What do you guys think?

TrickyWicky

Yup, I got it

Link to photo of sign for anyone who wants to see it on behalf of spindoctor:
Linky

spindoctor

Thanks Tricky, what do you think by the way?

HO87

The sign is not actually blocked out and the text is perfectly visible and legible. Unfortunately whilst I sympathise I do not see that the OP has much of a leg to stand on. Not to say that it isn't worth a letter of appeal.

Excess Charge Notices are not governed by the de-criminalised regulations established by the Traffic Management Act 2004 but by the Road Traffic Regulation Act 1984 (and thence by a local off-street parking place regulations).

@OP - Please do not be misled. The fact that Trickywicky has not heard of a ECN does not in anyway invalidate it or make it "dodgy". ECN's are becoming rarer (as more areas adopt DPE) but are quite legal though not subject of the stricter regulations insofar as their wording is concerned as their TMA 2004 Penalty Charge Notice equivalent. The council can pretty much use them as they see fit in terms of appeals or reduced payments are concerned.

The important aspect is that these will go to court if you fail to pay.

The car parks are managed on behalf of Waveney District Council by Waveney Norse Ltd.

spindoctor

Thanks for your thoughts HO87, and fair comment. All I can say is any other opinions?

I guess I would obviously appeal if there were no consequences. But I hate the way they raise the fine just by appealing. Not trying to put people off potentially valid appeals at all are they? Anyway, that's why I would like peoples opinions here first.

TrickyWicky

HO87 wrote: »

ECN's are becoming rarer (as more areas adopt DPE) but are quite legal though not subject of the stricter regulations insofar as their wording is concerned as their TMA 2004 Penalty Charge Notice equivalent.

Ah so it is for councils that don't operate on-street in SPAs under DPE. Thanks for the clarification.

bondy_lad

folks, i have seen this photo on another site,( the one posted by tricky is not as clear as the one i have seen), its clearly taped across,there is no arguement about it,,also what op originally told me,,as a result of this sign, several other vehicles had also recieved tickets,,,surely thats more than enough grounds for a successfull appeal,,,,several cars in the same place, same time,, all without valid parking tickets on?????? surely the councill would have to wave the fine????

spindoctor

Yes bondy....the warden was having a field day. When we first arrived and were unsure, we did briefly look around to see if we could see tickets in other windows but we didn't. Later on after our 'discussion', we looked again and I would say it was a 50/50 split. So around 40 cars without. Not a bad day for him was it? I'm sure their reason for none display would be the same as mine. And yes, the picture in the other forum is batter as I could paste it into my post.

I do still think any kind of defacing of the information could give me a case surely? It simply introduces ambiguity. Especially when the sign is at the main entrance.

spindoctor

No other opinions? 280 views and just 2 opinions? And I thought this was the happening place for consumers and victims of injustice etc, etc...

Thanks to all who have contributed though.

sarahg1969

spindoctor wrote: »

No other opinions? 280 views and just 2 opinions? And I thought this was the happening place for consumers and victims of injustice etc, etc...

Thanks to all who have contributed though.

If you want to appeal, then appeal, but you will be faced with a bigger penalty if your appeal is not accepted by the council. You then have the choice of asking for the magistrates to hear it. If that was unsuccessful, you'd have a fine, costs and victim surcharge, too.

Other people's opinions won't really help you here. You have the facts, and only you can decide if you want to take a risk.

AlexisV

Depends on the sign. Can't judge without seeing it.