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Punished by unexpected change of signage
TripleB
post Fri, 23 Aug 2019 - 10:17
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Hi,

Hoping for advice/opinions after my wife received a parking fine for parking in a spot she has used for years.

A few points before the response from the council (after initial appeal);
- They agree there was no intent to park illegally, it was an honest mistake as there were plenty of other spaces available but as you can appreciate sometimes you instinctually go to the same spot when it's available.
- The bay itself was not marked (road markings), just signage in the area which you would have to be looking for - ok on another day she may have noticed this, but alas...
- Money was paid in good faith to park there
- Where has common sense gone? Parking restrictions are in place supposedly to make us safer and punish those who knowingly intend to bypass rules/restrictions.

The response from the council;

"The Penalty Charge Notice was issued as the vehicle was parked in an area of the XXX Car Park restricted to the use of XXX permit holders only.

The Civil Enforcement Officer on duty inspected your vehicle, including checking your windscreen, and could not see a valid permit on display. Therefore the Penalty Charge Notice was correctly issued.

You state in your appeal that you were taking your son to his swimming lesson and parked in the bay you had parked in on previous visits, unaware that the restrictions had changed.

Although it is appreciated that parking in this location may have been an honest mistake, I must respectfully point out that parking restrictions and regulations are subject to change and that it is the responsibility of the motorist to ensure they have checked all signage in their chosen parking location prior to leaving the vehicle unattended. Signage placed at each side of the entrance to this section of the car park, and at regular intervals alongside the bays themselves, clearly states 'XXX' Parking Permit Holders Only'. The signage in place conforms to regulation and XXX City Council is therefore satisfied that it clearly conveys the restriction in place.

Whilst I note you purchased and displayed a pay & display ticket in your vehicle, I must advise that whilst pay & display facilities are available for use by leisure centre visitors in some sections of the car park, the section in which you parked your vehicle consists of bays designated solely for use by permit holders, and your pay & display ticket was therefore not valid in this location.

All restrictions must be adhered to in order to comply with the terms and conditions of the car park and as such, due to the reasons stated above, I regret that I am unable to uphold your appeal on this occasion."

Appreciate any responses.
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post Fri, 23 Aug 2019 - 10:17
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stamfordman
post Fri, 23 Aug 2019 - 10:30
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"I regret that I am unable'

fettered discretion.

Post the PCN and the orginal letter. and your challenge

Put pics on https://imgbb.com or such like.

Sadly councils just want your money and this may well have been correctly served but they can't say they are unable to cancel.

This post has been edited by stamfordman: Fri, 23 Aug 2019 - 10:34
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hcandersen
post Fri, 23 Aug 2019 - 15:47
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IMO, no.

The 'unable to' is the final conclusion of a detailed response indicating correspondingly detailed consideration, it is not a throw-away comment betraying some fundamental failure. It is IMO wholly acceptable based on what you submitted.

Can we have the letter itself and, as you use the site regularly, photos of the noticeboard setting out the Ts and Cs of use. I won a similar case against Worthing BC last year because although there were internal signs stating 'permit holders only' these were area and not bay-based and fundamentally there was no reference to permit areas or their use and misuse in the Ts and Cs

This post has been edited by hcandersen: Fri, 23 Aug 2019 - 15:47
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cp8759
post Sun, 25 Aug 2019 - 11:31
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You need to show us all the paperwork, use an external site like imgur.com or imgbb.com to host the pictures. We need the PCN (both sides), copies of your representations, and their response in full (all sides of all pages), redact name & address only. Also give us a link to the location on google street view.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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