Newcastle City Council - Unfair Fixed Daily Charge Notice

[ninja_ww15]

I have recently recieved a Fixed Daily Charge Notice £30 whilst Parked in Richardson Road outside the Royal Victoria Infirmary. My wife went into labour with complications, I sent the following letter (below) to appeal.

 

 

At the time of parking my vehicle I was in the process of taking my wife who was pregnant to the RVI as she had began to go into Labour. We were advised by the RVI to bring her to the hospital as soon as possible as she was having complications. At the time of parking I needed to get as close to the Hospital as possible as she was in discomfort and was having difficulty walking.

 

I tried to park in the Maternity Bays at the RVI but unfortunately there were no vacant spaces at the time, therefore I parked in the nearest available parking space to the entrance. I parked in what I believed to be a Pay & Display parking space just outside the Leazes Wing entrance of the RVI on Richardson Road. I purchased a ticket at 1812 which would of expired on 21/06/2007 at 0942.

 

Once my wife was admitted to the Delivery Suite I obtained a Maternity Car Parking Permit from the hospital. I returned to my vehicle at 1940 on 20/06/2007, to collect the bags and move my car to the Maternity bays. I was shocked and angered to find I had received a Parking Ticket for £30, it was only upon reading the ticket that it became apparent that I had parked in a Fixed Daily Charge bay.

 

The ticket indicates I had elected to pay this Fixed Daily Charge, I dispute this on the basis that it was not clear that this was a Fixed Charge Bay. In my opinion I believe that it is misleading and that it is not adequately signposted. I now acknowledge that there is a sign adjacent to the bays and also on the Pay & Display ticket machine, however these are inadequate.

 

Throughout my wife’s stay at the RVI, I witnessed numerous other vehicles that had parked in the same bays and who also purchased tickets from the Pay & Display ticket machine, they had also been given parking tickets. I think this is evidence that these bays are not adequately marked and that people visiting sick relatives and patients of the hospital are being unfairly targeted. In my opinion there should be road markings in the actual bays with Fixed Daily Charge, therefore people would not make this expensive error.

 

I recently recieved a reply from the council saying that they are unable to waive the charge and that they are not permitted to paint markings on these bays.

 

It is an absolute disgrace they are delibaretly targetting people who are visiting sick relatives and also people who are ill and going to hospital. I spoke to one elderly gentleman who was visiting his sick wife and he made the same mistake as myself. The council has these bays right next to a Pay and Display ticket machine! They know that this is misleading and are cashing in on law abiding citizens who are actually purchasing tickets from the Pay and Display machine.

 

If anyone can advise me what to do. I dont want to pay this fine out of morals as what the council are doing is wrong. Thanks Scott.

[Rob S]

Scott, is the place where you parked within the hospital grounds or on the street outside the hospital?

[ninja_ww15]

No it is on the street outside called Richardson road which is right next to the maternity entrance. The whole of Richardson Road along the side next to the hospital is Pay and Display, however about 5 bays that are closest to the hospital entrance are the fixed daily charge bays. Very misleading as they are not well signposted and are located right next to a pay and display ticket machine!

[Rob S]

You may have to go the appeal route for this one. Take some photos of the offending bays and all the signage relating to it and take a look in the Traffic Signs Regulations and General Directions 2002. These regulations determine how signs and road markings should be.

 

The Traffic Signs Regulations and General Directions 2002

[sanddancer]

wish you had posted before contact with the council...

IF it was issued by a TRAFFIC WARDEN or Police then appeal via the court.

IF it was from a parking attendant.....They have nor have the council,any access to the dvla database and therefor cannot trace you...;)

[sanddancer]

One other point.....Parking attendants when issuing a ticket also take a photo. Request a copy to prove the sign is not visible in the same picture as the car.....no markings...no sign......NO CASE

[patdavies]

IF it was from a parking attendant.....They have nor have the council,any access to the dvla database and therefor cannot trace you...;)

 

Sorry, totally wrong.

 

They do have access to the DVLA database and will send a Notice to Owner to the registered keeper (as per the V5) after a period of 28 days or more from the date of the PCN.

[patdavies]

One other point.....Parking attendants when issuing a ticket also take a photo. Request a copy to prove the sign is not visible in the same picture as the car.....no markings...no sign......NO CASE

 

They might, but they don't have to.

 

A photograph may be used as evidence that the ticket was fixed to the vehicle.

 

It is certainly not true to say that no photograph = no case.

[ninja_ww15]

I'll photograph the signs and check that out. Thanks for your help. I have to pay by the 18th July. I think the council knows they are misleading people but they must make huge amounts of money from people like me.