Penalty in FREE PARKING area

[alwayssmilin]

Hard to believe!

 

On 6 October last year I parked in the Maude Street Car Park in Canning Town to go for an eye test.

As I entered the car park I saw sign saying FREE CAR PARK.

 

As I was running late I parked my car, took no notice of any further signs and ran to be on time.

 

Well 45 minutes later on returning to my car I had an £80 penalty for failing to dispay a ticket!!!!!!

 

Well after appealing and writing letters they are refusing to back down saying that if I paid in 14 days I pay £40 if not I pay £80, the problem is I dont want to pay anything in this FREE CAR PARK!!!!!

 

I do not live in the area so am not aware of these kinds of tricks that can be pulled by local authorities. It is unfair, and quite mad really. I am hard working and feel like these people are stealing my money. Up till now I have ignored them but they keep on sending threatening letters, what to do, or what they can do is the question I now ask??

 

Any help will be appreciated.

 

Thanks:-x

[Michael Browne]

Yes although the car park is free, red bays are limited to 2 hrs and you are required to get a free ticket from the machine and display it.

 

I'm assuming you didn't do that?

 

Which of these have you received

Notice to Owner

Charge Certificate

Order for Recovery

[Conniff]

Google maps can't find any Maude Street in Canning Town, is the spelling correct always smiling ?

[Michael Browne]

http://goo.gl/maps/2RJzN

[queensclose]

London Borough Of Newham

Maud Street

Canning Town

E16 1HH

[Conniff]

That's funny, I copy pasted exactly what you have and it couldn't find it nor Maude St without Carpark.

 

I think you might have a hard job getting out of this one, it's also up on the wall at the back as well.

 

[ATTACH=CONFIG]41279[/ATTACH]

[alwayssmilin]

Yes although the car park is free, red bays are limited to 2 hrs and you are required to get a free ticket from the machine and display it.

 

I'm assuming you didn't do that?

 

Which of these have you received

Notice to Owner

Charge Certificate

Order for Recovery

 

The bays were not marked red, and it was the normal sticky on my window think it would be notice to owner. I did not get the ticket from the machine as when I saw Free Parking I just parked and looked no further why would I? Totally unaware of taking a ticket as I have never had to do this ever in that car park, the last time I parked there I think a paid £2.00. It is not the kind of car park you hang around either as the area is very very dodgy!!

[Michael Browne]

and it was the normal sticky on my window think it would be notice to owner.

 

No, that's the PCN, (£40) which you say you appealed and were rejected

 

An NTO is sent to you after 28 days, now £80. Did you make a formal appeal to the NTO?

 

If you did and it was rejected or if you didn't reply to that, the council will send you a Charge Certificate which increases the penalty by 50% to £120.

 

Since the PCN was issued in October, we need to be clear what stage you are at and what letters you have received from the council.

[sgtbush]

seems to me, by looking at the sign on the entrance you got the PCN, and im assuming that its a council run car park, not a mickey mouse company, that you havent read the sign properly in your haste

it quite clearly states obtain free permit from machine and display

[alwayssmilin]

No, that's the PCN, (£40) which you say you appealed and were rejected

 

An NTO is sent to you after 28 days, now £80. Did you make a formal appeal to the NTO?

 

If you did and it was rejected or if you didn't reply to that, the council will send you a Charge Certificate which increases the penalty by 50% to £120.

 

Since the PCN was issued in October, we need to be clear what stage you are at and what letters you have received from the council.

 

I did a letter to them on the 8.10.2012 which was rejected and again on 7th December to the parking section which was rejected. I will look at the letter they sent me which I received on Friday telling me if I pay within 14 days it will be £40, will let you know who sent the letter. Sorry to be so painful just I cannot understand it does not make sense if I was there for a few hours I could understand but the who entire issue of taking a ticket is mad! They try to stop people parking there allday and going to the station so why do they not just charge £2 per hour and make a fee for the whole day, I feel like they want to steal my money and I am genuinely innocent, if I stopped and looked I would not be in this possision but as I was late all I saw was the FREE PARKING!

[crem]

it quite clearly states obtain free permit from machine and display

 

yes it does, but to me that appears to refer only to the RED bays as obtaining a ticket is written into that paragraph.

 

The next paragraph refers to WHITE bays being no time limit and has no reference to tikcets. Why would they require you to obtain and display a ticket in a free car park with no time limit?

 

The bays were not marked red,

[Michael Browne]

The bays were not marked red,

 

How sure are you of this? If you were in a white bay, no ticket needed to be displayed. Bear in mind that the council will have photos showing what type of bay you were parked in.

[sgtbush]

it reads to me red bays timelimit of 2 hours, no return within 4 hours

white bays no time limit

you still need the free ticket issued from the machine tho

 

 

red bays are controlled

mon-sat 9am to 5pm

max stay 2 hours, no return within 4 hours

obtain free permit from machine and display

 

white bays have no time limit

 

 

the white bays have no time stipulation on them, you can park all day, you still have to obtain a free permit tho

[Michael Browne]

The 'obtain free permit and display' is in the red bay paragraph. No such condition under white bays

 

http://i1186.photobucket.com/albums/z379/richardkillip/scrubbed1.jpg

[sgtbush]

does not matter, the red bays are time stipulated, the white ones aint, that what the whole sign means

it also goes on to say it is an offence not to display a valid permit

 

ths is why im thinking the appeal would of been rejected

 

it would need the ajudicators thoughts on this at a formal appeal to clarifi the wording and inferance to said wording, weather clear or unclear

 

but to me, the sign reads get a ticket, park in red bays, max two hours, park in white bays no time limit

[crem]

absolutely no way I would read that sign to indicate needing a ticket if parked within a white bay!

 

The time stipulations and ticket requirement is clearly written within the paragraph detailing the RED bay rules. The WHITE bay rule is in a totally seperate paragraph.

 

I think this would be a walk through appeal success if the council force this to adjudication on unclear signage at the very least.