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Penalty Charge Notice in free ticketed car park, Didn't see signage
kasper6000
post Mon, 27 Jul 2020 - 05:36
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Hi,

I recently parked in a council car park which was free for parking, but required obtaining a (free of charge) ticket from the machine. There is one sign at the entrance detailing that a ticket must be obtained, and stating maximum duration of parking is 3 hours. However we did not see this sign, and parked in a car park bay next to another sign which said only, "It is an offence to park other than in authorised bays" but made no mention of need to obtain a ticket.

My plan for appeal is on the grounds that I did not park for more than 3 hours, and believe the signage to be inadequate, can anyone offer any advice for how I can get this overturned?

https://photos.app.goo.gl/xsL2qcC729wLWLG4A
https://photos.app.goo.gl/Xri46ABUQBmspwCLA

Many thanks
Driver
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post Mon, 27 Jul 2020 - 05:36
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stamfordman
post Mon, 27 Jul 2020 - 08:11
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So you saw no other signs or a machine? How could you miss a sign at the entrance? What is this sign?

Post the PCN. What car park is this.

You can ask for discretion but councils are often not forgiving of such contraventions.

This post has been edited by stamfordman: Mon, 27 Jul 2020 - 08:11
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PASTMYBEST
post Mon, 27 Jul 2020 - 08:18
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Not seeing the sign is not the same as there being inadequate signage and i count at least 4 T&C boards

https://www.google.co.uk/maps/@51.3642135,-...6384!8i8192


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cp8759
post Mon, 27 Jul 2020 - 09:30
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Let's see the PCN, we don't even know the allegation right now.


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kasper6000
post Tue, 28 Jul 2020 - 03:38
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QUOTE (stamfordman @ Mon, 27 Jul 2020 - 09:11) *
So you saw no other signs or a machine? How could you miss a sign at the entrance? What is this sign?

Post the PCN. What car park is this.

You can ask for discretion but councils are often not forgiving of such contraventions.


No I didn't. If I had I would have been happy to grab a free ticket

QUOTE (kasper6000 @ Tue, 28 Jul 2020 - 04:35) *
QUOTE (stamfordman @ Mon, 27 Jul 2020 - 09:11) *
So you saw no other signs or a machine? How could you miss a sign at the entrance? What is this sign?

Post the PCN. What car park is this.

You can ask for discretion but councils are often not forgiving of such contraventions.


No I didn't. If I had I would have been happy to grab a free ticket



PCN here https://photos.app.goo.gl/vr5UYagynucFysMw6

QUOTE (PASTMYBEST @ Mon, 27 Jul 2020 - 09:18) *
Not seeing the sign is not the same as there being inadequate signage and i count at least 4 T&C boards

https://www.google.co.uk/maps/@51.3642135,-...6384!8i8192

These photos are old. If there was a sign in each of the locations as per Google maps then I would have had no problem seeing the signage

QUOTE (cp8759 @ Mon, 27 Jul 2020 - 10:30) *
Let's see the PCN, we don't even know the allegation right now.

https://photos.app.goo.gl/vr5UYagynucFysMw6
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cp8759
post Tue, 28 Jul 2020 - 12:58
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QUOTE (kasper6000 @ Tue, 28 Jul 2020 - 04:38) *
These photos are old. If there was a sign in each of the locations as per Google maps then I would have had no problem seeing the signage

Well let's start with the basics, go to Croydon's website and get the CEO's photos so we can take a look.


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kasper6000
post Wed, 29 Jul 2020 - 03:15
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QUOTE (cp8759 @ Tue, 28 Jul 2020 - 13:58) *
QUOTE (kasper6000 @ Tue, 28 Jul 2020 - 04:38) *
These photos are old. If there was a sign in each of the locations as per Google maps then I would have had no problem seeing the signage

Well let's start with the basics, go to Croydon's website and get the CEO's photos so we can take a look.



Sorry, I don't understand what you're asking me. What photos do I need to get from Croydon Council?

CEO as is Civil Enforcement officer? I can't see any photos in the parking section of the council's website, however here is a page that talk's about Croydon Council CEOs: https://www.croydon.gov.uk/transportandstre...parking/newlaws

QUOTE (cp8759 @ Tue, 28 Jul 2020 - 13:58) *
QUOTE (kasper6000 @ Tue, 28 Jul 2020 - 04:38) *
These photos are old. If there was a sign in each of the locations as per Google maps then I would have had no problem seeing the signage

Well let's start with the basics, go to Croydon's website and get the CEO's photos so we can take a look.


Sorry, I don't understand what you're asking me. What photos do I need to get from Croydon Council?

CEO as is Civil Enforcement officer? I can't see any photos in the parking section of the council's website, however here is a page that talk's about Croydon Council CEOs: https://www.croydon.gov.uk/transportandstre...parking/newlaws
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hcandersen
post Wed, 29 Jul 2020 - 07:29
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OP, you need to ask yourself: what actions did I take to establish the conditions of use before I left the car park?

If you just parked and walked off, possibly to the park but not via the entrance, then do not take this to adjudication. Just as the council are expected to place signs you, the driver, are expected to take reasonable steps to establish the Ts and Cs of use.

As regards your challenge, if you took reasonable steps to establish the Ts and Cs - your opening post suggests you did not and have simply referred to signs you found after the event - then say so. Otherwise IMO it's a terribly sorry etc. challenge within the discount period which ends on 10 Aug.

Looking forward:
Are you the registered keeper and are these details up to date at DVLA?
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cp8759
post Wed, 29 Jul 2020 - 11:56
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QUOTE (kasper6000 @ Wed, 29 Jul 2020 - 04:15) *
Sorry, I don't understand what you're asking me. What photos do I need to get from Croydon Council?

The photos taken at the time by the enforcement officer, try these two sites:

https://ocmlive.xrxpsc.com/Croydon/OCM-FE/OCM/

https://viewmypcn.co.uk/view.aspx


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kasper6000
post Thu, 6 Aug 2020 - 06:11
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my appeal, any guidance/adivce/tips would be appreciated: https://www.dropbox.com/s/la2ax10avphp3f9/P...eal_1.docx?dl=0
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hcandersen
post Thu, 6 Aug 2020 - 07:59
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Not my style.

On *** I parked in the car park (which I was using for the first time (only if true)). I parked at the parking place marked ** on the attached plan.

When I parked I looked around for signs and saw one immediately adjacent to my car which said *******. I did not see any Have You Paid and Displayed signs and therefore assumed, apparently wrongly, that it was possible to park without payment as long as this was within a marked bay. As you know, it's possible to exit the car park at any point on its perimeter and I exited at ****** without seeing any further indication as to a requirement to display a free parking ticket.

I apologise and this won't happen again etc...


Remember, the addquacy or otherwise of signs is in the context of YOUR actions, so tell them what you did and why, don't lecture them.
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cp8759
post Tue, 11 Aug 2020 - 15:06
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We have no idea what evidence the council has of any contravention as you've not obtained the photos, so looking at your draft would not be very helpful to you to be honest.


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