Unfair charge for parking in Harrow

[thorpbank]

About 6 weeks ago I parked (for less than 10 minutes) by a kerb that had no yellow lines, no parking bays and no obvious restrictions.

 

When I returned to my car, a parking attendant had just placed a ticket on my windscreen.

When I protested, he said I had parked in a Pay & Display area without paying.

I said there were absolutely no markings where I parked and said I would take a photograph to prove my point with the council.

 

He then said to me "If you ask me nicely, I will cancel the ticket".

Not wanting to prolong this discussion, I said to him (OK then, I would be very grateful if you will kindly do so"

 

He replied "OK, I will cancel the ticket" and he proceeded to remove the ticket, folded it and put it in his pocket,

got into his car (which incidentally was parked on the opposite side of the road on yellow lines!) and drove off.

 

I also have a witness to all that took place.

 

 

I visited the site the next day and took photographs of the spot I was parked at just in case of a problem.

 

This week, I received a Notice to Owner from the council saying I had not paid the PCN so obviously the parking attendant lied when he said he would cancel the ticket.

 

I checked the website, but there is no photograph of the alleged offence.

 

I intend to appeal on the grounds that

(1) there were no yellow lines, white lines or parking bays marked where I parked, and

(2) the parking attendant said he would cancel the ticket and took it away, denying me the opportunity of appealing the charge and freezing the amount to pay at the lower amount.

 

Any advice or tips gratefully received.

[Michael Browne]

What's the exact location?

 

Include photos with your appeal, together with a signed statement from the witness. Assuming the council reject your appeal, you have nothing to lose by going further to adjudication

[thorpbank]

Hi there - the exact location is Eastcote Road and the date was 9th June (a Saturday) and the time was 12.22 hrs. Is it also worth mentioning in support of my appeal that I am a senior citizen who has never parked illegally in all my years of driving?

[Michael Browne]

Eastcote Rd here?

http://goo.gl/maps/Iivq

 

If so, it is in a Controlled Parking Zone, Zone M here:

http://www.harrow.gov.uk/downloads/file/8308/zone_m_map

 

there are P&D bays at the top of Eastcote Rd, which are Mon-Sat 8-6.30

 

Looking at Google streetview, there are yellow lines, parking bays and signage, so where exactly in Eastcote Rd did you park?

 

However the restricted times in the remainder of the road are:

Mon - Sat 10.00 -11.00 and 14.00-15.00, so 12.22 is outside the restricted times.

 

What is the contravention on the NTO?

Edited July 31, 2012 by Michael Browne

[thorpbank]

Hi there - thanks for the maps and advice. On the Google streetview, you can see at the top end, 2 parking bays marked in white on the right as you look up the road. I was parked between the second bay and a little driveway where there were absolutely no road markings. It was a small space, but my car being a tiny Fiat 500, it fitted in neatly. The contravention on the NTO is "06 PARKED WITHOUT CLEARLY DISPLAYING A VALID PAY & DISPLAY TICKET OR VOUCHER. It is confusing when they say the restricted times are Mon-Sat 10.00 - 11.00 and 14.00 - 15.00 and then at the same time the P&D bays at the top end of Eastcote Road says Mon-Sat 8-6.30. Are they deliberately trying to confuse the motorist? However, my photos show that there are clearly no markings in the spot I parked at and also, why did the parking attendant say he would cancel the ticket as soon as I said I would take a photo? It seemed to me that he realised he had made a mistake and hence offered to cancel it, and then later on, probably forgot to do so. Thanks again for the advice.

[Michael Browne]

It is confusing when they say the restricted times are Mon-Sat 10.00 - 11.00 and 14.00 - 15.00 and then at the same time the P&D bays at the top end of Eastcote Road says Mon-Sat 8-6.30.

Exactly the same situation in Whitby and Wargrave Roads too

 

Appeal on the grounds that the contravention did not occur. You were parked outside the markings of P&D bay, but within CPZ Zone M outside the restricted times of that zone. Any section within the CPZ, which has different time restrictions to the times on the CPZ entry signs must be separately signed and that includes P&D bays and yellow lines. There were no signs indicating additional restrictions where you parked. Include your photos.

 

I would still include what the CEO said and a witness statement

[thorpbank]

Many thanks for your very useful advice which I shall follow and hope that commonsense prevails.

[Michael Browne]

I hope that commonsense prevails.

 

If only, don't expect the council to allow your appeal. Be prepared to take this to adjudication.

 

Make sure you send your appeal within the time limit