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Council Car Park Closed during Lockdown
Spud1967
post Thu, 21 May 2020 - 13:35
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On 6th May I parked in a council car park in Townley Park, Burnley. On the road leading up to the car park there was a “Road Closed Ahead” sign. When I got to the car park a few of the bays had cones stopping people parking in them, but quite a few were free. So I parked in one of the free ones. I went to the machine to pay and it had a bin bag over it taped up. So I presumed I could park for free. Anyway about 30 minutes later I came back to my car and it had a ticket on it saying “car park closed”. There was no signage up anywhere saying the car park had closed (see photos). Anyway I have done an informal appeal on the ticket and they have rejected it, saying there was adequate signage. Just wondering if it’s worth going all the way with an appeal? Or do they always find in councils favour.
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post Thu, 21 May 2020 - 13:35
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stamfordman
post Thu, 21 May 2020 - 13:40
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Let's see the PCN, your challenge and their rejection, all the right way up and readable.

Put pics on https://imgbb.com or such like as space on forum is limited.

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Mad Mick V
post Thu, 21 May 2020 - 14:43
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Another daytripper!

Anyhow, the Parking Places Order is here:-

https://tro.trafficpenaltytribunal.gov.uk/T...urnley/BE26.pdf

I have had a quick read through and didn't spot anything about car park closure or parking suspension-----needs to be checked properly.

IMO they cannot impose the contravention given unless it's backed up by the Order.

Mick

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Spud1967
post Thu, 21 May 2020 - 16:00
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QUOTE (stamfordman @ Thu, 21 May 2020 - 14:40) *
Let's see the PCN, your challenge and their rejection, all the right way up and readable.

Put pics on https://imgbb.com or such like as space on forum is limited.


OK here they are:-

https://ibb.co/9tT5RyD

https://ibb.co/cTKwHrq

https://ibb.co/d5sZ8Kf

https://ibb.co/NxZFN7v

Thanks for looking. Informal appeal was done online..

This post has been edited by Spud1967: Fri, 22 May 2020 - 14:32
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Spud1967
post Fri, 22 May 2020 - 14:34
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OK here they are:-

https://ibb.co/9tT5RyD

https://ibb.co/cTKwHrq

https://ibb.co/d5sZ8Kf

https://ibb.co/NxZFN7v

Thanks for looking. Informal appeal was done online..
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stamfordman
post Fri, 22 May 2020 - 15:22
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They say there were signs at the entrance - plural - informing you the car park was closed.

So were there?
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Spud1967
post Fri, 22 May 2020 - 15:41
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No just a sign saying "Road Ahead Closed" you can see it in one of my photos on opening post.
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PASTMYBEST
post Fri, 22 May 2020 - 16:04
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QUOTE (Spud1967 @ Fri, 22 May 2020 - 16:41) *
No just a sign saying "Road Ahead Closed" you can see it in one of my photos on opening post.


Can we see all of the council photos please. They are the evidence

The off street order does not create an offence of parking when closed, but then if its closed is it a car park governed by the order? And wtf are they doing enforcing this

https://1drv.ms/b/s!AtBHPhdJdppVyGhqo4-...Ck3RaY?e=hM6m45


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Spud1967
post Fri, 22 May 2020 - 17:59
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QUOTE (PASTMYBEST @ Fri, 22 May 2020 - 17:04) *
QUOTE (Spud1967 @ Fri, 22 May 2020 - 16:41) *
No just a sign saying "Road Ahead Closed" you can see it in one of my photos on opening post.


Can we see all of the council photos please. They are the evidence

The off street order does not create an offence of parking when closed, but then if its closed is it a car park governed by the order? And wtf are they doing enforcing this

https://1drv.ms/b/s!AtBHPhdJdppVyGhqo4-...Ck3RaY?e=hM6m45


The only photo's I have got from the council are the ones on the back of the informal appeal rejection letter. More close up view here:-

https://ibb.co/wdc4vnW

I can't see how this can be legal if there is no signage up to say it's closed. The sign in the car park says Monday to Sunday 8am - 10pm. Ticket was issued at 6.40pm.
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cp8759
post Tue, 26 May 2020 - 12:53
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So just wait for the Notice to Owner, I don't think the council has a case to be honest. In the meantime please check your V5C to make sure the address is up to date.


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I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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