Jump to content


Isle of Wight Council PCN - Parking longer than permitted Parking permit used but clock was set to wrong time of arrival


norbie
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3925 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all,

 

My vehicle was parked in a council owned off-road car park (Isle of Wight Council).

I received a Penalty Charge Notice attached to the vehicle.

The alleged offence is "Parked for longer than the maximum period permitted (80).

 

I own a Resident's Permit which permits me a maximum stay of 5 hours in this car park (amongst others) with no return in 3 hours. A cardboard clock is used to set the time of arrival in the car park and is displayed in the windscreen.

 

I have been using this car park and permit since January and have never had any issues before. Unfortunately on this day I arrived to my office approx. 2 hours later than I would do normally and accidentally set my time of arrival to the usual 9am instead of 11am. Therefore when I went to move my car to another car park at approx 4pm I unfortunately had received this PCN!

 

I've scanned and attached the PCN for your records - I have had a PCN before on the old 1991 RTA and there were a few inaccuracies. I would be grateful if you could have a look and see if you can spot any here now that it is using the TMA 2004 style. The only questionable part that I can spot is the details on how to appeal the ticket appear to reference the Council's website only - is this legal as it would appear to be making it impossible for those without internet access to appeal a ticket.

 

As far as I can see, my best argument is that the contravention did not occur as I did not park longer than the maximum period permitted, it's just unfortunate that I had set my clock wrong on this occasion.

 

ticketfront.jpg

 

ticketback.jpg

Link to post
Share on other sites

Best line of attack I can see is that it says "all representations against the Penalty Charge Notice received at the address above before the end of the 28 day period will be considered by the Council" but what they have to do is to consider all representations made before the NTO is issued. This is substantially prejudicial and thus the PCN should be seen as void.

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

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.

Link to post
Share on other sites

I am aware of none on this specific point but on the broader point of non-compliance there is an important decision. It is London Borough of Wandsworth v Al’s Bar and Restaurant and can be read here:

 

http://keycases.parkingandtrafficappeals.gov.uk/docs/WandsworthvAlsbar.doc

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

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.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...