More parking ticket advice, please

[Joe911]

On saturday PM I parked at the back of Peter Jones in Sloane Square on what I thought was a pay and display (and I did pay and display) - turns out it was residents only and I got clamped. 65 quid unlock fee - 100 quid parking fine reduced to 50 if I pay quickly. Clearly I had to pay 115 quid if I wanted to get home - so I paid up on the phone by credit card and got release 90 mins later.

Here are the photos I took of the only sign indicating parking rights:


and


Given that the sign says parking is suspended only on Friday (I was there Saturday) and given that the proper parking rights sign is obscured - I assumed it said "Residents or Pay at Meter" as they were the rules on the other side of the road.

So - if I write in and say that the sign was obscured and unclear what are my chances of getting my money back - surely they can't get away with such poor signage?

[g_attrill]

It looks to me like the residents parking is NOT in effect while the suspended signs are displayed, so you were ok to park there. This is because the signs were deliberately covered with the separate plates. If they had left them uncovered or had put residents plates on the bottom left then it would have indicated that residents restrictions apply outside the time of suspension.

Follow the appeal process and I think you will be successful.

Gareth

Edited by g_attrill on Monday 14th August 00:44

[Dwight Vandriver]

Confusing to say the least.

As recommended above take the appeal road right to the Parking adjudicator of necessary.

dvd

[Joe911]

Dwight Vandriver said:

As recommended above take the appeal road right to the Parking adjudicator of necessary.

Thanks guys.

So do I just write to the address on the back of the parking ticket - or is there someone else I should be contacting?

[Dwight Vandriver]

You write to the issuing LA objecting and as to why you think it is wrong i.e.incorrect/confusing signage and that you did pay a fee.

Make sure this is within 14 days of the offence so that the discount is still valid and put on hold if things do go wrong.

The LA. will either accept and quosh the ticket or send you a Notice to Owner giving you 28 days to make a formal representation.

They may then accept and quosh or if not then send you a Notice of Rejection of Representation. This will explain the appeal to Adjudicator which must be made within 28 days of receipt of NoRoR.

PA herars evidence either written or orally and pronounces.

dvd

[superlightr]

might be worth taking a pic of the sign on the other side of the road and if possible drop the hint that your pigmy dwarf status did not allow you to jump high to see behind the yellow sign, this is despite having won the high jump competion for pigmys in 1985....

[g_attrill]

superlightr said:

might be worth taking a pic of the sign on the other side of the road and if possible drop the hint that your pigmy dwarf status did not allow you to jump high to see behind the yellow sign, this is despite having won the high jump competion for pigmys in 1985....

I don't think it matters what was on the other side of the road, since the restrictions can be completely different on one side to the other, in fact they may well have been different deliberately.

Also it doesn't matter if they were 7ft tall, the sign is deliberately fixed over the top of the other one because the restrictions are being overridden. The sign is only showing slightly because it has slipped or hasn't been fixed properly. It could read "Resident Parking Not In Force" for all we know.

Edited by g_attrill on Monday 14th August 15:24

[Joe911]

To finish off this thread ...

RoyalBoroughOfKensingtonAndChelsea said:

I have looked at the evidence you have provided, and I agree that the signage was inadequate.

Please accept my apologies for any inconvenience that you were caused in this matter.

In due course we will send a cheque for £115.00 to the payee.

Further to your comments, the Council is responsible for public funds and under the terms of the Road Traffic Act 1991 and the Road Traffic Regulation Act 1984, there is no provision for the payment of compensation, in cases where a vehicle has been incorrectly clamped on the public highway by the coulcil's contractor.

[justinp1]

Joe911 said:

To finish off this thread ...

RoyalBoroughOfKensingtonAndChelsea said:

I have looked at the evidence you have provided, and I agree that the signage was inadequate.

Please accept my apologies for any inconvenience that you were caused in this matter.

In due course we will send a cheque for £115.00 to the payee.

Further to your comments, the Council is responsible for public funds and under the terms of the Road Traffic Act 1991 and the Road Traffic Regulation Act 1984, there is no provision for the payment of compensation, in cases where a vehicle has been incorrectly clamped on the public highway by the coulcil's contractor.

Great result!!!

Also a clever answer. Although the representation of the relevant Acts may be true, it does not say that you cannot recover losses through a civil case.

Although I am legally savvy, I hope an actual lawyer could back me up here.

May be a possibility and I would have thought that as long as your 'costs' were reasonable that they would be paid before court.