Penalty Charge Notice .. dispute or not?

[pooface]

OK.

Just been to visit a friend of the misses... Parked up outside of her house, and saw one of her neighbours looking over the fence at us... Looked like one of those real nosey neighbours, and made me wonder why he was looking over at us like that...

Anyway, went in to friends, was chatting, etc etc. Went to leave about 45-50 minutes later, and there was a penalty charge noticed on the car... Friend said that it is an area where a permit to park is needed, but since it's a bank holiday, thought that it would count like a Sunday, so never mentioned anything to us. Said that we wondered why neighbour had looked funny at us, and so checked, and couldn't see any signs or anything, so didn't think anything wrong. Friend had said that there's just a sign as you drive in to the road... Here's a mini map of the area:

25683

As you come off the B5350 on to Kingfisher Way, there's a little sign at the top saying that it's a permit required zone. But, there's nothing on any of the streets to say you can't park without a permit... It does state on the sign Monday - Saturday, 7am - 6pm (or something to that effect). So, I assume there's possibly no way of getting out of it, but surely they should state right by the roads that you can't park there. Heading back up the B5350 in the opposite direction where it states Forest Road), there are signs all along there where people can park stating something like 1 hour, permit parking and hours or something like that...

But, is this something I can challenge? Looking on council website, here:


http://www.charnwood.gov.uk/pages/preferentialparking

It states:


PLEASE NOTE: Parking restrictions remain in force 365 days a year, including Bank Holidays, unless the adjacent parking signage states otherwise. Please always check the parking signage and road markings at the location where you wish to park before parking there.

So, because it was a bank holiday, and there was nothing stating bank holidays not included, we're stuck I guess. But, then again, there was no adjacent parking status saying we couldn't park there, never mind saying we could...

So, anyone got any background in this? Anyone with some legal backing who could help?

Feel totally peeved that this has happened, and thing the git who was watch us, was the one who called it in... He could've at least told us!!! :( lol

Thanks in advance anyone who can help :)

[punisher]

CHEEKY BASTARDO... I've almost been stitched up like you were... sadly I don't think you can get out of it but you could try under the grounds of "you have 1 sign for an entire area, no little signs next to the streets..." but I can see them saying... "you should have read the sign on entrance..." then your gonna wana feel like smacking em lol

[Stanman]

I belive the legislation allows them to only have parking restriction signs up when you enter a controlled zone.

Having said that I did win my appeal last year and it was purley on the wording of the penalty charge notice - it had a within in it and it was invalidated.

The annoying thing is I missed my first appeal and they Council turned up - I was there at 3PM rather than 1PM but luckly adjudicator relisted it and the new one was the one who had already ruled the notice was faulty so no need for me to argue anything but the bastards had been taking money from people knowing this.

I used this forum and its really useful.


http://forums.pepipoo.com/

[Rob van der Does]

I belive the legislation allows them to only have parking restriction signs up when you enter a controlled zone.
That's the same then as we have in the Netherlands. Very misleading: after driving (for a long time) within that area you are supposed to still remember what restrictions are there. The only 'valid' reason for that I can think of can be to get money out of the pockets of visitors.

[Stanman]

Thats the only reason Rob, the law abiding motorist is a cash cow:mad::mad:

[dlmlus]

check out you tube, you may get a surprise, as i did.

apparently if the land you park on is owned by the council, then effectively you own the land.
from what i understand any land the "council own" they hold in trust for the people.
so you should not be charged for parking on your land you own.
remember it must be council owned.

somewhere on youtube it tells you what to do about parking fines.
dlmlus

[Conaxthewarrior]

Where I live, in a block of flats ,the propery firm have recently put up a sign post clearly stating that non residents vehicles parked here will get a ticket - even gone as far as painting yellow lines on the kerb opposite each 36 car parking lots so that parking against the kerb has also been stopped. Strange thing is, there never a parky in sight, its the same firm as town center parkies where just a few mins illegal parking gets you clobbered £50.
Unfair you should have got a ticket for 50 mins on a bank Holiday.

[pooface]

Well, I put an informal challenge in with pictures stating how badly designed it is, and it's unclear... Doubt that I'll get anywhere unless I put a formal challenge in, but hopefully will get away with it...

[Mad Hatter]

Where I live, in a block of flats ,the propery firm have recently put up a sign post clearly stating that non residents vehicles parked here will get a ticket - even gone as far as painting yellow lines on the kerb opposite each 36 car parking lots so that parking against the kerb has also been stopped. Strange thing is, there never a parky in sight, its the same firm as town center parkies where just a few mins illegal parking gets you clobbered £50.
Unfair you should have got a ticket for 50 mins on a bank Holiday.

Private parking companys cannot issue PCN and are legally only enforceble for actual loss in a county court

[manicscrewdriver]

I had a parking Ticket about 8 years ago when i parked in the Safeway Car Park in Aberdeen for more than 2 hours. I had the usual ticket stuck on the Window, which promptly went in the dustbin when i got home.

About a month later the usual were going to take you to court threatening letter arrived through the door which also went in the dustbin. 8 years later i still haven't been to court :D

Most of these companies are full of hot air.