Free Traffic Legal Advice

Hi All, thank you for your time and commitment. First post here so I hope I've got it all correct!

Posting on behalf of my Mother in law, almost 80 years old, who received a PCN on her windscreen after a visit to the doctors in Stratford Upon Avon. She parked at 9.15 and used the ticket machine to pay with cash.

She could not see any signage advising her of parking prices but put in £1 coin believing this would get her 1 hour for her doctor's appointment. This coin was swallowed by the machine and so, as she was running later, she simply added another £1 coin.. this time the machine did give her a ticket.

However, she did not realise at the time that 1 hour actually costs £1.40 and a half-hour costs 70p, therefore her second £1 payment actually only gave her half-hour parking, expiring at 9.47am. She did not notice the time printed on the ticket and so when she returned to her car found the PCN had been left by the traffic warden. Of course this was at 10.06 so beyond the grace period.

the site location:

https://maps.app.goo.gl/iGwGPoauA3LY1LTU9

please see the following images:

1. Parking ticket purchased



2. PCN - Front



3. PCN - Back




4. the following links are to the Council's "Evidence" images:

https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278c5Kv7K8RB9Pze4Ro/q2QUKe/gPq8vynjwlfsa5x94BseqoPhAY/EFTPZC/AUcR+KNYvxUIKATPMUHnb9mLGNgg==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278IDR5Vxt4N261FyIoymimssD8XxF0ZanYOC0UxZueS50j1t3FOF4OpIrdvoqKQIy0GSgbeLa0jQCFsPTV6GIPFw==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278Cq6TiRdJlgXExG8MQIAq+CibPWa9NuK8qptOkdr2SaxYyJ9EhDKwIyE1fLE9CYbNz8a2k4FqU+JxdhhjpQONBQ==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278mx/sdKmxOuXQGVghf9TkatbEJ0QAuFMca2r/GFwsFl4eRKtSPtOLFcJauqMHv1MMAHNe6ZFls31YJbbX4izqdg==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278LEcbd8VBUwoR8VK3sS73WNwc2sbfOXVfqebxoZT1EhDi7heIOJvF4xS5xSximBf0WhQGs41ioohyArKr+ga1qw==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278OOL0mLHb7X36cYBu5q5JEsMRQk8I7en34Jx3Rz6rAl+gPnxf7GJYAoipF7UmyGB7ueLYcqeYXRciUIIlFNi8yw==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278NkwQIdPr0x3kBymTPPtg+wL4QvTrZ13/bYsHh2ymSeDqhKyPbdYi7JUTEK5PvNh4KKuu55WqIWy2EiDjlnxhag==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278PLTGh/mzbgoghrLTydL0lRqG3xoTYkGLBBrIlDirZNooqbHugNiCTbm+s1gaROOVrLPdLYu7yh4kpu7DbffwYg==
https://parkingservices.itsvc.co.uk/warwickshire/notices/viewimage.aspx?004278bwspIqClk5GovFi0PUbpmRQ7rb/bhShiimNVF3xrCmps9elxKs5MtblI4UDqWlst6ghxPCDRdVjbm1S4EAhhYA==




Since receiving the PCN I have been back to the stie to take some of my own images, as follows:


this one shows the machine she used to pay 



this one shows another machine at the site ,out of order:



So, as you can see there is very little signage relating to parking restrictions, or prices. - note the prices are only visible in tiny writing on the machine, bearly visible particularly for the elderly.


So, apart from the inadequate signage, I believe it's grossly unfair of the council to pursue an elderly, venerable person who did pay enough for the time she parked! The only issue here is their ticketing equipment which is clearly not correctly operational. She cannot use Ringgo, though she does own a mobile phone she is not at all tech-savvy and does not have the app, let alone know how to use it.


She has made no attempt to pay or challenge yet, and it was my intention to challenge this with the council via their web portal on her behalf. My argument was going to be for them to check the cash takings in the machine as they WILL find extra coins compared to the log of tickets issued.. AND to call attention to the broken machine and poor signage.


My question to you please is, do you agree with this approach or do you advise otherwise?


Many thanks to you all for your attention and help! <br>

Hi @Incandescent and thank you for your reply. Please accept apologies if my comments caused any offence. These were comments made by my mother in law, who at the time of parking had not seen the tariff on the machine. She considered the label not to be clearly visible as it's at waist height and in tiny writing on the machine. She too wares glasses and has no problem driving but, in her opinion considered the price label not to be clear to her and possibly to others of her age range.

Thank you for your comments... I believe in my appeal I will focus on the fact that she did in fact put £2 into the machine and should have got a ticket for 1 hour. I will ask the council to find proof of the machines takings for the day in question.

Thanks again

+1.

Firstly, pl dispense with the 'wicked council/CEO, victimising the elderly etc' because this can cloud one's judgment and set the wrong tone in representations.

The CEO saw a vehicle with an expired P&D ticket. They waited until at least 10 minutes had elapsed since the parking rights ceased and then issued a PCN as they were required to do.

According to you the facts are they she tendered £2 and only received a ticket giving her 30 minutes' parking. Pl note, the machine only issues tickets after money is inserted and then the GREEN button is pressed, so I'm not quite certain what the machine swallowing a £1 means, it wouldn't do anything until the button was pressed.

Paid £2 only got parking rights for 30 mins instead of 1 hr is the bottom line of your account.

As for: I will ask the council to find proof of the machines takings for the day in question.

IMO, no.