Parking Charge

[MrsJonesisright]

Sorry if this goes on - it is making me feel quite ill and I have to explain it all.

DH went into local town week between Xmas and New Year. Parked in Council car park - was quite quiet - put a pay and display ticket on the dashboard. Picked up a prescription, went back to car (had been about 20 minutes). There was a CEO (I've picked up the jargon since), apparently writing in his machine near the car but not at it. DH had no reason to think it had anything to do with him - came home.

4 weeks ish later, get an NTO - contravention for not displaying a valid ticket. We responded with a copy of the ticket (we keep rubbish), so no contravention occurred, and that in any event there was no PCN visible on the car - if there had been, it would have been responded to within it's time limits in the same way (i.e. that a ticket was displayed).

Council have responded that there was a contravention as the car was parked in a long stay bay on a short stay ticket. Had not even occurred to DH that this was the problem - he just parked, didn't notice tarmac signs/arrows, but now clarified, he realises he had parked incorrectly. Had there been a PCN, would have responded as above and when the actual contravention had been clarified, would have paid within PCN timelimits.

Council's letter goes on to say that CEO's notes show that PCN was attached to windscreen, driver returned to car, removed the PCN, had a conversation with the CEO and then drove off. What??!! Goes on further to say they take "incidents" seriously, passing details to employers, the Police etc. More what??!!

We don't have a problem paying the charge, but are distraught that they are in effect saying that DH has made a false declaration on the NTO. We'd like to pursue this further, but how stressful is that likely to be given that it is a "he says/they say" situation? DH has psoriasis and can well do without stress. Also, we do live in this borough and we feel very intimidated by the tone of their letter (I always see the nth worst consequences of anything). Their letter says if the charge is paid now, the case is closed, but we can't bear the thought of them having something on record somewhere that according to them, DH made a false declaration - the injustice of it! What's best to do?

Have you tried posting on some parking forums? There are loads of them and they are full of good advice. I've successfully appealed tickets (and ignorned a few of those privately issued ones) following advice on them.

2cats - thanks - I'll think about it - was looking for some down to earth advice rather than someone quoting sections of traffic acts at me! Did you find your appeals stressful at all? I suspect I need to "grow a pair"!

Not stressful at all. The council issued PCNs just involve you writing in to explain why the ticket shouldn't stand. The clock stops while you appeal, so you just wait to hear their decision. If they reject your appeal, you can take it to the parking ombudsman. I suspect it can get a bit more stressful here.

To be honest, you kind of do need people to help you out with the legal side of it. Down to earth advice won't get you very far with the parking department of your local authority. You need to be sure on what grounds you can appeal the ticket.

And I wouldn't worry about the 'false declaration' thing. I can't see what powers they would have to pass details of an appealed ticket on to his employers.

Have to run off to school now, but try those forums. They are full of parking pedants and that is seriously what you need if you are going to take this further.

I'd consider making a complaint to them about the wholly unwarranted threat to contact employers etc. I consider that threat to be menacing, and wholly inappropriate.

I persume there is CCTV covering the car park. Perhaps he can ask the LA to examine their footage, which will prove who is telling the truth. If you can't trust the parking attendant to tell the truth over the ticket on the windscreen, how can you trust him to tell the truth about your H being in the wrong bay?

And by the way, my understanding is that they must write to you within 2 weeks if they don't leave the ticket on the car.

Try www.pepipoo.com - a very good forum for these types of problems.

Thanks for the links - I'll have a look. No CCTV at the car park. Going to have a think about it.

Been through something not dissimilar recently. Council cocked up - finally, recently, heard that our appeal was successful. Send it by recorded delivery.
Even if you lose the straightforward appeal about where DH parked, you should, Collaborate is right, complain officially about the threat and unwarranted allegation. This might be enough to get them to withdraw the fine.
Keep a close eye on timescales all the while and good luck.

Thanks for your help everyone - did have a look at Pepipoo (great site). However, DH's skin looks like it is going to go into overdrive just with us discussing it over the last few days. A couple of months of wondering/worrying what the outcome would be just isn't worth it for him. I think we're decent people and we try to do what is right - wouldn't have had any problem paying the thing if we'd had it and it had been clear what we'd done wrong! We will rely on "what goes around, comes around" for the traffic warden and have resolved to never, never park in this council's car parks again (well, not the paying ones anyway!) - we'll probably recoup our "fine" in less than a year. As for the "slur" on DH - well, now we know this happens, we guess he's not the only one - depressing really. Wonder if it is too early to open the wine?!