Council put up a parking sign while I was gone - worth appealing?

Leeroy909

So I parked overnight on what looked like unrestricted land in Manchester (I think it used to be a car park). When I got back to the car the next day the council had put up a parking charges sign and uncovered a pay and display machine and popped a PCN on my car without any warning or notice. Obviously this seems grossly unfair to me, so I appealed it. This is what I wrote

"Hi, I would like to appeal this ticket on the grounds that at the time that I parked there, there was no signage or markings to indicate that parking was restricted. As shown in the picture I have provided, there was no parking tariff sign, and the parking ticket dispensers were covered.

When I returned to the car on 11/01 I found that a tariff sign had now been placed at the site, and a ticket had been issued shortly thereafter. I am therefore appealing this ticket as there is clearly no possible way I could have known that the area would be converted to a paid car park in my absence."



This is the response I received


It seems like they haven't even read my appeal. What do you think? Worth going further rather than paying the reduced amount?

Coupon-mad

Yes that is winnable as long as you are the registered keeper and will receive the NTO in due course.   You have to be the person who will get the Notice to Owner and then you can appeal all the way - you must!  

Repeat the same appeal and say as your 2 reasons for appeal that the contravention did not occur and there was a procedural impropriety because the machine and sign were placed or put into operation after you parked on xx/xx/2020.

Ask the Council to evidence the notes that the CEO who attended the site when the workers were installing the new machine and sign (or removing the covers from them) must have made in order to exempt and record the VRMs and wheel valve positions of cars that were already parked. They should not have been ticketed if the cars had not been moved, and this is what has happened.   This is a clearly a procedural impropriety and you will take this case to the adjudicator if they fail to cancel it.

nosferatu1001

Of course it is winnable. They have completely ignored that signage was NOT in place at the time of arrival.

D_P_Dance

It is always worth appealing a council PCN imo.  

beamerguy

After a failed appeal, they must offer you the chance to appeal to the Traffic Penalty Tribunal
You will normally win, I have won twice with TPT
Send them a freedom of information (FOI) as to the date and time they installed the sign
They have to have records

D_P_Dance

I have also won twice, they are very fair imo.

Leeroy909

Thanks for the responses folks, I will wait for the NTO and keep you updated. @Coupon-mad, the only pictures they have are of my car and the sign at the time the ticket was issued. I will write what you have advised on the appeal.

@beamerguy Thanks, I've put that FOI request in.