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Parking meter not working and covered
theamazingal
post Sun, 12 Aug 2018 - 17:06
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Below is my appeal to Northampton County Council.
On 2/6/2018 I parked my van in Midsummer Meadow Car Park to attend the nearby Beer Festival. I went to the closest parking meter with my £1 coin but the machine was covered (see picture). There was no sign on the cover, machine or nearby post to advise of alternative arrangements. So I put the £1 back in my pocket and attended the event. On returning to the van I found PCN number NP91612629 by Civil Enforcement Officer NP207 lodged on my windscreen between 20:37 and 20:33pm.
I would suggest that any equipment deployed to control payment for parking should be in operation or motorists told of alternative means to comply with any requirements for payment at the point of sale (ie the machine).

To then ticket my van without provision of an alternative is unfair. Both statutory and POPLA authorities that would deal with this as unfairness should I pursue this matter further.

I’m surprised that this was not taken into consideration by NP207 when he entered the pay and display area. Common sense would suggest that nobody would evade paying a £1 parking fee. They would only not do it if it was made impossible to do so by a covered machine.

There were many others wandering around the carpark looking confused about their tickets. With the carpark fee being £1 obviously everyone had tried to pay. Why was this machine not working? Why was there no sign? One hopes this was not designed as a money making exercise on a day when the carpark was being heavily used by Beer Festival visitors.

This is the Council's reply:
see attachment below.

These are the key points:
There were no signs to an alternative parking meter
No other means of payment except by cash
No description of the location of an alternative machine
No visibility of another machine
The carpark was in an out-of-town location, so not possible to go to another carpark
We rang the number specified and no-one answered

I need help to formulate a reply to the Council that there are valid mitigating circumstances that makes it unjust to fine me.






Attached File(s)
Attached File  1899AEAE6F0AA.PDF ( 333.6K ) Number of downloads: 74
Attached File  1899AEAE6F0AA.PDF ( 333.6K ) Number of downloads: 74
 
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post Sun, 12 Aug 2018 - 17:06
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stamfordman
post Sun, 12 Aug 2018 - 17:54
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Post PCN and pics. Any council ones? use a site such as Imgur and post BBCode links.

They claim there was a working meter - you couldn't see one:

"The photographic evidence taken at the time the Penalty Charge Notice was issued shows that the machine nearest the road was in full working order."

They say there was a phone number to call - but you did call it you say.

They fetter their discretion:

"I am sorry that I am unable to offer you a more favourable outcome..."

I can see the two machines - they are a long way apart and they don't have flags to show where they are:

https://www.google.com/maps/@52.2329628,-0....3312!8i6656

https://www.google.com/maps/@52.2330615,-0....3312!8i6656

This post has been edited by stamfordman: Sun, 12 Aug 2018 - 18:41
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Mad Mick V
post Sun, 12 Aug 2018 - 20:58
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Here's the Order:-
https://tro.trafficpenaltytribunal.gov.uk/T...shire/NN223.pdf

cp8759 will no doubt comment on the phone surcharge which they have helpfully costed.

The Order does not seem to offer guidance on broken machines.

I don't think that they can specify that the penalty charge has to be paid to someone else Art 8(3) even if an agency agreement has been arranged.

Mick

This post has been edited by Mad Mick V: Sun, 12 Aug 2018 - 21:00
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hcandersen
post Mon, 13 Aug 2018 - 07:33
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OP, you’ve omitted the key info which, as posted by stamfordman, is the photo(s) of the working machine.

Given your argument and their counter-evidence it’s surprising that this has not been posted.

Let’s see it.

And pl don’t dance around the issue, if you acknowledge that there was another machine then we need to know. And why you didn’t use it. You weaken your argument more by not addressing this issue than dealing with it.

And as the discount period expired long ago, I have to ask: are you the registered keeper of the vehicle; have you received a NTO and if so what action have you taken; and what is the current amount owing on the council’s website?
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cp8759
post Tue, 14 Aug 2018 - 01:22
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Well obviously the phone surcharge can be used, but we really need to see the council photos.


--------------------
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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theamazingal
post Tue, 14 Aug 2018 - 17:04
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Thanks everyone for your comments. I have down loaded the PCN and Pics from the Council and mine showing the meter (with the cover over it) and then another taken some days later showing the distance to the other meter, which does not have any signage above it to show it is there, made all the more conspicuous on the night in question obscured by other vehicles.
To Stamfordman the meter I attempted to use was the one nearest the entrance/exit, had I known there was another meter in the car park I would have certainly used it, after all £1 for the evening parking (from 5 - 11pm) was a bargain. As this was Music/beer festival second year, after ringing the councils number on the parking notice board, and got no relpy, I also foolishly thought at the time the cover over the payment machine (as it had no writing on it to say that it was not working) was some sort of way the council was supporting this event.
To hcandersen, yes I am the keeper of the vehicle, and have received an NTO, but have not written anything in the Evidence details section yet, pending every ones thoughts on what I should write? The fine is at £50 on the website, and I have 28 days from 25/07/2018.

Attached File(s)
Attached File  Photos_of_parking_meter_and_PCN.zip ( 1.21MB ) Number of downloads: 61
 
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stamfordman
post Tue, 14 Aug 2018 - 17:21
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You need to put the pics on a pic site. Imgur is good - upload them, go to images, select one and copy and paste the BBCode link here.
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theamazingal
post Tue, 14 Aug 2018 - 17:31
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Noticed not all got downloaded, I'm going to need help to load the missing attachments, so I'm going to ring a friend to assist and get them up asap
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theamazingal
post Wed, 15 Aug 2018 - 16:36
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Being a newbie, it looks like I have used 1.86MB of 1.95MB attachment space, I don't know how to proceed from here to upload more photos?
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cp8759
post Thu, 16 Aug 2018 - 19:27
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QUOTE (theamazingal @ Wed, 15 Aug 2018 - 17:36) *
Being a newbie, it looks like I have used 1.86MB of 1.95MB attachment space, I don't know how to proceed from here to upload more photos?

Upload them to imgur.com and post a link on here.


--------------------
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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hcandersen
post Thu, 16 Aug 2018 - 21:56
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OP, and the date of the NTO is?

Pl post this most important of docs now, all pages and leave in all data except your personal info.

For all I know you’re outside the period for making reps.
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