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aneng
Hi Folks,

I was sent on a job (I'm a field engineer) on Friday and parked in a council pay & display car park whilst attending the site. I bought a ticket from the machine, where the displayed price was 70p = 1hour.
I didn't have any change, only a pound coin, so searched all over the machine and the accompanying sign to see if there was any mention of it not giving change, but there was nothing anywhere. I put the quid in, half expecting it to give me a pro-rata expiry time (as some do), but it didn't. I got exactly one hour, expiring at 17:00.

I attended the job and was delayed. I returned to the car about 17:15 to find that I'd been given a ticket at 17:11.

I know that technically I'm probably bang-to-rights guilty but I have what I believe to be mitigating circumstances and wondered if anyone could offer comment please.

The mitigating circumstances, I believe, are;
  • Because the machine did not give change, I had overpaid the 70p fee by 30p, which would have been the equivalent of covering me until 17:25, if calculated pro-rata
  • The car park is free from 6pm onwards anyway. It was 90% empty at the time I was issued the ticket. I have video of the ticket bloke still dishing out tickets at 17:45, just 15 mins before the car park became free. This, to my mind, is absolutely not in the spirit of the intended purpose of charging for parking infringements. The whole point of fining people is to deter drivers from hogging the car park unfairly, thus denying other drivers a space, in my view. Handing out tickets after 5pm on a Friday in a deserted car park that is just about to become free has no purpose whatsoever than to generate income for the council.

I will appeal regardless, but I'm not hopeful. I don't think many councils have consciences. I was considering putting the video up on Youtube publicly (at the moment it's unlisted) but I don't know if trying to embarrass them in that way would be counter-productive. I will absolutely do it and name the council, if they reject my appeal though. It's not much to retaliate with but it doesn't show them in a good light IMO. The video is here:- https://youtu.be/TXYdpo55n5o (Note the time in the video. I returned to my car at about 17:15-17:20, but, having realised I'd been ticketed, decided to just complete my paperwork in the car where I was, then spotted the ticket man just as I was leaving, so drove to the other end to capture him on video).

Any suggestions or should I just cough-up and walk away grumbling ?

Cheers !
hcandersen
Let's try and channel your energy into productive areas.

PCN, photo of front of m/c, the P&D ticket.
aneng
QUOTE (hcandersen @ Tue, 17 May 2016 - 07:29) *
Let's try and channel your energy into productive areas.

PCN, photo of front of m/c, the P&D ticket.


Your wish is my command ! biggrin.gif

PCN:




Photo of Front of Machine:




The P&D Ticket:




...and as a bonus, the sign next to the machine:




Many thanks for your assistance !

Edit: Ah... cr*p.... I just spotted the 'No change given' bit at the bottom of the sign !
Incandescent
I would think there are almost no P&D parking ticket machines anywhere in the country that give change. I am rather surprised that you expected this. Even in Germany, the ticket machine by the Rhine at Bacharach doesn't give change. The only change-giving machines I have found are in car parks, (usually multi-storey), where one pays on exit, these are common enough, but not in P&D car parks. I don't think any council gives pro rata parking time related to the amount tendered, but maybe somebody will correct me.

The fact is you are bang-to-rights, and whilst you think you have some mitigation, lack of change and being back late, are not usually arguments that bring tears to the eyes of council staff, they have heard it all before !

However, nothing will be lost by submitting an informal appeal within the discount period, just don't expect a sympathetic reply. You may be lucky, who knows, but it would be unusual.

I do agree with you that councils are ruthless, venal, and rapacious, hence my title !

Mad Mick V
This is the Parking Places Order (which includes John Street) Dated and sealed 18 March 2013:-

http://tro.parking-adjudication.gov.uk/TRO/Bridgend/PT01.pdf

This is the Bridgend civil enforcement designation order coming into force 1st April 2013:-

http://www.legislation.gov.uk/wsi/2013/53/contents/made


Question:---- Although the Off Street Order came into operation on 1st April 2013 is its making valid given that it predates the civil enforcement designation?

Mick
hcandersen
AIUI, PPOs shouldn't prescribe enforcement in any event, that's the job of parallel legislation. They don't even need to refer to an 'offence' because this is also prescribed by other legislation.

As regards your challenge, perhaps:

As the authority will see from the enclosed P&D ticket which was issued at 16.00, I overpaid by £0.30p and was given a PCN at 17.11. The authority will note that the marginal rate for the period 1-2 hours' parking is £0.80p per hour and therefore my 30p would have bought at least 20 minutes' parking i.e. until 17.20.

Putting aside the technicalities of the contravention for one moment, you would hope that the authority would exercise discretion given that effectively they have been paid for the period of parking.


Atomic Tomato
QUOTE (hcandersen @ Sun, 22 May 2016 - 12:47) *
Putting aside the technicalities of the contravention for one moment, you would hope that the authority would exercise discretion given that effectively they have been paid for the period of parking.


Unfortunately the cost of parking between 1 & 2 hours is £1.50 not £1 so the OP had not paid for the period of parking

It would be nice for a bit of humanity to come into play though.
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