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London Borough of Hammersmith & Fulham Ticket

Hi there

Before I'd discovered this forum to help with my UKPC tickets (which they've now cancelled WOOP!), I'd also been given a ticket from Hammersmith and Fulham council. I'd paid at the pay and display on a Saturday afternoon for an hour, but annoyingly the bay was residents permits between 2pm and 4pm. I felt the signs were misleading and confusing as they were marked 'Pay and Display' but I was given a ticket as they'd changed to residents during the time I was there. It annoyed me a little as the warden was clearly waiting for me as they isued the ticket as I'd walked off out of sight.

The council have responded with the below. As this isn't a private company am I best in just paying and letting this go or would it be worth taking the case further per the below?

Dear Sir

Location : EMPRESS PLACE

Thank you for writing to us about the above Penalty Charge Notice (PCN).

I have carefully considered what you say and all the available evidence, but I do not agree that we should cancel your liability for this PCN.

At certain times, parking in this area is restricted to permit holders only. This PCN was issued because your vehicle was parked without a valid permit during these times.

The hours of `permit holder only` parking are from 6.30pm to 8pm in the evenings Monday to Saturday & from 2pm to 4pm Saturday afternoon. These times are shown on the signs next to the parking bays in the area. These restrictions are intended to give priority to permit holders at times when there is a high demand for parking, i.e. in the evenings and during special events.

Pay and display tickets are not valid during `permit holder only times`. The restrictions are mentioned in the Conditions of Use on the front of the machine. All motorists intending to use the machine are expected to read and comply with the conditions of use. There are pay and display only bays, therefore the machines will continue to issue tickets for use in those bays.

Only visitors to residents of this area who have obtained an electronic `SMART visitor permit` may park during `permit holder only` times. If the resident being visited does not have access to a `SMART visitor permit` then the vehicle cannot be parked in the area between 6.30pm to 8pm in the evenings Monday to Saturday & from 2pm to 4pm on Saturday afternoons.

The PCN was issued on 18/10/2014 at 3:31pm, during a period of permit holder only parking. Drivers have a responsibility to check for parking signs and markings and park in accordance with them. I am therefore satisfied that the PCN was properly given within the law.

If you wish to pay at the discounted rate of £40, you may still do so, provided we receive your £40 payment within 14 days of the date of this letter. THIS OFFER WILL NOT BE REPEATED. Once these 14 days have expired, the full charge of £80 will become due.

How to Pay: XXX


How to take the case further: (if you believe you were legally parked)

1 If you do not pay, we will send a 'Notice to Owner' to the keeper. This form offers the keeper the chance to formally challenge the PCN, or to pay the full charge (by this time it will be too late to take advantage of the discount). If you are not the registered keeper, let them know what you decide to do.

2 If we still disagree with you, the keeper can take the case to the Adjudication Service. The Adjudicator is independent and his or her decision is binding on both sides.

Yours sincerely

Comments

  • Umkomaas
    Umkomaas Posts: 42,946 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Taking it over to PePiPoo will be your best bet for council tickets. Here's your link:

    http://forums.pepipoo.com/index.php?act=SF&s=&f=30

    Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post - but as a minimum you will need photos/scans of all correspondence you've received from the council (both sides, if appropriate).

    PePiPoo has an excellent success record in dealing with council tickets.

    HTH
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Thanks very much, I'll give that a try.
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