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#Post#: 23014--------------------------------------------------
Parking outside a bay
DIR By: Cola0825
Date: May 18, 2024, 3:49 pm
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So I couldn't find a place to Park in a Park and Ride car park
so parked on a verge. Other drivers had done the same. When I
came back to the car I had a yellow Parking Notice Enclosed
sticker.
I have an infringement code 05 "Parking in a manner which the
whole or part of the vehicle is outside of a marked bay. This
was issued by Oxfordshire county council today. it says I have
to pay £100 within 28 days of infringement. The charge will be
reduced to £50 if the payment is received within 14 days of
infringement. I admit I didn't park in a bay but many other cars
didn't either too and they didn't get tickets.
It also says:
===============================================================================================================
"It is an offence under section 35A (1) of the Road Traffic
Regulation Act 1984 for the driver of a vehicle who has left the
vehicle in a parking place and contravenes the traffic order, to
fail to pay the excess charge. FAILURE TO PAY THE CHARGE IN THE
PERIOD PRESCRIBED MAY RENDER THE DRIVER LIABLE FOR PROSECUTION
AND A FINE NOT EXCEEDING £500, IN ADDITION TO THE EXCESS CHARGE.
PAYMENT of this excess charge should be made NO LATER THAN THE
TWENTY-EIGHTH DAY FOLLOWING THE DAY OF ISSUE.
REDUCTION OF EXCESS CHARGE FOR EARLY SETTLEMENTS
Without prejudice the Council will accept in settlement of the
excess charge, a reduced payment, provided that the payment is
received by the Council by 4.00pm on the fourteenth day
(following the issue of excess charge). This period will be
extended until 4.00pm on the next day should a Bank Holiday fall
within the fourteen day period.
The Excess Charge will be reduced by 50%
Instructions for payment
Payment may be made in the following ways:-
Debit/credit card: Via the Council's website:
www.oxford.gov.uk/parkingtickets
Bank Transfer: Account Number, 30750662 Sort Code 20-71-29
Please quote Oxford City Council as the Payee name and use your
parking notice number beginning with OC as the reference.
The Council may request registered keeper details from the DVLA.
If you believe that this charge should not be paid and wish to
appeal the notice:-
All appeals must be submitted in writing. Please quote the
Notice Reference Number, the vehicle registration and your
address in all correspondence. In submitting any appeal you
should also confirm whether you were the driver of the vehicle
at the time of the contravention.
Webpage - www.oxford.gov.uk/parkingtickets
Write to - Oxford City Council, Parking Service, PO Box 10, OX1
1EN
If you appeal this notice within the 14 days discounted period,
the discount will remain frozen until Oxford City Council
responds. If the appeal is accepted the charge will be
cancelled. If the appeal is not accepted Oxford City Council
will decide whether to re-offer the discounted rate dependant on
the circumstances of the individual case.
To view our privacy notice, please visit www.oxford.gov.uk
================================================================================================================================
I am trying to appeal this via there website ..but I get the
error "The Excess Charge Notice could not be found.
Please check that you have not mistyped" even though I have
tried to change all the zeros to an letter O but nothing works..
If I have to pay it lesson learned but I would rather not.
[attachment deleted by admin]
#Post#: 23017--------------------------------------------------
Re: Parking outside a bay
DIR By: DWMB2
Date: May 18, 2024, 4:45 pm
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As this seems to be a council ticket I have moved it to the
council tickets forum for you. To help the experts there best
assist you, read the following thread and provide all the
information it asks for: READ THIS FIRST - **BEFORE POSTING YOUR
CASE!**, This section is for council, TFL, Dart/Mersey/Tyne etc.
cases
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
#Post#: 23022--------------------------------------------------
Re: Parking outside a bay
DIR By: fraser.mitchell
Date: May 18, 2024, 6:16 pm
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Please post the actual notice, all sides. However with the
words "excess charge", it would seem to be issued under the
criminal law, if magistrates courts are threatened. I looked at
the website you give, and it seems to all be about paying
Penalty Charge Notices that are issued under the decriminalised
legislation.
However, until we know what we are dealing with, final advice
cannot be given.
#Post#: 23027--------------------------------------------------
Re: Parking outside a bay
DIR By: lexy
Date: May 18, 2024, 7:52 pm
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Yeah, Oxford and Oxfordshire have a weird cross-issuing
arrangement and they issue penalty charge notices for some
things, and excess charges for others. I’m not sure that’s
entirely legal - as far as I’m aware, councils who adopt the
decriminalised penalty charge notices are supposed to stop
issuing excess charge notices. But that’s a fight that involves
taking a government body to court and who wants to do that?
The excess charge system is older and much harsher than the
penalty charge system. If an appeal doesn’t go your way, you get
taken to magistrates court. Can get a hefty fine if they think
your reason for not paying isn’t good enough (remember, they’re
taking you to court for not paying an excess charge, not for
your original parking).
The usual advice for excess charges is, unless you’ve got a
pretty good appeal, just pay them. Especially if they’re still
in the 50% off window.
#Post#: 23083--------------------------------------------------
Re: Parking outside a bay
DIR By: Cola0825
Date: May 19, 2024, 1:45 pm
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The system won't let me update original post something about a
deadline being reached... I've been busy but anyway here is the
ticket.
Here is the front:
HTML https://1drv.ms/b/s!AjIDsSnZk6RuhtEEZCid0mgDr_6hoQ?e=VLfhxL
Here is the back:
HTML https://1drv.ms/b/s!AjIDsSnZk6RuhtEFGIOi8lptruP8pw?e=qIjeCD
Also here is a photo of the sign:
HTML https://www.amazon.co.uk/photos/share/LELKMpZPqeMDonOjS0oTlZYMOgsAqWVGSpkgBeeH8PA
Also I am I able to lodge an appeal as the Penalty Notice Number
doesn't even work on there website. So I couldn't pay it even if
I wanted to?
Is it relevant that many other cars parked outside the pay and
did not get a fine? ( I have photographic evidence)
[attachment deleted by admin]
#Post#: 23095--------------------------------------------------
Re: Parking outside a bay
DIR By: guest17
Date: May 19, 2024, 3:33 pm
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What a crock of S%%t.
Which Council is the enforcement authority--county or city?
If the car park falls within the city boundary they are covered
by this:-
HTML https://www.legislation.gov.uk/uksi/1996/2650/note/made
In other words decriminalised parking enforcement governed by
PCNs not ECNs.
The scam of course is that an ECN will bring in more money and
there is no recourse to an independent body (the Mags Court is
certainly not independent).
Now this is where access to Pepipoo would have been useful
because we fought against both Councils when they tried it on in
the past. I do however remember that the Parking Prankster
supported us against another Council:-
HTML http://parking-prankster.blogspot.com/2014/08/wycombe-district-council-banned-for.html?m=1
Also IIRC the LA Ombudsman ruled that a Council could not run a
car park as a private one because they owned the land as a
public body.
EDIT--this one:-
HTML https://www.lgo.org.uk/information-centre/news/2019/jan/councils-urged-to-check-their-parking-policies-following-ombudsman-investigation
Need members views on this one.
Mike
#Post#: 23109--------------------------------------------------
Re: Parking outside a bay
DIR By: fraser.mitchell
Date: May 19, 2024, 4:49 pm
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Here is the location on Google
HTML https://maps.app.goo.gl/MxhQzcVVCKw9xFVR7
It's next to Oxford Parkway railway station.
A look on Bing Maps shows it is outside the boundary of the City
of Oxford, so maybe what they are doing is legal ? South Hinksey
(the other place on the Order), is on the south-west side of
Oxford, and in a very peculiar situation, as the only road
access is via the Oxford Bypass.
#Post#: 23114--------------------------------------------------
Re: Parking outside a bay
DIR By: Cola0825
Date: May 19, 2024, 5:13 pm
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Well it was this Park and Ride:
HTML https://www.oxford.gov.uk/directory-record/96/oxford-parkway-park-and-ride<br
/>
#Post#: 23135--------------------------------------------------
Re: Parking outside a bay
DIR By: guest17
Date: May 20, 2024, 3:13 am
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The ECN starts with "OC" which means Oxford City Council is the
enforcement authority rather than Oxfordshire County Council
which has reference numbers starting with "OX". Everything else
in the ECN falls to Oxford City Council.
There is no mention of any agency agreement with Oxfordshire
County Council so why their name is atop the ECN as the de facto
enforcement authority is a puzzle. Likewise if the City Council
is not mentioned on the car park noticeboard we have a right
dog's breakfast.
The Orders noted on the ECN are spurious--the City of Oxford
(Park & Ride Parking Places) Order is not available on the web.
I've requested the Orders governing the car park.
Wait for others to comment but my approach would be to pay at
the discount rate and submit a case to the LA Ombudsman where
you should get your money refunded plus an "inconvenience"
amount; plus a written apology.
Mike
#Post#: 23336--------------------------------------------------
Re: Parking outside a bay
DIR By: Cola0825
Date: May 21, 2024, 4:03 am
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Hi All thanks for your feedback on this so at the moment I am
likely to to pay at the discount rate and submit a case to the
LA Ombudsman.
If I go down this route, how would it be best to word my case to
them?
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