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PCN off street parking Southport (Sefton Council)
James Grant
post Fri, 8 Jun 2018 - 15:07
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On 29/05/18 I parked in a supermarket Pay & Display car park, bought a parking ticket, put it on the dashboard (they are not sticky tickets) and when I came back within my allotted time I had a PCN on the windscreen. Turns out the ticket had fallen off the dash and was by the gear lever and unreadable by the Parking Attendant so he issued the PCN.

From Google it appears this is called a Flutter Ticket.

This is a Sefton Council monitored car park, I found & spoke to the Parking Officer and he explained he couldn't read the ticket and when I produced the valid ticket he took a photo of it and suggested I appeal the notice. He also took a copy of my supermarket receipt which showed I had been refunded the £1.60 parking fee.

I followed the instruction on the reverse of the PCN and emailed a challenge to Sefton Council Parking Services explaining that it was a hot day and I had left the window open slightly and perhaps the wind had flipped the ticket off the dash.

They took about a week to respond by email:

"I have carefully considered your comments with regard to the penalty charge notice issued to your vehicle. I note you have stated that your ticket had blown off the dashboard as you had left your windows slightly open due to the hot weather. However possession or purchase of a pay and display ticket alone is not sufficient. The machines clearly state that the pay and display ticket must be displayed on arrival in such a way that all relevant information can be read from outside the vehicle and must remain so for the duration of stay. Having checked the photographic evidence I have noted that the windows on the vehicle are closed. The responsibility lies with the motorist to check their ticket is clearly displayed with all the requisite details visible to an enforcement officer prior to leaving the vehicle. It is my decision that the charge will not be cancelled"

They further state that the 14 day period to get 50% discount off the £50 charge is now running, and that if I want to appeal further to wait for a Notice to Owner to make further Representations and if that fails I have the right to appeal to the Traffic Penalty Tribunal.

A bit of Googling today digs up that Sefton Council have been know to not apply 1st time offence discretion or any sympathy and are a hard line Council enforcing all PCNs

So is there any grounds or worth while appealing in this case. I'm down for a £25 charge at the moment and if I appeal and loose either to the Council or take it to the Traffic Penalty Tribunal I stand to loose another £25 and end up paying £50.

From what I have read, the Tribunal uphold the majority of Flutter tickets so that might be a waste of time.

Any advice appreciated, I hate to roll over and give in but wondering if they have me by the wotsits on this one.

thanks

This post has been edited by James Grant: Fri, 8 Jun 2018 - 15:09
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post Fri, 8 Jun 2018 - 15:07
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James Grant
post Thu, 14 Jun 2018 - 15:02
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QUOTE (hcandersen @ Fri, 8 Jun 2018 - 16:46) *
Also, were any of your windows open and can you see this in the photos?


That's the problem, I said they were open slightly but the Officer took photos all around the car which they sent my by request and from those they all appear closed.

It'll be a tough sell to state one was open a few mm, as that would likely not be enough for any wind to dislodge the ticket unless there was a hurricane
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