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#Post#: 20770--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: H C Andersen
Date: April 27, 2024, 10:18 am
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Basically, I said that I had gone to the meter to pay but
finding it covered and seeing the notice beside it I assumed
that payments were suspended until Friday 19th April. I was
unaware of any special parking arrangements.
Therefore you can either pay the discount now or wait for the
NTO and make formal reps which even if unsuccessful would
probably elicit a further offer of the discounted penalty.
As far as we know, the facts are simple:
You parked and consulted the Ts and Cs and tariff board.
The main board displayed the charging hours and tariff and
stated that the car park was pay and display only.
A notice which carried the council letterhead was placed in a
prominent position on this board.
Adjacent to the board was a ticket machine which was wholly
covered and which prevented drivers from obtaining a ticket. The
cover did not carry any message.
You left your vehicle without purchasing and displaying a
ticket.
A PCN was issued which alleged the contravention of failing to
display a pay and display ticket.
Superimposed on the above is:
You read the notice and interpreted its meaning in the context
of the covered machine and concluded that their combined purpose
was to modify the terms and conditions of parking, referred to
by the council in the notice as 'special parking arrangements',
in sich a way as to not require payment for parking.
You reasoned that the council had decided to permit free
parking, perhaps to compensate for lost free on-street parking
capacity ln the highways disrupted by the gas works.
The council's response to your initial reps was that the terms
were clear as per the board. They have ignored their Public
Notice and its wording.
Formal reps would require them to address this issue.
#Post#: 20776--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: guest17
Date: April 27, 2024, 10:54 am
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+1
To me, it boils down to----how can the Council penalise the OP
for non-payment when the Council itself withdrew the means to
pay?
Mike
#Post#: 20896--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: Parky24
Date: April 28, 2024, 2:45 pm
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I rarely look at facebook but someone drew my attention to the
Penrith facebook page which has a post about this car park.
Seems machine is actually out of order and several people have
been fined not realising the machines in the car park over the
road counted for payment. These posts are later than mine so no
reference to the public notice. Interesting
#Post#: 20918--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: fraser.mitchell
Date: April 28, 2024, 5:03 pm
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Based on what I have read so far, and having looked at GSV
views, I now think there is a reasonable chance of success at
adjudication. The letter stuck to the car park conditions board
plus the covered machine surely indicated to an average person
that no payment was required. The council are being
disingenuous in suggesting the car park on the other side of the
street had a machine, as this would seem to be a separate car
park to any reasonable person. We now know this has come under
notice locally in Facebook, so more evidence has built up.
Of course, the OP would be risking the full PCN penalty, so it
is his decision whether to proceed or not.
#Post#: 21044--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: ivanleo
Date: April 29, 2024, 4:45 pm
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[member=1592]Parky24[/member] personally I would take this all
the way. All the council needed to do is put a sheet of A4 up
saying "use the car machine in the part of the car park on the
other side of Bluebell Lane - do not leave the car park without
buying a ticket" and the matter would have been put beyond
doubt.
We've seen plenty of cases where people have wandered to a
nearby machine only to find out that it wasn't the right machine
for the car park they were parked it, and local authorities
can't play a game of "heads I win, tails you lose".
#Post#: 24588--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: Parky24
Date: May 31, 2024, 1:19 pm
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Can anyone advise me please? I posted about my parking issue
over a month ago. I appealed to the council. My appeal was
rejected. I understood I would receive a "notice to owner" in
28 days and I could then make a formal appeal.
I have not received a "notice to owner". Should I chase them up
or just leave it?
#Post#: 24608--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: fraser.mitchell
Date: May 31, 2024, 4:07 pm
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YOur last post was over a month ago, so please bring us up to
speed by posting their letter of rejection of your informal
challenge.
The council have up to 6 months to serve a Notice to Owner, so
it's early days yet. Some councils can be very dozy. The NtO is
sent to the address on the V5 Registration Certificate for the
vehicle. So is it your car, and is the address up-to-date, and
the same as it was at the time the PN was served ?
#Post#: 24611--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: Parky24
Date: May 31, 2024, 4:27 pm
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Yes my car and all details are up to date and correct with DVLA
- no changes for several years.
[attachment deleted by admin]
#Post#: 24616--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: fraser.mitchell
Date: May 31, 2024, 5:20 pm
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The usual Fob-Off letter that, (I presume) totally ignores your
representations.
Does this council have an on-line PCN status enquiry facility ?
It might be prudent to enquire from time to time on the status
of the PCN, so you know when an NtO has been posted to you.
#Post#: 24880--------------------------------------------------
Re: Westmorland & Furness. Code 83. Parked without
displaying pay& display ticket. Bluebell Lane Penrith
DIR By: ivanleo
Date: June 3, 2024, 6:07 pm
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[member=1592]Parky24[/member] unfortunately the council has up
to six months from the date of the alleged contravention to
serve a notice to owner. I wouldn't chase them up because if
they miss the deadline then they lose.
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