Free Traffic Legal Advice

Quote from: Cola0825 on July 03, 2024, 09:51:14 am

Quote from: The Rookie on July 03, 2024, 09:43:56 am

Quote from: Cola0825 on July 02, 2024, 03:58:07 pm

I assumed being a customer of costa that didn't apply.

Sign says customer parking only.  You were a customer.
It also gives a time limit, as non customers aren't meant to park at all, then sensibly the time limit ONLY applies to customers.  How can a time limit for parking apply to those who shouldn't be parked there at all to start with?

Yes that's mental !

No, it's perfectly normal, you'll find the exact same on thousands of private car parks and the rationale (ensuring turnover of spaces for customers) was upheld by the Supreme Court.

Ah ok so you asked a Rhetorical question that thru me.

You will have to excuse me for being thick I don't understand what you are saying.

Anyway I have some great news ...I sent an email to the landowner which in this case is 'Barclays Pension Fund' which is managed by a lady at workman.co.uk, I had emailed her to say I had overstayed but because I am dyslexic I had miss read the sign and she said the charge has now been voided

Sorry about that I have hidden my private details as requested. The sign said something about only staying 2 hours. I assumed being a customer of costa that didn't apply. I have had a look on Google Maps but can't read the sign.

I can drive over there is evening ...its about 40 mins away if you need it though.

I am a bit worried as the date issued is 19/06 and they said I have 14 days to pay it. However it does not stipulate if this is 14 working days or not?

If it is all days then I have until tomorrow to pay the £60?

I only just had to pay another one from Oxford City Council it makes me sick how much money they are making out of us.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/parking-outside-a-bay/msg24446/#msg24446

@cp8759 I did write to my MP using the link you provided however the guy from odsgroup said this:

The legislation Mr ******* has referred to relates to where Civil Parking Enforcement also known as Decriminalised Parking Enforcement is in place.  That does not apply to our public Car Parks which are managed under the Road Traffic Regulation Act 1984 which allows Fixed Penalty Notices which are criminal penalties.

Oxford City enforce its off street car parks using the 1984 RTA under section 35A (1) where it is an offence for the driver of the vehicle to contravene the traffic order.

It is an offence to park in a manner in which whole or part of the vehicle is outside of a marked bay, for anyone that contravenes the order a penalty can be issued.

Below is the photograph taken by the officer at the time he observed the vehicle. Clearly Mr ****** had parked outside of a bay. I can confirm the penalty charge has been issued correctly.

The penalty raised is dealt with under criminal law, and if the Council had not received payment of the charge, where an appeal had not been successful or the penalty charge had remained unpaid beyond the 28 days detailed upon the notice, the driver is liable for prosecution.



I would like to make clear that in my experience penalties are usually settled either with payment of the fine or following a successful appeal.

If a case does reach court and the verdict is proven I can confirm that a criminal record is not kept for these parking misdemeanours. I can see that Mr ***** was concerned about this in his letter to Ben Everitt.

So I did try to appeal which got rejected I don't fancy going to a magistrate's court and getting a 1k fine.
So I just paid it apparently the parking attended didn't ticked the other cars because he had an emergency.

Well it was this Park and Ride: https://www.oxford.gov.uk/directory-record/96/oxford-parkway-park-and-ride

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:
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"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
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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.

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