Parking fine for not displaying a parking ticket properly. **CANCELLED**

[JimmySpices]

Hi All,

 

I received a parking fine yesterday (25th July) from Manchester city council for not displaying a parking ticket properly.

It was on top of the dashboard, the WHOLE ticket was visible. There is no way in a million years it wasn't displayed

properly. The only thing I will say is that I put it on the dashboard very close to the steering wheel and perhaps  when I shut 

the door it moved it closer to the bottom of the windscreen, but still 100% visible.

 

Last time I received a parking charge from a private operator in 2019 I received lot's of do's and don't's from this forum

and indeed I did all the don't's. So I don't want to make any mistakes again.

 

My natural feeling is to reply back to the council today and say the parking warden needs new glasses. 

 

The fine is £25 within 14 days and £50 within 28 days. Is there anything I can do to stop the clock whilst the dispute takes place?

Is the burden of proof on them to say it wasn't displayed properly or can the warden give fines based on which side of the bed he woke up?

 

Thanks

Jimmy

 

 

[honeybee13]

Thread moved to the Local Authority parkiing forum. Please give people time to have a look at the thread before you fire something off.

 

HB

[JimmySpices]

Great. I was going to wait for a response here before sending anything. 

I have the valid ticket showing expiry was an hour before the fine given. Also my 20 year old

daughter was in the car as well, so have a witness too. It's on street parking.

[dx100uk]

are there photos to see online at their site?

did you take some when you returned to find the PCN on your windscreen to prove your point?

 

dx

 

[Michael Browne]

Enter your details here to see the concil pics:

Manchester Council - Pay PCN Home

MANCHESTER.TARANTOPORTAL.COM

 

[JimmySpices]

Thanks Michael - GOOD CALL, 2 photo's attached

 

- the angle he's taken the photo show's the date is difficult to read and admittedly I could've taken a photo from a different angle to show the date more clearly,

 

I didn't take any photo's (I was a bit flustered ). It does show MO for Monday clearly.

 

Based on the warden's photo and parking fines are a stealth tax, I guess my chances of an appeal are how compassionate the adjudicator in MCC feels - not very.

 

As mentioned the only way it would've reached so low down the dashboard is wind - I certainly wouldn't put it there - it was actually very difficult to reach it with my hand when I tried to reach it.

 

It would be interesting to read your views, if I have a case or not. 

 

Interestingly, I was searching the internet and came across this article from The Sun, saying Manchester city council issue the second most tickets in the UK - £13k per day. 

 

Top 10 places where drivers are fined the most for parking tickets - is your town on the list? | The Sun

WWW.THESUN.CO.UK

---

COUNCILS are raking in £121k every DAY from parking fines – which is a whopping £5,083 every HOUR.Local Authorities in the UK are making £45milli

Ticket displayed.pdf Original ticket.pdf

[Michael Browne]

Personally I would fight this all the way. I feel that an adjudicator would allow an appeal.

 

In the meantime send an informal challenge (they will re-offer the discount if rejected) on the  grounds that  the contravention did not occur, that you did  pay for and display a P&D ticket,  that at the time of the alleged contravention there was still an hour left before the expiry,  that the details on the ticket were visible and the CEO took a photo from the worst possible angle. Enclose a copy of the P&D ticket.

 

 

Edited July 26, 2022 by Michael Browne

[JimmySpices]

Hi,

They wrote the following on the fine "who had reason to believe that the following contravention had occurred and that a penalty charge is now payable. 06 Parked without clearly displaying a valid pay and display ticket"

 

So does that mean they regard this as a contravention?

Thanks

 

 

[Michael Browne]

On 27/07/2022 at 15:55, JimmySpices said:

06 Parked without clearly displaying a valid pay and display ticket"

 

So does that mean they regard this as a contravention?

 

Yes

 

 

Manchester's cancellation policy for incorrectly displayeed P&D tickets:

 

 

Appendix 1: Cancellation Guidance

Manchester City Council will deal with all enquiries on their own merit, however
Codes of Practice have been agreed for some specific circumstances:

 

Pay & Display Ticket/PaybyPhone Evidence Provided
In a situation where a Pay & Display (P&D) ticket has not been displayed
correctly or the Civil Enforcement Officer is unable to confirm ‘parking time’
has been purchased via the PaybyPhone App at the time the vehicle was
parked and a PCN issued, the registered keeper can send a copy of the P&D
ticket or Paybyphone receipt to the Council when submitting their
representation. Each case will be dealt with on its own merit, however
normally the PCN will be cancelled on the first occasion, where evidence is
provided that payment had been made for the time parked. When cancelling
the PCN the driver will be made aware that if they receive another PCN
for the same reason it may not be cancelled.

[JimmySpices]

PCN cancelled - received email today.  Uploaded a copy of the P&D ticket. Thank you Michael and all for your great help.

[Michael Browne]

Good result, wasn't really in any doubt, but at least they did the sensible thing and folded at the first opportunity.

[dx100uk]

well done CAG.

 

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