What do you guys think?

spindoctor

Hi all.

Sorry to dive in with post one/question one, but I guess that's often how people come here sadly.

Anyway, I was awarded an Excess Charge Notice today at a car park in Southwold. The quick story is this: We arrived at the car park, and wasn't sure if it was a free car park out of season (quite common in Norfolk and Suffolk) or not. So obviously we went to the sign nearest to us which happened to be at the main entrance to the car park. We were met by a sign which had a great big sticky taped cross right over the whole sign. We thought this to be a tad ambiguous at best, so looked around to see if other people displayed tickets. None did that we could see.

Anyway, we decided to wander on to the pier and ask in the shops. This gave us mixed messages so we thought we would bite the safe bullet and grab a ticket. We had been away from the car for a maximum of 12 minutes. When we got back the warden was there at our car. I tried to explain we had come back to pay following the misleading sign, but he didn't want to know. He said the sign was an old sign and no longer relevant. We tried to argue our cause but were met with the predictable 'argue it in your appeal' response. Even though we had explained our valid concerns and he hadn't even started to write the ticket, he still took pleasure in then writing it out.

He fist marked our car at 14:10, and then again at 14:22 when we were there with him (though the date on the picture I took following our argument was stamped at 14:26, so I think he extended this time based on how long we argued!)

Sorry to babble on, but that's the background. We really were confused by the board, and genuinely came back to buy a ticket. It was only £1 for crying out loud. Like we would risk a fine of £45 for that? I can now obviously only kick myself for going away to make sure. I should have just got a ticket for safety

If anyone would like a look at the picture of the sign, there is a link in post '12' kindly inserted by TrickWicky - as a noob can't post links

The cynic in me thinks this is a deliberate attempt at confusing people into a false sense of security. I'm sure this is not the case, but there were many tickets posted on windows today at this car park that's for sure!

Thanks for reading this far.

trisontana

Was this a council or a private car-park?

spindoctor

It was council run.

edit to say... that the company I appeal to seems to be private. I presume the council contract out?

TrickyWicky

Get a photo of the sign if you can and argue it.

Are you sure it was a council run car park though? - the ?£45 fine amount sounds like a PPC car park to me. Councils are usually £70/35 or £50/25. London has different rates though..

spindoctor

I have a pic of the sign and it's on imageshack (but as a noob I can't link it here), but if there is a way I can share the link with you I would love to

The heading of the Excess Charge Note is Waveney District Council. The fine is for £70, but then states if we pay within 7 days it will be reduced to £45. If we appeal, it will be the full amount. Nice.

TrickyWicky

Is Waveney part of london?

Also if you appeal it shouldn't be the full amount. Different rules might apply to London though. If this isn't London then they don't have the power to insist you pay the full amount and you can point this out to an adjudicator at the traffic penalty tribunal.

This sounds dodgy to me. What is printed on the ticket? - Is it a code 83?

sarahg1969

TrickyWicky wrote: »

Is Waveney part of london?

Also if you appeal it shouldn't be the full amount. Different rules might apply to London though. If this isn't London then they don't have the power to insist you pay the full amount and you can point this out to an adjudicator at the traffic penalty tribunal.

This sounds dodgy to me. What is printed on the ticket? - Is it a code 83?

An excess charge notice would not go to the Adjudicator. If you are given an ECN, you'd have to argue your case in the Magistrates' Court. It's one to pay, if you want to avoid hassle.

spindoctor

No it's in Suffolk.

It does state on the ticket that: "an excess of £70 is now payable and should be made in the next 21 days. The charge is reduced to £45 if paid within 7 days and provided no appeal is lodged. If you appeal, you will loose your right to pay the reduced charge of £45."

No code on the ticket that I can see. Just a small pink slip really.

Thanks for your help though. ALthough I do wish I could post you the link to the pic of the sign.

TrickyWicky

sarahg1969 wrote: »

An excess charge notice would not go to the Adjudicator. If you are given an ECN, you'd have to argue your case in the Magistrates' Court. It's one to pay, if you want to avoid hassle.

I've worked for two councils and two PPCs. I've never encountered an ECN. Would I be correct in thinking that these are issued by councils who don't enforce on-street parking but just their own private council car parks?

TrickyWicky

spindoctor wrote: »

ALthough I do wish I could post you the link to the pic of the sign.

PM me the address (don't use the http:// bit) and put the odd space in. I'll post a link here in the topic for you.

spindoctor

I've posted a pm Tricky, thanks. I'm not sure whether it's got through to you though. Let me know. Can anyone pm me?

I just want a second opinion of the sign before I decide to appeal or not. Especially since I will be paying more if I loose. And from reading about ECN's, they appear more difficult to fight.

Perhaps I should jump over to chat, and post a load of drivel to upgrade me from noob