Parking ticket advise needed please.

Wig

To OP,

Who issued the ticket? Who is the cheque to be payable to?

Write an appeal stating you are the Registered keeper (do not admit to being the driver and specifically refer to the driver in the third person if you have to refer to the driver.), Tell your story and ask for the ticket to be deleted. If it is a private company like Apcoa parking, you have no duty to tell them who was driving, and they cannot prosecute the registered keeper for the fine unless they can prove in court that the registered keeper was the driver.

If it is a council ticket, I believe they still have to abide by the same rules as private companies, and people on pepipoo.org can help you further.

If it was a highways ticket from a proper traffic warden, then the signage is incorrect and the ticket can be appealed and beaten the same way.

Also council or private car park, signs mean nothing unless there is board displaying terms and conditions (including wording on fees) that you have accepted by 1st seeing, 2nd reading, 3rd understood, and then 4th parking there.

If you did not see the signs then no contract has been formed (and that's only the 1st condition - you still need to read and understand it)
Vine vs. Waltham Forest (PDF link)

MarkyMarkD

I'm speaking from a common sense point of view, as devil's advocate.

I can't see any reason why ANY drop-off/pick-up zone would be available for indiscriminate parking at the weekend. That's mad. Obviously parking there all day will inconvenient those who are using the spaces to drop-off/pick-up.

But, on the other hand, the signage is not sufficiently clear.

On balance, though, there's nothing on the signs which says "it's ok to park here all day at the weekend". It says two things:

(a) it is a drop-off/pick-up zone; and
(b) it's OK to park there for up to 20 mins Monday-Friday.

That's all I'm saying.

gsmmad

ANY restrictions apply if stated on the sign....if the sign is lets say removed then you can park as you like, if the sign is vandalised and you cant see the times it displays, then again you cannot get ticketed...

It states that it is a drop off, pick up zone...Also it says you can park for upto 20 mins monday to friday ....Other than that i dont see any restrictions....its all about the way you interprate the drop off, pick up zone part....

I personally would have parked there on the weekend....i think you should appeal this as it seems like you can park there....You should win your appeal ....they can never take this to court because they would lose ...

Wig

gsmmad wrote: »

It states that it is a drop off, pick up zone...Also it says you can park for upto 20 mins monday to friday ....Other than that i dont see any restrictions....its all about the way you interprate the drop off, pick up zone part.....

Indeed, and if the signs (which are made to look very similar to highways traffic signs see above examples) are to be interpreted in a similar fasion to the method of interpreting highways signs - which a court would find it reasonable that they should be - then the hours on the lower half should refer to the activity on the upper half. and any hours or days not mentioned should be interpreted as unrestricted.

jblack_2

Thanks for the replies people:beer:.

The picture I posted was taken by the OH on her phone.

She was out shopping on our local high street today and spotted a traffic warden who operates there regularly. Purely out of interest she approached him and asked for his opinion on the situation, showing him the picture.

He explained that he knew exactly where the space was! Not just the car park. Apparently that used to be his 'patch'. He said without doubt the ticket had been issued incorrectly and that we should definately appeal it.:T.


J

Crabman

A traffic warden said to appeal the incorrect parking ticket? I had to read that twice to make sure!! :rotfl: :T

darich

no one has mentioned the marknigs on the road - if there are any.

IMO, it's a pick up/drop off zone and the sign states that parking is limited to 20minutes from Monday to Friday.
Outside those limits, it's still a pick up/drop off zone.

Due to my office filter i can't see the sign that the OP has posted but from what i can make out, there is nothing to interpret - it's a drop off zone with parking allowed for 20minutes Monday to Friday.
if you park longer than that wthin those limits, you risk being caught. Outwith those times, i expect it's drop off only so parking for a whole day would break the rules.

Well done if you manage to get away with it though!

seftonsun

The OP has still not, as far as I can see, said who actually issued the ticket. Was it it the local council? Or a priavte parking company acting on behalf of the landowner? Or maybe the Network Rail or their agent?

In any case it is clear from all the opinions on this thread that total confusion abounds relating to the meaning of the sign and the use of this parking bay. I have my own opinion, but really it is irrelevant. Basically if the ticket was issued by the Council you should appeal it immediately becase the signage is totally ambiguous. If the Council refuse your appeal (the usually do as they work on the war of attrition theory!!) then go to the Parking Adjudictor who will always find in favour of the motorist in such circumstances. If it is a private car park, then the ticket is in effect trying to seek damages for breach of contract/tresspass. As indicated in a previous post, write to the private company saying you do not agree with the ticket and dispute its validity based upon the confusing and ambiguous signage. Only admit to being the registered keeper of the vehicle or their agent and DO NOT divulge the deatils of the driver under any circumstances. You are not required to provide the driver's information to a private company unless the law requires you to (i.e. after an accident on the public highway) or if insruted to by the Court's. Tell them the signage is confusing and ambiguous and that you cannot agree to any payment being made in such circumsatnces. If they try and enforce this through the Court, attend in person and show the Judge the photo. When he's finished laughing he'll throw the claim out on the basis that when any contract or similar is ambiguous any claim will always be found against the drafer.

Forget all of the opinions expressed herein, do not pay the ticket, appeal if necessary and in any case just dispute any claim that is made. You cannot lose.

jblack_2

Apologies for not mentioning earlier;

The ticket was issued by the council.

Once again thanks for all the advice and comments:beer:.

J

jblack_2

darich wrote: »

IMO, it's a pick up/drop off zone and the sign states that parking is limited to 20minutes from Monday to Friday.

Outside those limits, it's still a pick up/drop off zone.

What constitutes a drop off/pick up time though? Personally I don't think it takes 20 minutes to do regardless of the day.

Maybe whoever put the sign up thought for some reason it may take longer or maybe less time at the weekend? If the sign had simply said "Pick-up/drop-off only, 20 mins max" then it would save confusion IMO.


J