Parked in same place for weeks - now a PCN **WON - REFUNDED**

[shortwoman68]

My father parked on a road near his home in a parking bay which he has been doing for a number of weeks. 

He has seen the warden past his mini bus and other vehicles on the same road on a number of occasions and not issue any tickets.

 

However on 30th April, my father parked in the same place he always does and saw the warden again who walked passed his and other vehicles on the road, then returned and placed a ticket on his mini bus.

 

My father confronted him about this and was told that he could not park in this place.

This was despite there not being any signs stating that there was no parking or any permits were required. 

My father was then sent a PCN ticket with a 12R violation:-

 

'Parked in a residents or shared use parking place without clearly displaying either ... or voucher or pay and display ticket issued for that place – Contravention Code 12. ... 12R means no residents'

 

Obviously my father was very angry about this and contested the PCN as my father's mini bus was the only vehicle that had a ticket and the vehicle in front did not. 

My father received a response stating that he had parked in a bay that was for residents and they were not concerned that a ticket was not placed on other vehicles only that it was placed on his.

 

They also sent a picture of a parking sign on the other side of the road near a bay which was not where my father parked. 

Despite this they still want him to pay the fine. 

 

Who is in the right, my father or the Local council? (Pictures are attached)

 

[Michael Browne]

What's the exact  location? Post a google streetview link

[shortwoman68]

The road is called Ladycroft Road.  The google street link is below.

https://www.google.com/maps/@51.4641067,-0.021075,3a,75y,226.16h,71.93t/data=!3m6!1e1!3m4!1sZl_Nr-p9EB6Gvk5cWIuPZA!2e0!7i13312!8i6656

[Michael Browne]

Thereis a missing sign :

https://goo.gl/maps/j8zgZ6yxujuB6S3o7

 

although there is a sign round the corner:

https://goo.gl/maps/DoUVK3DXMRQ2HU3H7

 

If your father lives in the area he must be aware of the CPZ  and it's restrictions, why does he noot have a resident permit?

[shortwoman68]

Although my father lives in the area, he is not allowed to park there 2 hours out of the day hence the reason why he parks elsewhere along with other residents who live on this road.  As a pension, he does not think that it is right that he should pay £120 for the year not to park for 2 hours a day for 5 days on his road.  Himself and other residents have written to complain to the local council about this. 

 

However, as stated previously although there are signs elsewhere on the road such as across the road and further up the road, there is no sign where he parked.  This is the reason why he parked there. 

[Michael Browne]

Having made an informal challenge and been refused, he has 2 choices - pay the discount or wait for the NtO and make formal representations on the grounds of missing/inadequate signage at which point the full penaltyof £130 is in play.  The council will almost certainly refuse it.

 

He can then appeal to an adjudicator where if it becomes apparent that  he is a resident in the adjoining CPZ and is refusing to buy a resident permit on principle, but is knowingly parking  in contravention somewhere else, even with the missing sign I can quite easily see an adjudicator refusing an appeal.

 

If he continues to park there, he's likely to get more pcns, which will end up costing more than £120 a year. But it's his principle and his money.

 

How did the last PCN end up?

 

[shortwoman68]

Thank you for your reply.

 

Unfortunately he ended up having to pay for that one although there was not a sign anywhere near where he parked yet again including a pole, there was one which I did notice at the beginning of the road where he parked but high up.  

 

I will relay this information to him as I do understand your point in this matter.

 

Many thanks 

[ericsbrother]

If it is a CPZ each bay wont need a plate but if each marked bay is listed separately as resident parking ( you will find the wording in the Traffic Order somehting like "for 26m north of the junction with anyroad to 33m north of the same and for 11m north of that junction to 135m from the same there will be marked bays where the following restrictions apply") the marked bit is the point here as they will need the signs to denote the restrictions in each bay if the wording doesnt create a zone, esp where there are yellow lines between them, which must have their own plates if SYL.

 

 

[Michael Browne]

30 minutes ago, ericsbrother said:

If it is a CPZ each bay wont need a plate but if each marked bay is listed separately as resident parking ( you will find the wording in the Traffic Order somehting like "for 26m north of the junction with anyroad to 33m north of the same and for 11m north of that junction to 135m from the same there will be marked bays where the following restrictions apply") the marked bit is the point here as they will need the signs to denote the restrictions in each bay if the wording doesnt create a zone, esp where there are yellow lines between them, which must have their own plates if SYL.

 

 

 The CPZ restriction times apply to SYL's  within that zone and not parking bays, so SYL's do not require their own timeplates.  Each parking bay within the zone must have it's own timeplate, even if, as is often the case, the restricted times are the same as the CPZtimes

[shortwoman68]

Just an update on my fathers parking fine.  I sent a complaint to our local MP regarding this and it was investigated.  The LA sent him a letter apologising as they admitted they were wrong to issue a parking ticket where there were no visible signs and refunded his money. 

[dx100uk]

hey well done!!

 

dx