Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
OK, This is more of a "what might have happened" thread for future reference if I may.
I needed to nip to the bank in Sunderland today and was lucky enough to find a free pay and display bay just over the road from it. On checking my pocket I found my smallest coin was a £ coin. I can't remember the bay cost, but I know it is a lot less than that for the 5 minutes I would need the bay for, but being an upright citizen I was prepared to pay this to avoid a pcn.
Anyways, got to the meter and found it jammed. It only services about 4 bays I think and is the only machine provided to pay for them. After giving the meter a few well placed thumps I appeared to clear the jam and reluctantly fed it my £. And again, and again! My coin just kept coming back out the bottom. As I had now spent more time trying to feed the meter than I intended being in the bank, I decided that I had made sufficient effort to pay and left the car and went to the bank. 5 minutes later I returned to my car and found I hadn't received a PCN.
Question is, if I HAD received a PCN, would my efforts above and claims that the machine was inoperative, have been sufficient to appeal the ticket?
OK, This is more of a "what might have happened" thread for future reference if I may.
I needed to nip to the bank in Sunderland today and was lucky enough to find a free pay and display bay just over the road from it. On checking my pocket I found my smallest coin was a £ coin. I can't remember the bay cost, but I know it is a lot less than that for the 5 minutes I would need the bay for, but being an upright citizen I was prepared to pay this to avoid a pcn.
Anyways, got to the meter and found it jammed. It only services about 4 bays I think and is the only machine provided to pay for them. After giving the meter a few well placed thumps I appeared to clear the jam and reluctantly fed it my £. And again, and again! My coin just kept coming back out the bottom. As I had now spent more time trying to feed the meter than I intended being in the bank, I decided that I had made sufficient effort to pay and left the car and went to the bank. 5 minutes later I returned to my car and found I hadn't received a PCN.
Question is, if I HAD received a PCN, would my efforts above and claims that the machine was inoperative, have been sufficient to appeal the ticket?
In this instance, if the machine would not take the coins it is therefore deffective. Place a note in your car which states that machine so and so is deffectiveIt should have a number to identify it. Take a photo.You then report the deffective machine to the LA.
Under the RTRA 1984 section 46(c) the LA must keep maintenence records of all parking meters, you the Freedom of Information Act request the maintenance records for that meter which may show up regular deffects. You then appeal that the machine is broke has a history and have the ticket cancelled.
Even If u did receive it you can appeal because if the machine doesn't work the pcn is not valid. How will the council know it wasn't working at the time?
Basically every ticket purchase is recorded in the machine. If there is an usual time gap between ticket purchases then this could mean the machine is defective. Parking attendants by law have to check the machines before issuing a PCN. If they report a problem to base through the radio then your ticket should get cancelled. But always put a note in your car if there is a problem.
Good advise. I never thought of putting a note in my windscreen stating the machine was broken, but it does seem to be the sensible thing to do (which hopefully would result in no pcn been issued in the first place so no need to appeal it!)
I'd endorse that and add that if there is a phone number listed and you have a mobile it's worth giving it a call.
I parked in a car park in Bristol late last year, tried to pay, defective machine wouldn't take coins. Rang the number listed - they acknowledged fault, I gave my VRM - result. No pcn but 4 other suckers issued with one for not displaying.
I parked free for the whole day.
Not that I'm cynical but I wonder why the LA didn't tell the PA's to give the car park a miss after they found out the machine was defective. The vehicles that were ticketed parked after I did. Surely Bristol City Council aren't money grubbing like the rest?
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
Pay and Display Bay. Didn't pay, no PCN
.
Reply With Quote
Originally Posted by crem
