Author Topic: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions  (Read 158 times)

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HelpingShine

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Hi everyone,

My father works as a meter reader and recently received a Parking Charge Notice (PCN) while parked on a customer's street. The issue is that the street's parking restrictions had recently changed timings, and he claims he wasn't aware of the update.

Attached, picture of the PCN.

He parked legally based on the previous restrictions, but unknowingly exceeded the new time limit while inside the customer's house. The short duration of his visit further emphasises his unintended violation.

Has anyone faced a similar situation challenging a PCN due to unawareness of recent restriction changes?
Are there any specific grounds for appeal based on short-term work-related parking and lack of knowledge about the update?

Any insights or guidance from the community would be highly appreciated. Thank you!

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Pastmybest

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #1 on: February 06, 2024, 01:22:05 pm »
first we need a gsv of the parking place and the council photos We then will need to get the TMO to check the exemptions it may well be that he would be exempt

HelpingShine

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #2 on: February 06, 2024, 03:11:34 pm »
Just to add he had the following on his windscreen and he was literally no more than 4mins from leaving the car.

Exact location is here - https://maps.app.goo.gl/k5M5WJf1NEXQiQFbA
Shows the 30mins that used to be in place.

Pastmybest

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #3 on: February 06, 2024, 04:51:21 pm »
The contravention cited cannot occur in a bay please get and post the council photos

H C Andersen

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #4 on: February 06, 2024, 05:03:02 pm »
These show a part-time parking bay with waiting restrictions at other times 0930-3.30pm.

Contravention occurred well inside the restricted waiting times. Apparent simple misread of the restriction.

However, it's possible that there might be an exemption as regards the waiting restriction but we'd need to know more about the nature of the work e.g. scheduled work programme event which falls into a defined category of exempted activity or....?

My other concern is that the car is liveried and therefore likely to be company-owned. 


HelpingShine

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #5 on: February 06, 2024, 05:09:57 pm »
car is company owned.

HelpingShine

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #6 on: February 07, 2024, 05:40:49 pm »
The contravention cited cannot occur in a bay please get and post the council photos

Now attached to previous post

H C Andersen

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #7 on: February 07, 2024, 06:44:44 pm »

car is company owned.

Which means that if the council don't cancel at the first attempt then the company receives the next notice demanding payment but without any discount. What's their approach in these matters?

You need to reveal far more about the nature of the work because there are exemptions but these are limited and you need to put together as compelling an argument now as possible.

Not knowing about the change won't win IMO, especially given that the driver was obliged to read the sign under which they were parked and the sign is clear, as is the yellow line on which the car was parked.

HelpingShine

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #8 on: February 08, 2024, 04:31:49 pm »

car is company owned.

Which means that if the council don't cancel at the first attempt then the company receives the next notice demanding payment but without any discount. What's their approach in these matters?

You need to reveal far more about the nature of the work because there are exemptions but these are limited and you need to put together as compelling an argument now as possible.

Not knowing about the change won't win IMO, especially given that the driver was obliged to read the sign under which they were parked and the sign is clear, as is the yellow line on which the car was parked.

I understand his works to be a safety inspection on meters as per the notice left on his windscreen -
https://www.ftla.uk/index.php?action=dlattach;topic=1304.0;attach=4936;image

H C Andersen

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #9 on: February 08, 2024, 10:05:29 pm »
Surely you've got more than this i.e. a description from your dad.

Appointment - so he'll have a works record.

The undated and unaddressed copy letter isn't directly related to this address is it, it's a generic piece of paper which he seems to place in his windscreen whenever he feels he needs to do so. I doubt I'm any more sceptical than the council would be about so why, if he thought he was parking legitimately, would he display this at all, but as he did then he knew he was on a yellow line waiting restriction, yes? 

Has this happened before? If do, how did he explain it away?

And on the subject of his company, do you know their view?

 

cp8759

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #10 on: February 12, 2024, 01:05:50 am »
@HelpingShine the traffic order is here.

It has this exemption:




A gas meter is plainly apparatus for the supply of gas, so there is an exemption your dad can claim. The key question is whether the company will cooperate with allowing your dad to appeal, as long as he is happy to indemnify the company for the full amount they have no reason to object.

So you must get your dad to get in touch with the company and find out if they'll be happy to authorise him to appeal.

And obviously he needs paperwork to prove he was on a job.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

H C Andersen

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #11 on: February 12, 2024, 08:55:07 am »
If the motorist wants to claim the exemption then it is for them to establish their entitlement.

So far IMO we haven't seen anything which comes close to meeting the test of satisfactory proof.

And remember, the exemption relates to the vehicle being necessary. IMO, simply using a vehicle as a means of transport but with all required testing equipment being contained within an easily portable box of tricks which is simply lifted out of the boot when required does not meet the standard of the exemption anyway.

But IMO no-one would get this far until there is more evidence on the table.

It is not an unreasonable assumption to consider that the CEO had already seen and read the scruffy piece of paper but still decided to issue a PCN.
« Last Edit: February 12, 2024, 08:57:40 am by H C Andersen »

cp8759

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Re: Fathers Parking Ticket Dispute - Meter Reader on Changing Restrictions
« Reply #12 on: February 13, 2024, 12:18:13 am »
If the motorist wants to claim the exemption then it is for them to establish their entitlement.

So far IMO we haven't seen anything which comes close to meeting the test of satisfactory proof.

And remember, the exemption relates to the vehicle being necessary. IMO, simply using a vehicle as a means of transport but with all required testing equipment being contained within an easily portable box of tricks which is simply lifted out of the boot when required does not meet the standard of the exemption anyway.
How many statutory exemption cases have you done? I've won a few, just search the register for Commercial Plant Services Ltd and Stanmore Quality Surfacing Ltd.

The statutory exemption is plainly the best argument on this thread, and we should give HelpingShine a chance to respond.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order