Free Traffic Legal Advice

Good afternoon.

So, I’ve received a PCN from North Yorkshire Council that I think possibly may not be enforceable. The place where I parked has a row of disabled spaces and immediately after the last one they turn into spaces for everyone. Now, I was late getting to the sports centre to play football and was in a rush, I drove down past the row of disabled spaces and then parked in a space I thought was past the disabled spaces. It was dark and in my rush it turns out that I hadn’t quite cleared the disabled spaces and ended up parking in one, which I didn’t realise until I came back out with a PCN on my windscreen. I have been around the whole car park and there are no signs whatsoever to signal that this is a council car park or to say PCN’s may be issued.

So I appealed the PCN on the basis that there are no signs. North Yorkshire Council have rejected the appeal and they also state that there is an ‘off street parking order’ on the carpark and also they did not mention the lack of signs in the rejection. I have tried to research this parking order and all I can find is an order from 2012 before the sports centre/football ground was even there, all it shows is the old coach/car park that is no longer there. Also, I think it’s interesting that the car park is not even on the North Yorkshire Council car park directory.

So, my next options appear to be to either pay the fine or take it to adjudication so my question is, is it worth taking to the adjudicator or are North Yorkshire Council correct in enforcing the PCN and therefore I should just pay the reduced amount while I can?

Thank you for everyones time.

Thanks for replying. I’ll get onto the photos and that link tomorrow morning. I’ve just got to work. Thanks

I can no longer get on my ticket on the North Yorkshire Council website so I can no longer see the photo's the CEO took,

The photos are still at the website

https://parkingpcns.scarborough.gov.uk/ViewEvidence.aspx

(you may need to start from https://parkingpcns.scarborough.gov.uk/  )

I have to say that whilst you have a reasonable prospect of winning an adjudication on the lack of signs issue, I Don't think it is a slam-dunk win, because their photo is pretty damning.  But see what the others say.

Just remember that if you decide to fight on, the discount option is lost at the Notice to Owner stage. If you could provide photos of the car park, (entry, general view, view of BB bays), it would help.

OK. so here's the satellite view showing the disabled spaces with the normal ones adjacent.
https://www.google.com/maps/place/Ashburn+Rd,+Scarborough/@54.269939,-0.4138019,115m/data=!3m1!1e3!4m6!3m5!1s0x487f47f6ebb70b21:0x1b8899e44675538b!8m2!3d54.2711645!4d-0.4137061!16s%2Fg%2F1tgnln8f?authuser=0&entry=ttu

It was dark and in my rush it turns out that I hadn’t quite cleared the disabled spaces and ended up parking in one, which I didn’t realise until I came back out with a PCN on my windscreen. I have been around the whole car park and there are no signs whatsoever to signal that this is a council car park or to say PCN’s may be issued.

Although you say it was dark there are street lights. Weren't these turned on ?  Having looked at the satellite view, plus GSV and your photos, I think you'll struggle with this and would have to take them to the Traffic Penalty Tribunal for an unbiased judgment.
Points for your appeal to TPT
1. no signs whatever giving the car park conditions
2. disabled bays not signed at all
but that's about it, I'm afraid. Whether these would win at an adjudication, I'm not sure, as the markings on the car park surface are very clear, and the whole car park is lit.  I think the key words in your narrative are : -
"I was late getting to the sports centre to play football and was in a rush"
So clearly didn't check your parking.

YOu still have the discount available, so must decide whether to pay this, or wait for the Notice to Owner to submit formal representations. At the NtO stage the discount option is lost, but they may re-offer it although its not a legal obligation.  It all depends on your attitude to risk: -

"He either fears his fate too much
Or his deserts are small
Who fears to put it to the touch
To win or lose it all!
Earl of Montrose

(he lost and was executed in Edinburgh: -
https://en.wikipedia.org/wiki/James_Graham,_1st_Marquess_of_Montrose)

If you lose, it won't be quite so painful !

Well thanks for the help. I really thought the fact there are no signs would have made it a slam dunk.

I wish !
Problem is the council are extremely unlikely to give way even if you submit reps to the Notice to Owner, so you'd end up at the Traffic Penalty Tribunal. Doing all this means the discount is lost. So if you're a gambling man, go for it !

Nevertheless, it is refreshing (and depressingly rare as hen's teeth) to see an authority come out with both hands up.