PCN parking with Trailer

[GranadaDave]

Hi, I apologise in advance if I ask for advice here that has been interated before - I found the Forum from a Google search and was unsure where I had landed!

 

My Story,

 

I live in Somerset and travelled to the lake district in my car with trailer (a small 6foot square box trailer). We stopped at Bowness to have a brake and found a perfect car park. It was all loose gravel, no white line markings, no signs. Cars parked in the normal fashion you would expect, pretty much in loose rows, the car park also contained many large motorhomes and vans. It was my judgement that this was a perfect location to park my trailer and car due to the lack of any structured parking and zero signs.

 

It was a pay and display car park - and yes next to the meter was a board describing what could and could not park. This I obviously did not read (my mistake I admit) but the 6 words in the small print (park with a trailer or caravan) I would have struggled to see any way.

 

So I got a ticket, see ticket below. I have emailed my challenge, see that below, and recieved the reply (also below!)

 

Im not so much looking for an answer as to will I win or not - but really looking to find out what court I will end up going to. If I have to travel 6 hours back up north I may aswell pay the fine. And so thats my biggest query!

 

Thanks in advance for any help, very very much apprechiated.

 

Dave

 

To whom it may concern,

 

On the 20/08/2009 I parked at the location ‘Braithwaite Fold Car Park Bowness’ in my car / trailer combination. Being a car and trailer combination it is difficult to find space to park due to most car parks having painted white lines. However the Braithwaite Fold car park is a rough area of land, with no clear markings and no clear indications of where vehicles can and cannot park. The car park at this time was partially full with many large mobile homes, vans and cars. Many of the larger vehicles described where far in excess the size of my car and trailer combination. It is an obvious observation from my part that without any clear signage of what can park in any locations and that many larger vehicles are already parked on the grass or on the rough ground that it is a perfect location to park my vehicle.

 

I was rather dismayed to be issued a ticket stating that I had parked in an area not designated for that class of vehicle. It is my understanding after taking some advice that it is the owners of the car park who have to clearly state what vehicles can and cannot park within the car park, and that in this instant not enough advice was clearly displayed to inform me not to park. (given the layout of the car park and other vehicles parked within it).

 

Due to the fact of poor signage and no information available when parking my vehicle I look forward to having this ticket cancelled herewith.

 

Regards

 

Dave.

 

[GranadaDave]

Just to clarify I just want to know what court ill end up at? I dont want to travel half way across the country if I dont pay as that will cost me even more!

 

Dave

[lamma]

There is no court appearance involved - unless you take it all the way to Judicial Review. Enforced under the Civil Procedure Rules part 75 as it is a decriminalised issue. If you take it to adjudication it will be a local office.

But first we need to decide if its fightable.

[GranadaDave]

Oh right, I figured at some point I would have to go somewhere and plee my case. Is it all done via letter then?

 

Do you think this is fightable? I my honest opinion having a car park of this nature with no clear markings and lots of large motorhomes in gives the impression all is well. And that due to that being the impression the car park gives clearer signage should have been available to indicate otherwise.

 

D

[Jamberson]

Since none of us has seen the signage it's impossible to draw any conclusions on whether it was "clear" enough. If you are adamant, you could take it all the way but by your own admission, you made a mistake.

 

In general, if you made the mistake and got caught, then it's going to be considered a fair cop from here on unless you can come up with something good.

[buzby]

Welcome to te Lakes, indeed. This is a common 'gotcha' and they're trying to keep out traders, especially travellers who usually take up the 'downtime' out of season. Everything hinges on the actual signage displayed, but I guess it's too far for you to check. Only this will provide a route to cancellation, and only if it did not specificlly state their policy on trailers. It's oftenbetter to take the discount and vow never to go to the area again.

[lamma]

And check the TRO

[GranadaDave]

Right, okay, the sign next to the pay meter had the information no trailers. However that was the only sign, the rest of the car park was basically rough ground.

 

I wouldnt have kicked up a fuss had it not been the simple fact that the car park almost looked perfect for my trailer to park! But I guess what your saying about traders etc is right.

 

I just figured that it would have to be more clearly marked, as I could only find out that I could not park there - once I had actually parked.

 

So pay up being the advice here?

 

D