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Had a look through the various posts on this wonderful site, but can find nothing that relates directly to my problem. Got ticketed when parking a works van (borrowed for the day) in an East Herts Pay and Display. All 4 wheels within a marked bay, valid ticket displayed etc etc but on returning found a ticket telling me I was in breach of the weight restriction. News to me, as I had seen nothing about a weight restriction. Having received the ticket I checked the car park - there was no sign at the entrance, no signs displayed within the car park; the only reference to a weight restriction was in half-inch writing at the foot of the 6ft x 4ft tariff board, separate to a list of other contraventions (i.e. the usual valid ticket, parking wholly in bays etc). I had some correspondence with East Herts District Council on this matter, and having been threatened with the ticket increasing from £30 to £60 if I did not cough up within two weeks, I (perhaps foolishly) paid the £30 (although advised them I was doing so under duress). Having read posts on this site, I asked for the ticket to be struck out and my payment refunded on the basis that the signage warning of a weight restiction was not 'clear and unambiguous' and there most certainly was not 'ample and appropriate signange about the car park'. The response I have received from East Herts District Council was that they felt the signage to be adequate. Again I responded, stating that I did not feel that it was an arbitrary decision of theirs as to what constituted 'ample and appropriate signage about the car park', but rather that they were obliged to demonstrate that the signage was 'ample and appropriate about the car park. Their response to this was to advise me they would refund my £30 but NOT strike out the ticket, and instead would issue a Notice To Owner Hirer Keeper, "at which point the charge will stand at the full amount of £60 and I will be able to make a formal representation".
Q1) I did not ask for this, I asked them to strike out the ticket. Can they make this decision?
Q2) Bearing in mind I coughed up within the 2 week limit, and had raised within the 2 week limit what I believed to be a legitimate argument against the ticket, do I not get some leeway before they whack me with the full £60?
Q3) Would I have a reasonable chance of getting the ticket struck out if I make 'formal representation'?
Any help would be greatly appreciated, thanks guys
What they are in effect saying is that we will refund your payment and issue an NtO; this will allow you to take the matter to the independent adjudicator for a decision as to the signage.
If the adjudicator finds against you I would argue that you should be allowed to pay the £30 - as you had previously paid but the Council wanted a 'test case'
I would also get hold of a copy of the TRO from the Council's highways dept. and see what that says about weight restrictions
Phantom Weight Restriction
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