Free Traffic Legal Advice

Hi All,

1.TOPIC TITLE. give the details of the penalty charge notice (PCN) – include:
Council name or other authority: Rochdale Council
The alleged contravention (summarise - no need to quote in full): Parking without displaying a valid ticket
Location: East View Car Park, Middleton

2. Outline your case/tell your story/explain the problem and how we might help:
I received a parking fine on 30/03/24 for not displaying a valid ticket in a pay and display car park (which is free from 0-3 hours).  I entered the car park by following the Sat Nav via an entrance that I am now aware is an exit.  There aren't any no-entry signs, and there was a car in front of me doing the same thing so I didn't see the arrow on the road pointing out.  See photo of the route in that I took:  https://flic.kr/p/2pJzVpY At this location in the car park, there was no rules board or ticket machine.  I exited on foot via this same route, and wasn't met with any signs.  I came back on foot from the other side of the car park, and it was at this point I noticed the rules board and machine, and then noticed a ticket on my car.
See photo of machine and rules board: https://flic.kr/p/2pJBbhd

Please see below link to image showing my route in, and circled where I parked.  The X shows where the ticket machine and rules board is, and the other circle is where a very small "Pay and Display" sign was located: https://flic.kr/p/2pJAyDt

See another image from street view showing where I parked, and that the ticket machine and rules board wasn't obvious.  https://flic.kr/p/2pJAyDo

On StreetView in 2015, there was a sign stating "have you paid and displayed?" at this exit.  See photo: https://flic.kr/p/2pJutTX - this photo also clearly shows the exit I took which has no signs to suggest I needed to display a ticket in this car park.  This "have you paid and displayed?" sign is no longer there, see photo https://flic.kr/p/2pJA5Hh

I logged the first stage appeal based on the signage being unclear, and that there used to be a sign on exit reminding people which is now no longer there.  Am I correct in thinking that if this sign used to be there, it was part of the design and deemed important for compliance?  Now it is no longer there, it isn't compliant to the original plans/design?

The council rejected my claim within 1 day.


3. Post the PCN and all subsequent notices or correspondence.
See photos of parking ticket, front and back:
https://flic.kr/p/2pJyPZ4
https://flic.kr/p/2pJAAjh
https://flic.kr/p/2pJzX5S


See below photos of the rejection notice:
https://flic.kr/p/2pJNoVx
https://flic.kr/p/2pJL2tj

I have until Friday (3 days) to pay this fine at the reduced rate, however I would like to hear some experienced advice as to whether I should fight this case or not.  I feel the signage was so unclear that I was fooled into thinking I didn't need a ticket. 

4. Location on Google Maps and StreetView
https://maps.app.goo.gl/p4EUdfHfpJCPief39
https://maps.app.goo.gl/rdoWjBG4bAhqU5Tp9

If you wait for the Notice to Owner, and submit formal representations it is almost inevitable they will reject your reps. So the next step would be to take them to the adjudicators where I think it would be something of a gamble.  You appear to have done nothing at all to check whether you could park there freely or not. The ticket machine and board is not far away, and GSV shows other signs "Have you paid and displayed" around the car park. Are these all missing too ?  Thinking one can park for free in a large city nowadays is being a bit naive, frankly.

Of course you have the absolute right in law to take them through the full process, so if you feel you are justified in doing so, do it, but it would be for the full PCN penalty, but no more than this. There are no additional costs at the adjudicators.

Sorry, I didn't want to upset you. However, how did you know you could park for 3 hours for free, because you say you never looked at the car park board, or the ticket machine ?

@motor I disagree with virtually everything that has been said above, starting with "Thinking one can park for free in a large city nowadays is being a bit naive, frankly": I know of free parking within a few minutes of central London.

We also should remember that the starting point is that the enforcement authority must positively prove its case, there is no burden on the motorist to prove he is innocent.

Looking at GSV in 2023 here https://maps.app.goo.gl/WCPki7yNLedWZ3mt5 there is no evidence of any signage, it looks like a free car park to me, and there are indeed car parks around the country that are free including in some very popular spots.

I am also very suspicious of an informal rejection that provides no photographic evidence, if they had a photo showing any evidence of signage in relation to your car you'd expect them to provide it.

It is true that if signs are visible you are under a duty to go up and read them, but if there is no signage apparent and visible from your vehicle or your route out of the car park, there is no duty to go and inspect every corner of the car park "just in case".

I would wait for the notice to owner, in the meantime could you confirm if you're in a position to go back and get some updated photos?

It's also worth remembering that these small provincial councils are quite prone to making mistakes because they handle so few appeals at the tribunal. Some of these small authorities do fewer appeals in a year than Lewisham or Lambeth deal with in a week.

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I disagree with virtually everything that has been said above, starting with "Thinking one can park for free in a large city nowadays is being a bit naive, frankly": I know of free parking within a few minutes of central London.

Please let us all know where it is !

Rotherhithe peninsula where I lived for a number of years, you can park within 5 minutes walk of Canada Water station, which is only 2 stops from London Bridge on the jubilee line.