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Parking fine at adjudicator. Any last minute help?


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Hello. Already at NPAS stage (National Parking Adjudicator) and any extra evidence we wish to submit has to be in asap. Discovered this site at last minute really so very sorry for that but any help would be appreciated.

Parking offence was ‘expiry of time paid for in a pay and display car park’. PCN given by council parking attendant (not London Borough). We were using a pass that allows disabled people who require a carer to be with them to get cheaper access to council services. There is a council pass that allows one hour’s extra free parking on top of what you have paid for. We did not have the particular pass that allowed the extra hour’s free parking (not disputing this) but the heart of our argument has been that, one week prior to the parking contravention we were in the same car park and specifically showed a council parking attendant the pass we had and asked if it would allow an extra hour’s free parking. We were told that it would and the conversation is well remembered because there was a whole debate about how you display the pass in the car whilst at the same time taking it into the swimming pool for the price concession it allowed. Anyway, we are clear the attendant saw everything and had a long chat and still said we were fine to park the extra which we did one week later and got the PCN.

Council’s argument has been we should have ‘read’ the rules. Yes, but we say the council parking attendant’s advice should be taken as a part of the rules or at least as being significant in their decision. Any normal person who asked the question would expect to get an accurate answer from the attendant or at least an honest ‘I do not know the answer’. This attendant was so clear he knew.

Added frustration that council consistently said they could not check with the attendant unless we had his number, which we didn’t, but now, at the very last minute, in their final submission to NPAS before the actual hearing they say they have spoken to the attendant. He recalls some such conversation but not enough to confirm everything we say – PCN issued 23/7/07, if only they had found him quicker may have remembered more!!

Any ideas on above would be appreciated.

Also, having read over this forum briefly I would now add to the submission a few points that may be helpful about technical details (can anyone confirm if I am on right lines):

1) PCN states “If you do not pay within 14 days the full charge must be paid within 28 days”. I find this confusing as it implies payment of the penalty is required from the driver of the vehicle whereas in fact liability rests with the owner of the vehicle. Does this conflict with section 66 (2) Road Traffic Act 1991 or is ok.

2) NTO should allow 28 days from date of service. Mine says on front “must either pay or make representations within 28 days”. On the reverse it does change this to “within 28 days of this notice being delivered” but is that good enough.

3) PCN says if payment not received “registered keeper or the person believed to be the owner will receive a Notice to Owner”. Does not the law only allow council to send to “person appearing to them to be the owner” and does not give choice between ‘owner’ and ‘registered keeper’ as this PCN appears be trying to do.

Thanks for any help whatsoever at short notice.

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