Parking ticket for parking within 30 minutes free zone

[loo1988]

Hi

 

I got a parking ticket yesterday when I parked in a council run car park. The car park was free for the first 30 minutes therefore I parked my car, went into a shop across the road for ten minutes and then came back to see that a ticket was on my windscreen. I questioned the ticket warden why I had got a ticket when the first 30 minutes were free and she explained that this is only valid when I displayed a ticket dispensed from the machine stating the time I had arrived. Now I accept that I didn't display a ticket stating that I was only going to stay 30 minutes but the car park sign stated the first 30 minutes were free and then went onto list the hours and charges. It was only at the bottom in tiny font did it state that if you wanted to stay for 30 minutes free you must print out a ticket which I felt was unfair for me to get a £35 fine for seeing as I didn't cheat them out of any money and the carpark sign is designed to be misleading.

 

Please could anyone help? I don't know if I have a leg to stand on if I refuse to pay. Please reply soon as if I don't pay within 7 days the fine will go upto £60 and I don't want that to happen.

 

Thanks.

[TheBogsDollocks]

I advise obtaining a copy of the Off Street Parking Places Order that regulates the use of the car park. It is possible that this order will fail to advise that the free ticket must be displayed. If it does fail on this point then no contravention will have occurred.

 

You can usually get the order from the council's legal dept. Act in haste as the clock is ticking.

[loo1988]

Thanks for the advice. I will request a copy from the council.

[buzby]

Was this a barrier entry or exit CP...? How would you (normally) have expected to prove to an attendant or barrier reader that you were within the free period allowed. I can accept this may not have been aparrent to you, and if there was no barriere, I would think a challenge could be successful - but not if there was.

[loo1988]

There was not a barrier for entry or exit. You was meant to push the button the ticket pay machine and a 30 minutes free ticket would have been produced but as I said this wasn't stated until further down the sign and in smaller letters.

[buzby]

With no barrier, and a reasonable expectation that no ticket would be issued unless payment was provided, would lead anyone to assume a ticket was not required for stays under 30m. Unless there was a larger sign stating a ticket was required for 30 minute (and under) stays - you should put in an informal appeal immediately.

[TheBogsDollocks]

There was an appeal allowed at a TPT hearing under similar circumstances and this is why obtaining the Parking Places Order may prove fruitful.

 

When car-park signage and local bylaw conflict (HA 39)

The appellant was issued with a PCN for failing to display a paid-for pay-and display ticket, and appealed on the ground that they were displaying a freely dispensed pay-and-display ticket for an hour's parking, as was their habit. The car-park signage made clear the requirement that motorists had to pay for and display a pay-and-display ticket; it also stated that the first hour of parking was free and that motorists could obtain a free ticket from the pay-and-display machine, which gave the time of arrival and the time of expiry. The Adjudicator found, however, that the relevant TRO submitted in evidence by the council was couched in terms that stipulated that only a ticket for which money had been paid could be displayed. The Adjudicator suggested that the council should amend its TRO, which was clearly in conflict with the car park signage.

The appeal was allowed.

[loo1988]

Thanks for all the advice. I am currently trying to get hold of a off street parking places order for the car park but as usual the council do not know what I am talking about and seem to send me around in circles. Spoke to one woman who said that she would send me the relevant information when she has found it so hopefully she will send me something pretty quickly.

[lamma]

Highways Dept cc: to the Head of Legal Services (council Solicitor)