Local Authority PCN Appeal

Joeymo

Evening Everyone!!

I've recently been issued a parking notice by the local council and already had my first 'informal' appeal rejected.

I've read the advice on the site and was hoping for some further advice/opinion before if I decide if I'm going to pursue the appeal to the next stage (when the notice to owner is served- and charge doubled!).

I arrived at the pay and display machine which stated:
0-30 minutes - Free
0-45 minutes 20p and so on....

I'd already spotted a parking attendant close to where I had parked and asked where the nearest pay and display machine was. As I was only going into the bank around the corner I felt I would be back to my car easily within the 30 minutes, so I didn't pay.

I returned exactly 5 minutes later to find the parking fine had been issued (I work in local government myself and it's rare to see efficiency to that level!!). He advised that the notice was issued as I didn't have a valid ticket and took me to the Pay and Display machine to show me the requirement was stated. My argument was that the sign wasn't clear as the requirement for a ticket was included but not in the charges section and that it was harsh as my only failure was not pressing the button for a ticket.

The attendant went on to say that without a ticket, he would have no idea of how long I'd been parked - a valid point you may think. However as the area seemed to be swarming with traffic wardens I presumed I would have been easily identified had I stayed longer than the half hour and told him this. The warden even said that many others have made the same error when I mentioned I wished to appeal, and said he would log my complaint and explanation (it would appear this was said to appease me as there was no mention of this in the appeal rejection despite stating this).

Anyway to cut a long story short, my appeal was rejected as they said the sign was within legal requirements and the onus is on the driver to check any parking requirements.

I still feel aggrieved, and my dilemma now is, do I wait and appeal further and run the risk of paying a £50 fine or do I pay the fine at the reduced rate of £25 (effectively saying I'm at fault) from my loose copper jar

In short I think I'm trying to say:

Do I have sufficient grounds for appeal under mitigating circumstances?

Thanks

Joeymo

Anyone?!!

Time is of the essence peeps!

spacey2012

You need to go to http://forums.pepipoo.com/
And keep it simple, they may have made a technical mistake.
Scan the ticket both sides
Been in a rush and not reading the machine is not an appeal point, the warden is there to stick as many tickets on cars as fast as possible and was the last person to ask for advice.
If they have slipped up on the ticket and they do, you may have an actual "valid" point.
Do exactly as they instruct, or you get ignored, they have very little time to correct people who can not follow site instructions.
Good luck

Orford

Without pictures of any signage and wording on the ticket machine, it's impossible to judge how misleading they were.

Joeymo

Thanks for the responses.

Orford, my next step is to take clear photographs of the sign and will post these up.

Spacey, I appreciate the link you sent, very useful. Interesting that you mention the only way I could win an appeal is on a technicality?

I would have thought I had grounds for mitigation, based on the fact the warden basically agreed with my stance (hard to get that in concrete- I know, but he basically told me loads of people are caught out) You'd presume a reasonable person would think it's less hassle to press a button for a ticket than go through a long winded appeals process or pay £50 for 5 minutes parking!

But this is my first appeal and post and hence the request for more advice.

Thanks again.

Umkomaas

Please do not rely solely on mitigation, we've seen every appeal based on this FAIL.