Free Traffic Legal Advice

Hello,

On the 05/03/24 I parked at Jewellery Quarter Multi Storey Car Park in Birmingham and paid via the RingGo app. I do this weekly for work, and I usually arrive early and park on a lower level. On this occasion I arrived mid-morning and the lower levels were full, so I drove up to level 5 (the roof) where there were many free spaces.

On return to my car I was shocked to find a parking ticket on my window, reason given 'Parked in a permit bay without clearly displaying a valid permit'. The ticket warden added evidence of a sign which isn't even on the level I was parked on (see warden evidence - https://imgur.com/a/PuA0v8j). The sign is on level 3, and wasn't noticeable whilst driving as I was paying attention to the safety of my driving whilst looking for a space. There isn't any signs on level 4 or 5 to warn drivers of this ruling.

I appealed the PCN on the same day of receiving (16:52, 05/03/24), with evidence of my payment for the parking and photos of the levels to show plenty of free spaces and a complete lack of signage to warn drivers that the entire levels are permit holder only (https://imgur.com/a/TmtBEqc).

A month later (05/04/24) I received a reminder letter (https://imgur.com/a/w59TR0z) demanding the £70 settlement, so I sent another appeal stating the above and that I am waiting for a response still.

On 13/05/24 I received an email with an attached letter dated 11/03/24 rejecting my appeal. I was particularly frustrated to receive this email over 2 months beyond the actual date on the letter (11/03, received on 13/05) and the fact that it was offering a discount of £35 if paid by 01/04/24 which I was now well beyond (https://imgur.com/a/response-from-birmingham-cc-LtEwTnT).

I also disclosed the fact that our company pays for multiple spaces (permits) for employees who work out of the Birmingham office full time (as opposed to myself who works in this office once a week). In my opinion having honestly paid for a space (with evidence), and the fact our company pays for multiple permits anyway, I believe a fine is very harsh and should be withdrawn. Considering levels 4 & 5 always have multiple free spaces, it isn't as if I was restricting any permit holders from actually parking.

There doesn't seem to be any further appeal process or anyone to contact/complain to regarding the dates/timings on receipt of the appeal rejection. The only option appears to be await further letters.

Any help/advice would be very welcome


Car park location: https://maps.app.goo.gl/kgRzDqWRUMrejERW9



Many thanks!

GF

OK, so reading your narrative, it seems you got a PCN which you responded to with an informal challenge. YOu got no reponse to this for quite a while then a Notice to Owner turned up, which you say you have responded to by submitting more representations. Any reps against an NtO are regarded as formal and the council must consider them and either reject them, or accept them and cancel the PCN.

After you had responded to the NtO, the response to your informal challenge against the PCN turned up.  This may well be a Royal Mail issue, not the council's.

Under the Traffic Management Act 2004, representations by the NtO recipient against a Notice to Owner must be responded to within 56 days of the council receiving those representations. So when did you send these representations ?

When you receive a response to your formal reps against the NtO, which is almost certain to be a rejection, you can appeal to the Traffic Penalty Tribunal. However, you can only do this once Birmingham have rejected your formal reps.

https://www.trafficpenaltytribunal.gov.uk/

Can you please post up all sides of the PCN, and also the Notice to Owner. Only redact name and address. The PCN may contain fatal errors of content that render it void, so we need to see it.

Thank you for your response.

PCN (front and back): https://imgur.com/a/KmuDa9Y

NtO (all pages): https://imgur.com/a/Slr8ZLO

I have also received a notice of rejection of representations: https://imgur.com/a/ImNB1Jb

Do you advice that I follow the traffic penalty tribunal link?

Thanks again,
GF

Quote

Do you advice that I follow the traffic penalty tribunal link?

I put that in so you know where to go if you decide to appeal to the tribunal rather than pay-up. At the moment, you're not able to register an appeal there yet, as you are still waiting for a response to your formal reps.

YOu have yet to tell us when you submitted your formal reps against the Notice to Owner.

Hi,

My second appeal (in response to the NtO) was on 11/04/24 (https://imgur.com/a/JiUgmYK). Doesn't the ‘Notice of Rejection of Representations’ (https://imgur.com/a/ImNB1Jb) overrule everything? Or do I have to wait for a separate response to the NtO (even though the appeal & method was identical to the response to the PCN)?

Thanks again!

GF

I'm afraid that you have to wait for a letter rejecting your formal representations against the Notice to Owner. How did you sent these ? Have you had any acknowledgement of them at all ?

The only acknowledgment I have is the screen shot (https://imgur.com/a/JiUgmYK) that acknowledges receipt of email.

I’ve had two rejections:

1. The late response from Birmingham CC (https://imgur.com/a/LtEwTnT)

2. The ‘Rejection of Representations’ (https://imgur.com/a/ImNB1Jb)

Both of these responses came after my two appeals (the second appeal just a carbon copy of my first) and I have no way of telling which appeal they are in relation to.

Surely Birmingham CC are anticipating the next steps rather than preparing to send another rejection of representations? (As their rejection came after the second appeal, they could argue that was the response to the NtO appeal and the initial response was to the PCN appeal). It is also dated well beyond the second appeal (13/05/24, second appeal sent on 11/04/24)

Thanks
GF

OP, as you frequent the car park regularly, where are your photos showing no signs on level 5?

You obviously know all about the permit/pay levels in the car park from your account*, but this is entre nous.

The question relates to the council's evidence.

*The sign is on level 3, and wasn't noticeable whilst driving

I also disclosed the fact that our company pays for multiple spaces (permits) for employees who work out of the Birmingham office full time (as opposed to myself who works in this office once a week). In my opinion having honestly paid for a space (with evidence), and the fact our company pays for multiple permits anyway, I believe a fine is very harsh and should be withdrawn. Considering levels 4 & 5 always have multiple free spaces, it isn't as if I was restricting any permit holders from actually parking.

The letter rejecting your reps is a rejection to reps against a Notice to Owner. If you look at the last paragraph, you will see you have two options, pay-up, or register an appeal at the Traffic Penalty Tribunal.

They have not re-offered the discount, so it is now a total no-brainer to now register an appeal at the Traffic Penalty Tribunal. You can use the reps you submitted to Birmingham. The key issue is that they have posted-up nothing on the permit-only floors, only an insignificant sign as you drive round the carpark floors. SO if you miss this sign, (as you did) there is nothing after that.

Thanks, I’ll start them steps.

GF

Photos aren't a mandatory part of the authority's proof.

In your appeal you'll claim that there wasn't signage to the required standard to inform motorists that parking above level 2 was restricted to permit holders only.

The authority are claiming that such signage is there and they've provided what looks like a specimen photo. But they might have more for all we know.

If you can show evidentially that no such signage exists or, if it does, is inadequate then your point and defence must surely win the day. As a start, IMO you should show where the sign in their photo was relative to your car and that you could not and therefore did not see it prior to leaving your car.

The council has DNC'ed this one, and it has done so remarkably quickly.