Author Topic: Parking outside a bay  (Read 82 times)

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Cola0825

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Parking outside a bay
« on: May 18, 2024, 09:49:51 pm »
So I couldn't find a place to Park in a Park and Ride car park so parked on a verge.  Other drivers had done the same.  When  I came back to the car I had a yellow Parking Notice Enclosed sticker.
I have an infringement code 05 "Parking in a manner which the whole or part of the vehicle is outside of a marked bay. This was issued by Oxfordshire county council today. it says I have to pay £100 within 28 days of infringement. The charge will be reduced to £50 if the payment is received within 14 days of infringement. I admit I didn't park in a bay but many other cars didn't either too and they didn't get tickets.

It also says:
===============================================================================================================
"It is an offence under section 35A (1) of the Road Traffic Regulation Act 1984 for the driver of a vehicle who has left the vehicle in a parking place and contravenes the traffic order, to fail to pay the excess charge. FAILURE TO PAY THE CHARGE IN THE PERIOD PRESCRIBED MAY RENDER THE DRIVER LIABLE FOR PROSECUTION AND A FINE NOT EXCEEDING £500, IN ADDITION TO THE EXCESS CHARGE.

PAYMENT of this excess charge should be made NO LATER THAN THE TWENTY-EIGHTH DAY FOLLOWING THE DAY OF ISSUE.

REDUCTION OF EXCESS CHARGE FOR EARLY SETTLEMENTS

Without prejudice the Council will accept in settlement of the excess charge, a reduced payment, provided that the payment is received by the Council by 4.00pm on the fourteenth day (following the issue of excess charge). This period will be extended until 4.00pm on the next day should a Bank Holiday fall within the fourteen day period.

The Excess Charge will be reduced by 50%

Instructions for payment

Payment may be made in the following ways:-

Debit/credit card: Via the Council's website: www.oxford.gov.uk/parkingtickets

Bank Transfer: Account Number, 30750662 Sort Code 20-71-29

Please quote Oxford City Council as the Payee name and use your parking notice number beginning with OC as the reference.

The Council may request registered keeper details from the DVLA.
If you believe that this charge should not be paid and wish to

appeal the notice:-

All appeals must be submitted in writing. Please quote the Notice Reference Number, the vehicle registration and your address in all correspondence. In submitting any appeal you should also confirm whether you were the driver of the vehicle at the time of the contravention.

Webpage - www.oxford.gov.uk/parkingtickets

Write to - Oxford City Council, Parking Service, PO Box 10, OX1 1EN

If you appeal this notice within the 14 days discounted period, the discount will remain frozen until Oxford City Council responds. If the appeal is accepted the charge will be cancelled. If the appeal is not accepted Oxford City Council will decide whether to re-offer the discounted rate dependant on the circumstances of the individual case.

To view our privacy notice, please visit www.oxford.gov.uk

================================================================================================================================


I am trying to appeal this via there website ..but I get the error "The Excess Charge Notice could not be found.
Please check that you have not mistyped"  even though I have tried to change all the zeros to an letter O but nothing works..

If I have to pay it lesson learned but I would rather not.
« Last Edit: May 18, 2024, 10:21:29 pm by Cola0825 »

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DWMB2

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Re: Parking outside a bay
« Reply #1 on: May 18, 2024, 10:45:06 pm »
As this seems to be a council ticket I have moved it to the council tickets forum for you. To help the experts there best assist you, read the following thread and provide all the information it asks for: READ THIS FIRST - **BEFORE POSTING YOUR CASE!**, This section is for council, TFL, Dart/Mersey/Tyne etc. cases

Incandescent

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Re: Parking outside a bay
« Reply #2 on: Yesterday at 12:16:42 am »
Please post the actual notice, all sides.  However with the words "excess charge", it would seem to be issued under the criminal law, if magistrates courts are threatened. I looked at the website you give, and it seems to all be about paying Penalty Charge Notices that are issued under the decriminalised legislation.

However, until we know what we are dealing with, final advice cannot be given.

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lexy

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Re: Parking outside a bay
« Reply #3 on: Yesterday at 01:52:35 am »
Yeah, Oxford and Oxfordshire have a weird cross-issuing arrangement and they issue penalty charge notices for some things, and excess charges for others. Iím not sure thatís entirely legal - as far as Iím aware, councils who adopt the decriminalised penalty charge notices are supposed to stop issuing excess charge notices. But thatís a fight that involves taking a government body to court and who wants to do that?

The excess charge system is older and much harsher than the penalty charge system. If an appeal doesnít go your way, you get taken to magistrates court. Can get a hefty fine if they think your reason for not paying isnít good enough (remember, theyíre taking you to court for not paying an excess charge, not for your original parking).

The usual advice for excess charges is, unless youíve got a pretty good appeal, just pay them. Especially if theyíre still in the 50% off window.
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Cola0825

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Re: Parking outside a bay
« Reply #4 on: Yesterday at 07:45:27 pm »
The system won't let me update original post something about a deadline being reached... I've been busy but anyway here is the ticket.

Here is the front:
https://1drv.ms/b/s!AjIDsSnZk6RuhtEEZCid0mgDr_6hoQ?e=VLfhxL

Here is the back:
https://1drv.ms/b/s!AjIDsSnZk6RuhtEFGIOi8lptruP8pw?e=qIjeCD

Also here is a photo of the sign: https://www.amazon.co.uk/photos/share/LELKMpZPqeMDonOjS0oTlZYMOgsAqWVGSpkgBeeH8PA

Also I am I able to lodge an appeal as the Penalty Notice Number doesn't even work on there website. So I couldn't pay it even if I wanted to?
Is it relevant that many other cars parked outside the pay and did not get a fine? ( I have photographic evidence)
« Last Edit: Yesterday at 07:52:20 pm by Cola0825 »

MMV Redux

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Re: Parking outside a bay
« Reply #5 on: Yesterday at 09:33:25 pm »
What a crock of S%%t.

Which Council is the enforcement authority--county or city?

If the car park falls within the city boundary they are covered by this:-

https://www.legislation.gov.uk/uksi/1996/2650/note/made

In other words decriminalised parking enforcement governed by PCNs not ECNs.

The scam of course is that an ECN will bring in more money and there is no recourse to an independent body (the Mags Court is certainly not independent).

Now this is where access to Pepipoo would have been useful because we fought against both Councils when they tried it on in the past. I do however remember that the Parking Prankster supported us against another Council:-

http://parking-prankster.blogspot.com/2014/08/wycombe-district-council-banned-for.html?m=1

Also IIRC the LA Ombudsman ruled that a Council could not run a car park as a private one because they owned the land as a public body.

EDIT--this one:-

https://www.lgo.org.uk/information-centre/news/2019/jan/councils-urged-to-check-their-parking-policies-following-ombudsman-investigation

Need members views on this one.

Mike
« Last Edit: Yesterday at 09:40:59 pm by MMV Redux »

Incandescent

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Re: Parking outside a bay
« Reply #6 on: Yesterday at 10:49:25 pm »
Here is the location on Google
https://www.google.com/maps/place/Oxford+Parkway+Park+%26+Ride/@51.8040661,-1.2800593,14.5z/data=!4m6!3m5!1s0x4876c527af6ce9c3:0x74eaab2c28bddb7c!8m2!3d51.8025992!4d-1.2729472!16s%2Fg%2F11fd6kph0r?authuser=0&entry=ttu
It's next to Oxford Parkway railway station.
A look on Bing Maps shows it is outside the boundary of the City of Oxford, so maybe what they are doing is legal ? South Hinksey (the other place on the Order), is on the south-west side of Oxford, and in a very peculiar situation, as the only road access is via the Oxford Bypass.

Cola0825

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Re: Parking outside a bay
« Reply #7 on: Yesterday at 11:13:11 pm »

MMV Redux

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Re: Parking outside a bay
« Reply #8 on: Today at 09:13:22 am »
The ECN starts with "OC" which means Oxford City Council is the enforcement authority rather than Oxfordshire County Council which has reference numbers starting with "OX". Everything else in the ECN falls to Oxford City Council.

There is no mention of any agency agreement with Oxfordshire County Council so why their name is atop the ECN as the de facto enforcement authority is a puzzle. Likewise if the City Council is not mentioned on the car park noticeboard we have a right dog's breakfast.

The Orders noted on the ECN are spurious--the City of Oxford (Park & Ride Parking Places) Order is not available on the web. I've requested the Orders governing the car park.

Wait for others to comment but my approach would be to pay at the discount rate and submit a case to the LA Ombudsman where you should get your money refunded plus an "inconvenience" amount; plus a written apology.

Mike
« Last Edit: Today at 09:33:55 am by MMV Redux »
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