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Council Parking Ticket for Parking inside a worn marked bay

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Hi I have recently received a council parking ticket for parking in what appeared to be a parking bay outside of a Premier Inn in Northampton, I paid the correct amount to park in the car park overnight but having come out in the morning found a ticket on my vehiclemad.gif

 

 

I contacted the council and was visited by two parking wardens who couldn't explain why i had received a ticket for where I was parked as they too could clearly see the worn markings.

 

 

Having challenged the fine with the council directly they have rejected my initial appeal as they claim that this isn't a parking bay at all, and that the fine had been issued correctly.

 

 

I have now looked on Google Street view and the historical photos of the site show that this was part of the car park (a double bay) before the premier inn was built, however the markings are still present and my vehicle was not causing an obstruction to other users of the car park,

 

 

does anyone have any advice on how to take my appeal forward or the grounds to base it on?

Northampton 2.png

Northampton 1.png

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I am unable to post links sad.gif

 

the address is Swan Street, Northampton,

 

Aerial View

Northampton 3.png

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They claim that the contravention was for the van being "Parked beyond the bay markings"

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There's nothing to indicate that piece of land is part of a council car park, no signs and separated by the brick wall from the rest of the main car park, so are the council actually able to enforce any parking on that land. On GSV there is a notice at the entrance which looks like it has something to do with Premier Inn, but can't read it clearly.

 

On the other hand if it is a car park then the only markings are the faded ones and you're parked within them.

 

Seems they want it both ways.

 

I'd want to see the Off-Street Parking Order for that piece of land.

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The main question is If it is still a council run car park, have I erred in parking inside the faded bay, are there any rules for improper bay markings?

 

 

The Council operatives ticketed my vehicle in the dark, I spoke to their wardens about the ticket not long after I took the above photos in the daylight so they were able to clearly see the faded markings

 

 

The rub of it is I paid the parking fee for parking overnight, it just seems like they want double bubble because I am in a van.

 

 

They have already knocked back my informal appeal based on the bay markings stating that "there is no bay there", but if the bay had been discontinued why were the markings not burnt off.

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Need to see the PCN (minus reg and pcn no), your reps and their reply. Host on tinypic or flikr and post IMG links here

 

What do the council photos show? Enter details here to see:

https://payments.northamptonshire.gov.uk/#_ga=2.98477407.1946825584.1510748965-65791704.1510748965

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https://goo.gl/maps/uAX7PU1BbXB2

 

Was this notice on display at the time?

 

 

Just about make out what is says:

 

These parking spaces are part of Albion Place car park and require a pay and display ticket.

Failure to display a valid ticket (may?) result in a penalty ticket being issued

 

 

So if the parking spaces are not where the faded lines are, where are they?

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It appears that by comparing the google SV image and your photos you were parked on the entrance to the car park and not in a bay at all.

 

Your argument could be that as it was dark and all of the lining out was so poor you thought that you had parked in a bay because that is what is indicated by the remnants of the paint job.

 

Now this may well be accepted at a formal appeal,

the council are unlikely to change their minds because they have a bit of paper filed in their office that shows the roadway,

the parking spaces etc

and as far as they are concerned it is perfectly clear.

 

If they got off their backsides and looked at the various relict paint,

the trench scars where servcies have been laid etc

they would soon realise that it is not that straightforward,

let alone at night where it is as clear as mud.

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Exactly my point to the two parking wardens,

which they agreed to saying that the fine should not have been issued,

 

and as you have said the robot in the office is just looking at the plan of the car park and said that there wardens should be fully aware of the restrictions in place and advise accordingly.........

docs1.pdf

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The discount period has now passed, so you have nothing to lose by making representations to the Notice to Owner when it arrives and further appealing to adjudication. Even if the adjudicator refuses your appeal it won't cost any more than the £50 penalty.

 

I'd put your chances only at 50/50, so it's your choice.

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when you upload stuff

do it to PDF and only one multipage file please

read upload


..

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I will appeal to the council again stating that the parking bay markings within this car park are unclear and misleading................

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