Pay & Display Car Park Ticket/Fine

[iwgunter]

I went to do a spot of fishing the other day and parked up at the station car park then walked through and did the fishing.

 

On returning to the car I found a Fixed Penalty Notice issued by NCP on my windscreen.

 

 

I couldn't see any signs for the Pay & Display car park or machine. I finally found the sign behind a wheelie bin.

 

 

Do you think I'd have a leg to stand on regarding the sign being obscured? I never bought a ticket as I didn't realise that it was a Pay & Display car park!

 

Ian

[lookinforinfo]

Those are grounds in your defence yes.

Against that- would you expect free parking at a railway station?

Did you not notice other cars with their tickets showing on their windscrens?

 

You have a leg to stand on, but doubtful about both legs.

[BotB]

Against that- would you expect free parking at a railway station?

 

Parking is free for train users at my local station. No doubt that will change in time though.

[amandafairman]

As an ex Traffic Warden, I would argue the fact that there is no postcode on the PCN

[amandafairman]

Also, from what I remember, you used to be given 5 minutes to actually go and get the ticket from the machine as the machine is not in front of you. Therefore, the earliest the |PCN should have been issued is 09.20 after the 5 minutes observation, I wouls also strongly use the photo as the machine and sign is not clearly displayed, take this to an adjudication service, most people win when going all the way. Good luck

[dad]

1. As a station carpark is a railway and not a road I think you still have to be convicted by a court before you can be fined - been to court? Nope didn't think so!

 

2. Railway byelaw 24(4) says:

 

Notices

No person shall be subject to any penalty for breach of any of the Byelaws by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular Byelaw was displayed.

[iwgunter]

Cheers, I wrote them the following letter...

Dear Sirs

 

My car was parked at Roydon Station on the 19th September 2006 unaware that it is a Pay & Display car park.

 

When the driver returned to my car a parking ticket was found on my windscreen.

 

I am disputing this ticket for the following reasons.

 

1. The only sign post the driver could see, and that the station master knew about, was obscured by wheelie bins preventing users of the car park to see the terms and conditions of use – please see attached photo.

 

2. The time my car was first seen was at 9:13am and the time the ticket was issued was at 9:17am giving a time difference of 4 minutes and not the 5 minutes you are given to get a ticket from the machine.

 

3. The parking ticket was issued in a pouch reading “Fixed Penalty Notice” which is a specific legal term that must only be used for tickets involving criminal parking offences. This does not cover this parking contravention as described under The Administration of Justice Act 1970.

 

I will be informing the police of this blatant flouting of the law by your company unless my ticket is cancelled forthwith.

 

 

 

Yours faithfully

I sent it before dad said about the byelaw. I'll save that for their reply I also liked the message I saw on here at http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/20701-parking-charge-70-euro.html where brechinier writes

I will accept two free letters but any third letter received; would trigger the acceptance of the fact that they would have to pay me an admin fee of £50 per letter, but the third letter would also be a free letter unless I received a fourth letter related to this matter. In which case I would have to charge for ALL four letters. I would invoice them and request payment within 7 days otherwise court action would follow on the 8th day. The terms are fair under the Unfair terms Act 1999 as this is for my time and expenses. Any fifth letter would trigger a harassment action under the 1997 Protection from Harassment Act, which I would be entitled to claim £5,000 in damages for mental anguish.