Can/should I contest my parking ticket issued by the council?

MAFERGAL

Hi, I've tried researching contesting these parking tickets but I can't really find anything to cover my scenario.

I was parked in a council train station car park yesterday. I was not parked on any yellow/double yellow lines (of which there are many), hatched areas (again several), pavements/walkways, I was also not blocking any exits/entrances, I was not parked on a bend etc. I was basically parked against the kerb like you would if parking on a street. When I parked there was a national rail van parked in a similar position just in front of me and one about 20m behind.

There were no signs on the pavement to say no parking in that area. All of the bays were full and I did look to see if there were any 'No parking signs' or restrictions but I could not see any.

When I got back to my car tonight and found the ticket, I took photos and I looked again for signs. There is one about 30-40m away, around the corner next to the disabled parking bay area that says 'Park in marked bays only'. The way I drove into the car park I did not pass this sign. I couldn't find any other parking restriction signs other than 1 that was reference to the disabled bays. This sign was directly below the 'Park in marked bays only' sign.

The reason for the ticket has been written as, 'LEFT NOT WHOLLY WITHIN A MARKED BAY'. I was not parked in a bay, there were no markings on the road whatsoever or signs to indicate that I should not park there.

Do you think I have a case to contest? I would not have parked there had I thought there was a chance I was contravening any regulations.

Any advice and knowledge on this greatly appreciated.

Thank you

Coupon-mad

You have said it's a Council ticket and yet you have cited a contravention that is NOT a Council code:

'LEFT NOT WHOLLY WITHIN A MARKED BAY'

So who issued the ticket and what is the heading on the ticket? PENALTY?

MAFERGAL

Coupon-mad wrote: »

You have said it's a Council ticket and yet you have cited a contravention that is NOT a Council code:

'LEFT NOT WHOLLY WITHIN A MARKED BAY'

So who issued the ticket and what is the heading on the ticket? PENALTY?

It's a council ticket issued by Telford and Wrekin Council. The header says 'Notice of Standard Charge' but the research I've done seems to suggest this is the same as a penalty charge notice...?

There is no offence code stated (other research seems to suggest there should be an offence code but I'm not sure).

esmerobbo

Does it look like this?





Seems the council may not have decriminalised parking, that could end up in Magistrates court.

MAFERGAL

Thanks, it's the same colours but it's not the same. I will try to upload the pictures now.



Reverse

http://i1366.photobucket.com/albums/r774/ma12310/P1090087_zpsae7010ae.jpg

Coupon-mad

Never seen one of them but it reminds me of an Excess Charge that some Councils issue, which unfortunately are harder to wriggle out of than a normal PCN.

I would post on pepipoo asap if you haven't already as you only have 7 days to appeal.

http://forums.pepipoo.com/index.php?showforum=30

HTH

MAFERGAL

Thanks, just done it. Not been able to find much info anywhere on this type of charge notice.

Dimey

Aside from the legality of the ticket which you'll suss out from others.

I parked in a railway station car park along a kerb but I thought it was free as there was no fee sign and I couldn't see tickets in other cars.

On my return I'd got a parking ticket. I paid the money but at the same time appealed and sent a photo of the street with no signs to say I should have paid.

I won due to the photographic evidence showing no sign. They refunded my money. Turns out there was a sign much further away but not between where I'd parked and where I walked into the station.

HO87

I was under the distinct impression that T & W had operated DPE (decriminalised parking enforcement) for sometime and a quick look at their website makes it clear that they do - talking of paying Penalty Charge Notices (very much a DPE term). However, I can find no notice that DPE has been formally adopted and other sources suggest that T & W do not operate DPE. That suggests that they may be in some sort of interim state or have only just switched.

What the OP has is an old style Standard Charge Notice (much like a Excess Charge Notice) that has been overtaken in the public mind by Penalty Charge Notices. ECN's and SCN's are the old-style of criminalised enforcement (keep in mind that if it isn't paid they are threatening the OP with the Magistrates Court). What is concerning is that the notice quotes a recent parking order which suggests the SCN is not old stock that had been used in error.

I stand to be corrected but I believed that if a council opted for DPE then that was it - either they enforced using the RTRA 1984 (old system) or switched to the overarching application of the TMA 2004. The whole idea at the cornerstone of DPE being that people were not criminalised for parking offences. I was not aware that a council could operate a mix of the two.

Other than going to Pepipoo I can't think of anywhere else you could go for some quick guidance.