Thread: PCN for "Pay & Display" for not displaying ticket - Birmingham Ciy Council

Can anyone help me please?

I parked in Snow Hill car park (council owned) in birmingham on 25th march and bought a ticket which i put on my dashboard. I arrived back about 2 hours before the ticket expiry to find a pcn on the windscreen. I then sent an email the same day to the council with a copy of the pay & display ticket and objected to the ticket stating that a) I had displayed the ticket but b) due to the ticket having no adhesive, it had obviously fallen off the dashboard.

Id assumed that the ticket had been withdrawn as I hadnt heard anything til TODAY! from their letter dated 21st may 2009!

They state that "The ticket states on the front & reverse that the correct procedure is followed when displaying a ticket! and it should be placed inside the windscreen and clearly visible etc"....it then goes on to say "In regards to your comments concerning adhesive tickets, I would advise you that after receiving various complaints regarding the sticky residue being left on the windscren and the tickets were unable to be affixed securey in hot or damp conditions it was decided that adhesive tickets were no longer to be used"

What do i do next? and am i right in not paying this?

Morally you're right to object to this, but you aren't given a free choice as to whether to pay. The worst thing to do is ignore it because you object to it, and you should do something.

Their letter should tell you that you can either pay or wait for a Notice to Owner and then make a formal representation. This is basically another appeal, but a more formal version.

It's up to you whether to re-appeal and you have to consider that if you do, then you will be forfeiting the chance to pay the discounted rate (which I presume they have offered you now), so it is a gamble.

Cheers for that - I'll respond to the NTO and carry on objecting - at the end of the day I bought the pay & display ticket and any reasonable person would accept that - NOT THAT ANYONE WORKING IN THE COUNCILS CAN BE CONSIDERED REASONABLE OR INDEED OF A HIGH ENOUGH AN IQ TO BE WARRANTED A "PERSON".

I just wondered if anyone else had a similar experience? and what was the final outcome - surely proof of payment is adequate and a failure of the ticket to "adhere" to a dashboard cant possibly be an argument ot enfoce it? - Ive got until 11th June at the discounted rate> has anybody else had a similar argument? Or should I just pay it and take a beta blocker to calm me down?

It's a very common situation. Someone here can probably advise the most likely outcome of making a formal rep. If you do make one and it's rejected you can still take the case to adjudication, so there is a further stage if all else fails.

From a legal point of view, proof of payment isn't adequate in itself - you must be displaying the ticket at all times whilst parked there, or you are in contravention. But from a moral point of view, of course they should agree to cancel it. (Doesn't mean they will though!)

Originally Posted by Jamberson

From a legal point of view, proof of payment isn't adequate in itself - you must be displaying the ticket at all times whilst parked there, or you are in contravention.

Not strictly true Jamberson I don't believe. It will all depend on how the signs are worded in the car park. for example, if it says "a valid ticket must be purchased for the time duration." Then the OP has done this. If it says "must be purchased and clearly displayed on the passenger side of the dashboard" then they have stronger grounds for issuing a pcn when they don't see a ticket in that exact location.

Very good point Crem, and one for the OP to check on.

it will depend on what the off-street order says and then what the signs say.

Originally Posted by nero12

Heat makes the adhesve work better if a good quality one is used. Their argument is [EDIT] rubbish.

In hight winds, closing the door or shaking the [EDIT] car will make permits or tickets fall to the footwell of the car without the use of glue.

A better quality glue should be used

I agree with lamma, the traffic order should expalin how the ticket is displayed. There are tribunals for tickets on the floor and upside down. As long as one could be seen be it on the floor , upside down or hanging out of your pet dogs earole this should be sufficient that you paid for parking.

Obtain the parking places order for this car park

LOL rooster which ever way you rap it up it is still EDIT LOL

moderation does make me giggle here LOL

Thanks for the responses. How would I go about getting a copy of the parking places order for the car park? Is this something that the council can provide and would I have to do some form of formal request?

Ask them

All sttled now - Birmingham finally backed down With an apopology!!!!

Many thanks to all.

Good. Did you get the traffic order ? others may need it.