Free Traffic Legal Advice

Hello, this is my first time here.

I received a PCN at the Malden Centre Car Park and in my opinion, due to the deliberate misleading and confusing signage.
I am not from this area and am not familiar with Kingston Upon Thames council policies on parking.
I popped into buy a few things from Lidl and was met by the signage in the attached photo.

https://imgur.com/a/w8jwbbH

Upon arriving at the unfamiliar car park, I saw the signage and also had a car behind me and was not only looking behind me but also ahead for any oncoming vehicles and road markings for which direction to continue driving. When I eventually parked directly in front of the pay and display post and signage as in the picture with the paint over the night time rate that was not immediately obvious and where I believe the deliberate and misleading information is displayed. My self and my girlfriend both saw the sign and read it several times to make sure it was okay to park. My girlfriend has ADHD and I most probably do too, although not diagnosed. It was just after 18.20 and we sat in the car for a while until the time had passed 18.30 and proceeded to go to Lidl.

Are there grounds for disability discrimination due to the misleading and confusing way in which the information is displayed on the signage?

I'm a bit anxious about the 14 day reduced charge getting close now as 10 days have already passed and I wonder if its better to pay the reduced penalty of £30 but am also distressed about the injustice that these car parks and parking signs are deliberately misleading and confusing to most people I speak to, with or with out any attention disability.

Thank you in advanced for your time and helpful responses to put my mind at ease.

Hi Hippocrates,

Thank you for your message, I really appreciate it.

Just to clarify the signage didn't have paint over the night time rate, that was just a picture I found online. I wrote at the bottom of the picture uploaded to Imgur.com (https://imgur.com/a/w8jwbbH) that it might as well have had paint over it as I didn't see it after reading the first part and day rate stating £2.00 up to 18.30. So misleading to have another nightly rate with a 10p increase for them to justify the misleading signage.

When you say screenshot everything, including the old pictures of free parking on Sunday's which of course was the same day I entered the car park and the paint covered picture. All the pics, I can find online?

Best regards,

Hi Stamfordman,

All pics are in the link (https://imgur.com/a/w8jwbbH). Scroll down to the last 2 pics.

Best regards,

That's about the time we left the vehicle. Pounce indeed, they were probably watching us as we sat there and knew we were waiting for 18.30 to pass, as they've seen the same thing happen many times. Crafty so and so's

Hi H,

I looked through the documents on the PCN Spreadsheet:


1. RBK Policy on Routine but Sensitive Cases

Discretion and Escalation

https://drive.google.com/file/d/15ty7WW3zpWbj1b3QK6DhbzNAM-Klkoso/view


2. The Royal Borough of

Kingston

Policy and processing

guide

https://drive.google.com/file/d/1Zr_iLRSI1izg0U8BJyIPE16PYltuALLo/view

3. FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - REF NO –
FOI-167033490

https://drive.google.com/file/d/16obs9sqvs_MvDZ28EIopEZUwnFoYTLr6/view

4. Contract in respect of parking and traffic enforcement and associated services

https://drive.google.com/file/d/1EYlxlXZ79EGDQ9zR5t2NcT7Ko-4Ar9Dw/view


Number 1 above had an impression on me with reference to part 1 in the document.

The pay and display sign that was present in front of my vehicle was the same as the attached imgur link below, only without the paint covering the night rate.

https://imgur.com/a/15wJpNp

Regards,

Cracker

@Its_a_Cracker do not, for the love of God, submit any photos with your representations. The CEO's photos do not prove any contravention and you don't want to do their job for them.

I would make a bare assertion that the contravention did not occur at both the informal and the formal stage, appeal to the tribunal, wait for the evidence pack and then throw the kitchen sink at them.

I think Hippocrates will draft something for you.

As for the website argument, a screen recording is far better than a load of screenshots, @Hippocrates if you ping me tomorrow I'll sort that out and post the result on here.

@Its_a_Cracker do not, for the love of God, submit any photos with your representations. The CEO's photos do not prove any contravention and you don't want to do their job for them.

I would make a bare assertion that the contravention did not occur at both the informal and the formal stage, appeal to the tribunal, wait for the evidence pack and then throw the kitchen sink at them.

I think Hippocrates will draft something for you.

As for the website argument, a screen recording is far better than a load of screenshots, @Hippocrates if you ping me tomorrow I'll sort that out and post the result on here.

Hello cp8759,

Thank you for you message and assistance with the PCN.

So that I'm clear with the position we are looking at this and all on the same page, I am stating that the night time rate did not compute, after reading the day time rate and seeing that that ends at 18.30. Myself and my girlfriend who has adhd saw the same thing and we sat in the car from 18.23 ish and was probably being observed as the time on the ticket from 18.35 to 1841 and thats the time we left the vehicle.

I will wait for Hippocrates draft and follow that.

Thanks so much.

Best regards,

Cracker

I will do it later as I am behind schedule today.

Thank you Hippocrates, I appreciate it 

Best regards,
Joel