Any Parking Ticket experts out there?

[ParkingApp3al]

Name changed for obvious reasons. I have had my appeal against a parking ticket rejected, and need to decide whether to appeal further.

Parking ticket is £70 reduced to £35 if paid in 14 days. If I opt to go for appeal there is no half-way option. I would have nothing to pay if I win, £70 if I lose.

I parked in a permit holders only bay because I misunderstood the sign right in front of the space where I parked my car.

As per the photo, the sign says permit holders only Mon-Fri, & pay at machine on Saturdays. I parked in the space on a Sunday. For context, all the public car parks in town are free on Sundays and as Sundays were not mentioned on the sign, I took this to mean this car park was also free and that it was OK to park there.

The council have rejected the appeal and sent me a photo of a small sign on an adjacent building which says the spaces are for permit holders only at all times.

My argument is that it is not reasonable to look for a sign somewhere else in the car park, when there is a sign right in front of where you are parked. Surely, It would be simpler to have a sign that just says permit holders only?

So to the jury.

AIBU and should I pay the reduced fine?

Or AINBU and is this worth taking to further appeal?

I’m afraid you need to pay the fine
You won’t win
It’s not worth any more of your precious time

There’s a great group on FB @ParkingApp3al called FIGHT YOUR PARKING INVOICE #1 appeals forum.

Join the group, read the guidance and post your situation, I’m sure they’ll be able to give you a good idea of whether it’s worth your while appealing. Good luck!!

@UnexpectedItemInShaggingArea

My DH's adjudicator used the "reasonable person" test. I.e. would a reasonable person read that sign and assume that it was okay to park there. That's why I think you have a chance.

But a reasonable person would read the sign and then check to see whether they were in an unnumbered bay or not, surely? And if they weren’t, would then look to see what rules applied to numbered bays, as they would have reasonably deduced that the first sign wasn’t relevant to them?

I'd just pay.

I had one due to a poorly signed car park and it dragged on for over a year.

I did not have to pay in the end but that was only due to a silly error of the parking company, not related to the ticket. A GDPR error.

It just kept going on and on and on.

I’d pay because I suppose the numbered vs unnumbered bay thing is clear enough. I think you need to chalk this one up to human error.

Presumably the numbered bays actually belong to the leaseholders of the flats and are their property.

Did they send you a picture of your car parked in situ to validate their claim? If so are you able to post it here(blank out your number plate), so we can see from their perspective why they are claiming you were in the wrong.

Personally, I think I’d take the chance to appeal. Can they prove you were in a numbered bay? You say you were parked closest to the first sign. Are there any unnumbered spaces there you could have been parked in? Onus is on them to say you parked unlawfully. If the photos of your car don’t show a numbered space, they fail to prove you parked in one.

@TheOnlyLivingBoyInNewCross you might well be right, but the fact that it was Sunday, which is not mentioned in the sign, gives me hope for the OP.

@thewhatsit

I’d pay because I suppose the numbered vs unnumbered bay thing is clear enough. I think you need to chalk this one up to human error.

Presumably the numbered bays actually belong to the leaseholders of the flats and are their property.

But the sign about numbered bays is behind a building. Op couldn’t be expected to see it.

I would appeal as the sign they are referring to says “Named leasehold tenant permit holders at all times.”
To me if that was on a building behind you then I would expect it to mean that the bays would have names on.
If yours didn’t specify a name and your nearest sign was the one in your op then I would definitely appeal.

I have come across several companies and councils who think that they know what they mean and think we should know what they mean too. Even when it is at odds with their terms and conditions.
Last one I had involved a council saying I should have known not to drive in a certain direction up a road, there are plenty of signs. But the signs were placed on roads I did not drive on. They argued I should have known as they had sent letters to all residents (I was not a resident) and had advertised the new road restrictions in the local press
(I didn’t live locally)

They rejected my appeal so I opted to take them to court where I won.
What the judge wrote seemed to indicate that the council should ensure that signs saying what they want should be clear as to be read on their own and in good time as to make sure that after passing the warning sign there was an alternative route to take and not place the sign in such a position that it didn’t give any opportunity of an alternate route and expect people do a 3 point turn in the middle of a busy 4 carriageway route with cars doing 40mph

I think you need to weigh up if it is worth your time to appeal or just pay the £35 now and and done with it.

You will have another letter which you will have to deal with if you appeal and possibly another and then a higher fine and then if it goes to court?

My letters were every month or so and it just dragged on and on .

Always appeal. I always do, and 9/10 get it rescinded.