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Richmond Parking Ticket Ambiguity
Decker
post Fri, 4 Jul 2014 - 14:46
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Hi peeps

I've recently moved offices and occasionally street park. In the street I park in one side is Pay and Display/Res Park and I have just found out to my cost that the other side is ResPark only.

The ticket lits a contravention code of 12T - namely ""12T - Parked in a residents' or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge (voucher/P&D ticket used in permit bay)"

Now naturally I'd paid for parking and the voucher was on my dashboard. The parking attendant watched me pull up, park and having put a voucher in my windscreen walk away from the area. Funnily he didn't call after me to double check. He ticketed me a couple of minutes later.

I'm guessing that whilst this is ambiguous the "issued for that place" kyboshes any challenge on those grounds?

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post Fri, 4 Jul 2014 - 14:46
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Mad Mick V
post Fri, 4 Jul 2014 - 16:13
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"for that place" has never been tested at adjudication as far as I am aware and no one has given a definitive answer as to what it means --the bay, the zone, "the parking place" the street or whatever. It is quite feasible for a "parking place" to have both resident only bays and P&D bays.

Failing other grounds, I would argue the contravention is incorrect and that it should be the lower penalty code 19 "Parked in a residents' or shared use parking place or zone either displaying an invalid permit or voucher or pay and display ticket, or after the expiry of paid for time"

An incorrect contravention means the PCN is invalid.

The key fact is that you did not try to escape payment, you displayed a ticket. Your only error was to park your vehicle on a street where there were different bays.

Other members might however have differing views, so you should consider their comments carefully.

Mick

This post has been edited by Mad Mick V: Fri, 4 Jul 2014 - 16:30
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astralite
post Sat, 5 Jul 2014 - 16:53
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Here's the other one
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Decker
post Tue, 8 Jul 2014 - 16:38
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Thanks I'll give it a go! Interestingly yhe on line PCN says "12T - Parked in a residents' or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge (voucher/P&D ticket used in permit bay)" so the CEO might actually have been doing me a favour by highlighting the Get Out of Jail Free card at the end.

I'll keep you posted.

This post has been edited by Decker: Tue, 8 Jul 2014 - 16:57
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mrenglishman
post Fri, 11 Jul 2014 - 21:59
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let me know how this goes!
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Decker
post Wed, 23 Jul 2014 - 11:07
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Thank you Mad Mick - I've had an email cancelling the ticket. Whilst they don't acknowledge the fact that they issued the wrong PCN type the accompanying mail seems reasonable.

"Traffic Management Act 2004

Re: Penalty Charge Notice (PCN) ZZZZZ issued to vehicle YYYYYY on XXXX in WWWWWW for the contravention of: 12T - Parked in a residents' or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge (voucher/P&D ticket used in permit bay)

Cancellation of your Penalty Charge Notice

Thank you for your communication regarding the above PCN.

The Civil Enforcement Officer (CEO) issued the PCN detailed above as the vehicle was parked in a residents parking place whilst displaying an invalid pay and display ticket issued for that place.

The relevant sign-plate was a short distance from where your vehicle was parked and it is the responsibility of the motorist to look for appropriate sign-plates / restrictions upon parking and before leaving the vehicle unattended.

The photographic stills are available using the following link: http://www2.richmond.gov.uk/PCNViewer

However after reviewing this situation, on this occasion, I am able to cancel this PCN under the council's customer care guidelines.

Should you receive a future PCN under similar circumstances, it will be assessed on the basis that you were fully aware of the cause of the contravention.

Therefore, mitigation applied in this case may not be applied in future similar cases.

For future awareness, please be aware that each set of bays will have its own relevant sign-plate. A set of bays that have different restrictions from a following set of parking bays are differentiated by single/double white transverse lines, depending on the type of type of parking restrictions that are set in place.

Please also note that the sign-plates are only applicable for the side of the road that they are assembled on.

This case is now closed."

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