Author Topic: Croydon Council; parked in space for different type of vehicle; Waddon Leisure Centre Car Park  (Read 764 times)

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Hi All

Seeking advice in respect of a PCN issued today (15 September) at the location named in the subject line.  My wife was driving the vehicle at the time. Contravetion 91 is stated on the PCN.

I've set out below some draft wording I was hoping to use as part of my appeal via the standard online option for doing so, which hopefully explains the situation in full:

The driver of the vehicle in question arrived at the car park at approximately 9.30am on Sunday 15 September.  At that time there were no available parking bays for cars.

The driver waited in the car park for a space to become available.  Whilst waiting, a uniformed parking ticket inspector gestured for the driver to park in one of the minibus bays.  The driver wound down the window and spoke to the inspector, who advised the driver that it was OK to park a car in those bays at the weekend, as they were only reserved for school minibuses etc on weekdays.  The driver proceeded to park in the space, observed by the ticket inspector.

We can only assume a different ticket inspector then came on duty, whilst the driver and family were using the leisure centre, and issued the PCN.

To be clear, the driver would never have thought to park in the minibus bay had Croydon council's legal representative, the uniformed ticket inspector, advised her that it was permitted to do so.

We would request that all CCTV footage of the car park is reviewed to confirm this statement of events, and therefore that the driver acted on incorrect instructions from the uniformed ticket inspector on duty at that time, and did so fully observed by said ticket inspector.


It is worth adding here that I have not had opportunity to revisit the car park to check the signage in respect of the first inspector's claim regarding the minibus bays, so for the purposes of any responses we might assume it is silent on the matter.

Many thanks in advance for your thoughts.

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By ticket inspector do you think this was a council civil enforcement officer(CEO), what we used to call traffic wardens?

Let's see the PCN.

For meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

and post up here both sides of the unredacted PCN,
a GSV link to the location,
and
any Council photos (may not be up on Council website until tomorrow).


Unless there's another issue someone spots, your word about a CEO giving permission to park in the minibus bay should be enough to win this. If they were to push it to the tribunal, adjudicators tend to side with credible defendants.

There is a recovery truck in the bays.





Hi All - continuing this thread, I have now (finally) received a response from the Council on this and it is not the outcome I was hoping for.  Any advice on next steps appreciated - full text of email response below:


Dear Mr Howarth

Penalty Charge Notice: CR47228479

Date of Contravention: 15/09/2024

Vehicle Registration Number:  LF70CKV

Nature of Contravention: 91 - Parked in a car park or area not designated for that class of vehicle


Thank you for writing to us.

We have carefully considered what you say but we have decided not to cancel your Penalty Charge Notice (PCN).

You were issued a PCN for parking in a Minibus bay. The sign there is white, with a blue square containing a white 'P', and explains that the bay is for Minibuses.

I am unable to prove that you were issued the wrong advice by a Civil Enforcement Officer (CEO) but in any event, it is the driver's responsibility to park correctly and in accordance with the restrictions in place.

Please note that it is the driver's responsibility to park correctly and in accordance with the restrictions in place.

I am afraid the PCN cannot be withdrawn for your stated reason as there is no statutory exemption that applies for this situation. Therefore, the PCN was correctly issued and remains enforceable.

You can view photographic evidence of your case online at https://ocmlive.xrxpsc.com/Croydon/ocm-fe/ocm/

You have these choices:

You can pay the discount charge of £65.00 if your payment reaches us within 14 days of the date of this letter. If you choose to pay the discounted amount of £65.00 then the matter will be closed and you will have lost the right to appeal to the Environment & Traffic Adjudicators.
You can pay £130.00 within 28 days of the date your PCN was issued.
The registered keeper can formally challenge the PCN after the Notice to owner (NTO) is issued. The registered keeper will automatically receive the NTO if the PCN has not been paid within 28 days of being issued. The NTO offers the registered keeper the chance to formally challenge the PCN or pay the full £130.00. If the registered keeper decides to formally challenge the PCN, they should wait until the NTO arrives.
 

How to pay:

by phone 0345 3000 614 (24hr) touchtone using a debit or credit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Please have your PCN number and vehicle registration number to hand.
online at www.croydon.gov.uk/transportandstreet and select parking fine payment. Pay using a debit or credit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Please have your PCN number and vehicle registration number to hand.
in person at any Post Office using cash, cheque or debit card (Visa, MasterCard, Delta, Maestro, Solo and Electron). Or by cash only at any outlet displaying the Paypoint Logo. You will need either your PCN or a letter containing your PCN number and barcode. It is very important that you retain your receipt as a record of your payment.
 

Yours sincerely

PCN Processing

Parking & Departmental Support Service

I would go on with this - they can't say 'not in any event' when a CEO said your wife could do so.

This is one where should it go to the tribunal your wife at a personal hearing should win the day. That it was a weekend is a key point.

Did she buy a parking ticket?

We can also check the order for holes.

My prediction - Croydon will either accept at formal stage or not contest an appeal.

Are you the registered keeper and if so is the logbook address correct.

She did indeed pay for parking (online, via an app) which we can prove, and I am the registered keeper with an up-to-date logbook.

Is there any value in pursuing the CCTV footage or images that we originally requested?  I'm wary that such things might get deleted, if they haven't been already, given the elapsed time involved here.




It's a parking PCN not a crown court case so CCTV is OTT but useful if available. Adjudicators are usually happy with credible witnesses but a personal/telephone hearing is crucial.