12:31) *
OP--there appear to be two ticket machines in that street. I hope you took a photo of each.


Thanks Mick. I do have a photo of the other non working machine, but I wasn't sure how relevant it was as the nearest machine, which was covered, did not have a note on stating I needed to use another machine.

For what it's worth, this machine is still covered to this day, over 2 months later, and I see cars parked in this bay regularly ticketed. Is there a defence that the machines are not properly maintained? I want to come at this from multiple angles. Also, there are two other parking restriction signs on the street, one of which has been painted over and has been like this for over a year (confirmed by checking Google street view from October 2016)

QUOTE (PASTMYBEST @ Tue, 10 Oct 2017 - 12:33) *
QUOTE
All the pay and display machines clearly state that in the event of a machine failure you must use another machine or report the fault to the Enforcement Team on 0116 2995063. No reports were made of machines not working on the streets you mentioned. Test tokens were printed off.


This sentence ,IMO is one that an adjudicator will pick up on. The machine does not give you any instruction it is covered with a black bag. You could assume that payment was not required, but in reality the means to make payment were denied



The rejection letter also states "We have made checks but have found no faults with the ticket machines where you parked."

This is clearly not true. One machine has been covered for 2 months, at least. Will the adjudicator consider this? Does the council have the right to lie, outright?!
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DancingDad
post Tue, 10 Oct 2017 - 13:14
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Interesting to see how they will explain test tokens and machines working when you have photos of at least one with a sealed bag over it.
And if you have photos of the Out of Order on the other machine, cannot see how you could lose.
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Mad Mick V
post Tue, 10 Oct 2017 - 13:21
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"We have made checks but have found no faults with the ticket machines where you parked." --obviously incorrect and possibly taken from CEO logs which default to a no faults reported situation.

Let me explain the process----the CEO is supposed to check all ticket machines as he/she comes on duty to determine that they are working and the time on the m/c corresponds to that on his/hers hand held computer. If they can't do that they should report the fault and in an ideal world not issue PCNs. They may have reported the faulty machines some time ago but why do it every shift if they have been kaput for so long. So they don't and there is a central assumption that no faults reported today means everything is hunky dory and you get a Catch 22 situation.

Now the next thing to check is what the parking places order says and you might be able to hunt out the right one on this site:-

https://tro.trafficpenaltytribunal.gov.uk

If the order says you must use a ticket machine or move on that would complicate matters. If it says you must seek another m/c it is asking you to take all reasonable steps to make payment. In the latter case you did take all reasonable steps and found the alternative m/c was out of order. So paraphrasing the Prendi case ---why should you tramp the streets when the Council has failed in its duty to provide adequate payment facilities and/or maintain the ones next to the parking place?

Mick
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hcandersen
post Tue, 10 Oct 2017 - 13:24
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OP, what we need are the photos referred to by the authority in their letter.

There is NOT another machine relevant to this location because:
a. there is no such reference within the traffic sign;
b. if the m/c was covered and none of its instructions could be read, then what these might or might not have stated is irrelevant;
c. other than specifically directed by the signs, including a m/c, a motorist is not required to use a m/c which is not situated in the parking place. And there isn't another one, it's in a different parking place. Traipsing or being in close proximity notwithstanding, your duty ends at the only m/c in the parking place. In this case IMO the authority would be denied the right to rely on the argument 'if the m/c isn't working you cannot park' because IMO as there's only one m/c in the parking place then when it was covered then so to should the traffic sign because it only conveys a P&D restriction.
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leicester-driver
post Tue, 10 Oct 2017 - 13:37
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QUOTE (hcandersen @ Tue, 10 Oct 2017 - 14:24) *
OP, what we need are the photos referred to by the authority in their letter.


Thanks for your reply. The photos referred to by the authority in their letter are the ones I posted in my original post under "Leicester City Council Parking Services evidence"
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leicester-driver
post Tue, 10 Oct 2017 - 13:49
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QUOTE (Mad Mick V @ Tue, 10 Oct 2017 - 14:21) *
Now the next thing to check is what the parking places order says and you might be able to hunt out the right one on this site:-

https://tro.trafficpenaltytribunal.gov.uk

If the order says you must use a ticket machine or move on that would complicate matters. If it says you must seek another m/c it is asking you to take all reasonable steps to make payment. In the latter case you did take all reasonable steps and found the alternative m/c was out of order. So paraphrasing the Prendi case ---why should you tramp the streets when the Council has failed in its duty to provide adequate payment facilities and/or maintain the ones next to the parking place?

Mick


I can't seem to find an on street "parking places order" amongst the documents listed and can't find any information relating to what you've posted in other possibly relevant documents that the website lists.
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hcandersen
post Tue, 10 Oct 2017 - 16:58
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So none of the authority's photos included one of the m/c?

The date you took your photos?

A copy of your challenge pl, not a precis but the real thing pl.
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leicester-driver
post Tue, 10 Oct 2017 - 18:05
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QUOTE (hcandersen @ Tue, 10 Oct 2017 - 17:58) *
So none of the authority's photos included one of the m/c?

The date you took your photos?

A copy of your challenge pl, not a precis but the real thing pl.


The authority's photos do not include one of the machine, even though the sign is right next to it, as shown in my photo. I'd say their photo is intentionally misleading.

I took my photos on the morning which I received the PCN (29/07/2017).

I don't have the exact wording of my challenge but it was pretty much what I stated in my first post:

I could not purchase a ticket as the nearest machine was covered.
I tried to purchase a ticket from the other machine on the same street but this displayed a "NOT IN USE" message.
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leicester-driver
post Wed, 11 Oct 2017 - 08:41
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Just want to run my challenge to the NtO past people:

I tried to pay at the machine in the parking place, but as the machine was covered, I was unable to do so.

The authority stated the following when they declined to cancel the PCN:
"All the pay and display machines clearly state that in the event of a machine failure you must use another machine or report the fault to the Enforcement Team on 0116 2995063. No reports were made of machines not working on the streets you mentioned. Test tokens were printed off."

However, there is no information visible on the machine or traffic sign to indicate that payment should be made at another machine, as my photographic evidence shows.
Also, the authority has not provided maintenance records for this machine, test tokens, or any other evidence to show that this machine was working.

The authority claims that the machine had not been reported as faulty, however the CEO should have reported the machine as faulty when they issued the PCN.

In my informal challenge to the PCN I reported the machine as faulty, but the machine remains covered to this day (October 11 2017), so it seems the authority do not intend to maintain this machine. If this is their intention then they should provide adequate information on the non working machine or cover the parking restriction signage to avoid confusion.

The authority has failed in its duty to provide adequate payment facilities and/or maintain the ones next to the parking place.


I take it the grounds for challenging should be "The alleged contravention did not occur" and/or "The Order which is alleged to have been contravened in relation to the vehicle concerned is invalid"

Also, do I need to refer to the Prendi case, for example? And can I include my photographs with my reply (I will be emailing my challenge)?



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DancingDad
post Wed, 11 Oct 2017 - 08:58
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Why haven't you mentioned the second machine?

I looked and saw another nearby machine and tried to make payment at that one. It was showing Out of Order so I could not. Photo attached.
I could not see any other machines or means of making payment.
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leicester-driver
post Wed, 11 Oct 2017 - 09:11
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QUOTE (DancingDad @ Wed, 11 Oct 2017 - 09:58) *
Why haven't you mentioned the second machine?



Partly because I don't know how these machines work and I'm worried I can be tripped up somehow, whereas with the covered machine defence, there is no question that the machine cannot be used and does not display the information which the authority claims. If a machine displays "NOT IN USE", can the machine self correct or does an engineer need to come out to fix? If the machine can restart itself after a fault is detected, for example, and this corrects the problem, it could be more difficult to prove there was an issue, even with my photo.

Secondly, the other machine does state that if the machine isn't working, use another machine. And if I'd have walked round looking for one, I probably could have found a working machine. Having said that, these machines produce tickets with the street name printed on them, so is a ticket from another machine, with the wrong street name on, even valid? I don't know.

So I'm concerned that I could be making things more difficult for myself by mentioning other machines.
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leicester-driver
post Wed, 11 Oct 2017 - 17:15
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Does anybody have any further thoughts before I send my challenge? Thanks
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leicester-driver
post Thu, 12 Oct 2017 - 08:10
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Good to go then?
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hcandersen
post Thu, 12 Oct 2017 - 08:34
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'...that payment should be made at another machine without which it would be impossible for a driver to know whether they were paying the correct tariff'. In the event I did go to the next nearest machine which was situated in a different parking place in the road but the issue of correct tariffs did not arise because that one wasn't working either.'

Would cover DD's point and reinforce the issue of machines in parking places.
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leicester-driver
post Thu, 12 Oct 2017 - 09:17
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That's a good point. Thank you.
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DancingDad
post Thu, 12 Oct 2017 - 10:28
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QUOTE (hcandersen @ Thu, 12 Oct 2017 - 09:34) *
'...that payment should be made at another machine without which it would be impossible for a driver to know whether they were paying the correct tariff'. In the event I did go to the next nearest machine which was situated in a different parking place in the road but the issue of correct tariffs did not arise because that one wasn't working either.'

Would cover DD's point and reinforce the issue of machines in parking places.


I like that.

IMO important as it shows you made an effort that was again frustrated by an out of order machine.
Not just saw the hood on one machine and thought "sod it"

Council may not appreciate but an adjudicator will.
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leicester-driver
post Thu, 12 Oct 2017 - 11:00
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Thanks all. How about this:

I tried to pay at the machine in the parking place, but as the machine was covered, I was unable to do so. Photographic evidence included.

I sought another machine but was again frustrated by machines either displaying a “NOT IN USE” message or showing nothing on their display (not turned on). Photographic evidence included.

The authority stated the following when they declined to cancel the PCN:
"All the pay and display machines clearly state that in the event of a machine failure you must use another machine or report the fault to the Enforcement Team on 0116 2995063. No reports were made of machines not working on the streets you mentioned. Test tokens were printed off."

However, there is no such information visible on the machine or traffic sign in the parking place, as my photographic evidence shows. Futhermore, as there was no information to indicate the tariff, it would be impossible for a driver to know whether they were paying the correct tariff at another machine.

The authority claims that the machine in the parking place had not been reported as faulty, however the CEO should have reported the machine as faulty when they issued the PCN and in my informal challenge to the PCN, I reported the machine as faulty. Despite this, the machine remains covered to this day (October 12 2017). Also, the authority has not provided maintenance records for this machine, test tokens, or any other evidence to show that the machine in the parking place was working at the time of the alleged contravention.

It seems the authority do not intend to maintain the machine in the parking place. If this is their intention then they should provide adequate information on the non working machine or cover the parking restriction signage to avoid driver confusion.

The authority has failed in its duty to provide adequate information and payment facilities at the parking place.

This post has been edited by leicester-driver: Thu, 12 Oct 2017 - 11:02
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