PCN - simply mean - any advise

[Badbunny]

Hello

 

I am new so please be gentle.

 

I recently parked in a Council pay and display. The charges were £1 for 1 hr, £2 for 2, £3 for 3 or £7 for 24. Having only £4 in change we chose the £3 trusting that the show we were going to see would end in time. As it happened I was 10 minutes over the time limit and had the dreaded yellow and black sticky on my car.

 

The PCN is text book perfect so I wrote to them anyway, hoping to appeal to their human side. They rejected my cry.

 

How can they charge £25 for what was in effect a £4 mistake? I wouldn't mind but the car park was empty when I got back, so it's not like they were loosing revenue!

 

Whats my next step? do I wait for the NTO? and try to appeal again? or do I grin and bear it and give them their £25.

 

I am a fighter - especially when I think things are unfair, but I also know when to pick my fights and as much as it hurts............I will give in if I don't have a leg to stand on.

[dropit]

Hello badbunny & welcome,

I am no expert, but my mother in law had a ticket issued, being just a few minutes late and she complained to the council, stating that she would not visit the city again, she got a refund. Also recently somebody else I know had a ticket issued in a non paying car park, she also complained and asked for evidence and her cheque was returned.

I think its worth complaining.

Hope this helps!

[nero12]

Hello

 

I am new so please be gentle.

 

I recently parked in a Council pay and display. The charges were £1 for 1 hr, £2 for 2, £3 for 3 or £7 for 24. Having only £4 in change we chose the £3 trusting that the show we were going to see would end in time. As it happened I was 10 minutes over the time limit and had the dreaded yellow and black sticky on my car.

 

The PCN is text book perfect so I wrote to them anyway, hoping to appeal to their human side. They rejected my cry.

 

How can they charge £25 for what was in effect a £4 mistake? I wouldn't mind but the car park was empty when I got back, so it's not like they were loosing revenue!

 

Whats my next step? do I wait for the NTO? and try to appeal again? or do I grin and bear it and give them their £25.

 

I am a fighter - especially when I think things are unfair, but I also know when to pick my fights and as much as it hurts............I will give in if I don't have a leg to stand on.

you could write back and ask for calibration and maintenance records for that particular machine just to make sure it was running correctly.

 

Under the rta 1984 they must keep records of this.

 

 

You could also go for a discretionary cancellation

[patdavies]

Under the rta 1984 they must keep records of this.

 

Could you provide a reference for this please. AFAIK, there is no Road Traffic Act 1984.

[lamma]

probably means Road Traffic Regulation Act 1984

[patdavies]

probably means Road Traffic Regulation Act 1984

 

In which case, yes. Under S.46(3) they must keep records. However, that section on allows the LA to determine for itself the frequency and scope of inspection. Every 20 years would comply with the Act - though obviously not natural justice.

 

RTRA 1984 S.46(3)

3) Where provision is made for the use of parking meters it shall be the duty of the local authority to take such steps as appear to them to be appropriate for the periodical inspection of the meters and for dealing with any found to be out of order; for securing the testing of the meters, both before they are brought into force and afterwards; and for recording the date on which, and the person by whom, a meter has been tested.

 

You will note that the only requirement for records to be kept is for the data and name of the person. Repairs and test results are not required to be kept.

[nero12]

In which case, yes. Under S.46(3) they must keep records. However, that section on allows the LA to determine for itself the frequency and scope of inspection. Every 20 years would comply with the Act - though obviously not natural justice.

 

RTRA 1984 S.46(3)

 

 

You will note that the only requirement for records to be kept is for the data and name of the person. Repairs and test results are not required to be kept.

 

 

so if it has been reported as out of order, then recorded as inspected and by whom once a week then on balance this machine is known to be faulty, yes

[green_and_mean]

so if it has been reported as out of order, then recorded as inspected and by whom once a week then on balance this machine is known to be faulty, yes

 

 

Seemed to be working well enough to buy a ticket on this occasion so hardly seems relevant. Even if the machine had broken down every day for the last 10 years as long as it was working when the driver parked and checked at time of PCN issue its reliability record would be meaningless.

[nero12]

Seemed to be working well enough to buy a ticket on this occasion so hardly seems relevant. Even if the machine had broken down every day for the last 10 years as long as it was working when the driver parked and checked at time of PCN issue its reliability record would be meaningless.

so for arguments sake you buys your ticket, plonked it in your car in a hurry.You then come back and find you have a ticket.

You then check the time and find the machine is running fast.

You makes your request to the LA and find that in the last ten years it has been recorded as being attended to 3,600 odd times

 

Would you pay up or appeal?

[green_and_mean]

so for arguments sake you buys your ticket, plonked it in your car in a hurry.You then come back and find you have a ticket.

You then check the time and find the machine is running fast.

You makes your request to the LA and find that in the last ten years it has been recorded as being attended to 3,600 odd times

 

Would you pay up or appeal?

 

I would have checked the time on the ticket before leaving the car

[nero12]

I would have checked the time on the ticket before leaving the car

 

 

What if it was incorrect?

[green_and_mean]

What if it was incorrect?

 

I'd make sure I came back at the time on the ticket.

[adampaddam]

I'd make sure I came back at the time on the ticket.

 

Badbunny take some pics of the Condition of Use sign at the car park entrance and also check if there are repeater signs which inform you that you will receive a PCN if you cause one of the contraventions listed, don't bother about signage near pay and display machines as anyone who has a disabled Badge would not normally visit a P&D machine unless all the disabled bays were full, I know you are not disabled but that would be the excuse you would use if you were, you must be informed of all the contraventions which can be made in the car park, we are not supposed to just take it for granted that you will get a PCN if you cause one, because what would happen if you were a visitor from another Town or Country and not know about contraventions.

Greeny and Meany please do not come up with childish replies. Badbunny wants advice not folk acting like kids.

Edited May 23, 2008 by adampaddam