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Parking fine, but I had a displayed ticket!


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Dear all, I am new to this forum, and need your help badly. I have never used a forum so I am a bit raw. I have replied this response elsewhere, but I don't know if it's best to add a new thread?? (Sorry to be a pain)

 

**GOT A FINE, BUT DIDN'T BREAK A RULE - TEMP CAR PARK - HELP****

 

I have received a parking ticket from St Martins' College in Lancaster whilst visiting my sister yesterday. I want advice on my appeal as I had a proper paid ticket displayed, the arguement was that I had parked on a footpath! I doubt anyone's parked on this car park, but it's as temporary as you can get - NO marked bays, all gravel with a temp fence around it, cars double parked etc.

 

I parked where there was a break in the fence, to let people walk in and out of the car park, but there was no sign sayin do not park here, there was nothing marked on the ground. It was some paving slabs in the ground, but not raised (like a 'foot path').

 

I photographed the car when it was parked, the space around it (I left load to walk past), I photo-ed it when I pulled out to show it looks like a clear space in a temporary car park. I photo-ed the parking charge sign, which only said 'Park in clear marked bays' but there isn't any!!!

 

To make it worse - when I pulled up, the attendant guy (who later gave me a ticket) said that he 'wouldn't advise parking there as people walk past'. When I said there was no sign or bay marked not to park, he just shrugged his shoulders. He must have waited till I got out and around the corner and hit me with an unfair ticket! I bloody paid the charge for 4 bloody hours, I am fuming.

 

It's the usual £30 within 7, £60 14, and extra after.

 

When I saw him before I left, he was so coy and said I should appeal. I know why people clobber them as I was bloody tempted. The fact is, no marked bays, nothing to say don't park there - nothing on the sign to say do not park in front of the opening etc.

 

What does everyone think?? I need to send the appeal within 7 days (from 1st October 07), but I really think I am actually in the right 100%.

 

I have photos - do I send the email stating no marked bays, no sign saying don't park, nothing on the pay machine sign, and no footpath, as within a temporary car park?? I have seen people saying here that they were not driving, but I feel my case is different as I was within their stupid rules and a job's worth did that.

 

Help urgently, I have never been fined before, as I tend to break a gut to stay within the rules!

 

Aaron

 

Ps - can I add photos here??

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I'll leave the jobsworth bit out!

 

Do you reckon that I have a good case? I do, as I truely did nothing wrong. My big case is there was no markings at all and no sign to say don't park there!

 

Do you think I should include that I spoke to the guy and he recommended I shouldn't park there as people pass it, but no reference to getting a ticket at all??

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This sounds like a private company parking ticket in which case I would do absolutely nothing at the moment. If you write to them now you may not help yourself in arguments later.

 

Let them do the running.

 

If it is a local authority parking ticket that is a different matter but from what you have said it doesn't sound like it.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I've reviewed my parking ticket again and it does not mention 'There should be reference to either the 1991 Road Traffic Act or the 1984 Road Traffic Act if it is a local authority PCN' (as in other feeds).

 

It doesn't mention anything like that - it's Excel Parking services. It says 'You are required to pay....You will be liable....Vehicle drivers be aware that that their name and address may be requested from DVLA'.

 

It says 'If this notice is fixed to a vehicle only the driver or the person in charge of the car is authorised to remove or in any way interfere with it'.

 

Then details of my car, time etc.

 

Then; 'Circumstances giving reasonable cause to believe that the terms and conditions of the car park were contravened rule '81 - Parked in a Restricted Area of the car perk'. .

 

Can anyone tell me if it's restricted if there's no signs, bay markings or anything to say don't park on this bit of the cp in a gravel cp?? That's the bit that's doing my nut in, there was nothing to say 'DON'T FLIPPING PARK HERE' and that idiot parking attd not telling me I'd get a ticket. Crazy

 

As I said, nothing to say council or private?!

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My mother's boss's husband is a solicitor, and he thinks I should appeal initially due to me having a good case for appeal. If it fails, then go through the 'illegal' parking rules etc.

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I'll take a bet the "appeal" will fail, as they are judge, jury and executioner. They make money out of slapping those tickets on, so don't hold your breath. Your mother's boss' husband is confusing them with legit PCNs.

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I'll appeal with the full evidence I have, supported by legal advice. If it's unfounded, I'll follow the steps laid out on this site.

 

No way on earth am I paying this fine.

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Careful that you don't associate your sister in any way with this 'ticket' - I am assuming from your OP that she attends this College? Some Colleges and Universities have been known in the past to withold qualifications/exam results until all 'outstanding monies' (parking fines/library penalties/materials charges) have been paid - whether that is actually legal or not has yet to be seen, but in the meantime it's best not to take the chance that they may associate your 'fine' with her as a student.

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