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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I am refusing to pay a fine for parking all day in an area

Customer Question

I am refusing to pay a fine for parking all day in an area where parking is restricted to one hour. My grounds for doing so is that there was no sign clearly visible at the entrance to the car park. The signs that were there could not be read or seen clearly at the entrance or from where I parked. My understanding of the law is that signs should be at the entrance of a car park, but I don't know if this is compulsory or advisory or if it apples to N Ireland. Any advice?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.


In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Who is the issuer of the fine?
Customer: replied 3 years ago.


Roads Service ( N Ireland)


 


The following information was printed on the Penalty Charge Notice


 


The Traffic Management (Northern Ireland) Order 2005 Articles 4 to 17 (as amended)

Expert:  Jo C. replied 3 years ago.
Is it possible to scan and email the fine to me at [email protected] ? It would slow things down a bit from your point of view but it is more likely to arrive at a reliable answer.
Customer: replied 3 years ago.


For JOMO1972


I have sent you the Penalty Charge Notice.


Incidentally, I sent photographic evidence when I queried the fine.

Expert:  Jo C. replied 3 years ago.
Great.

I will come back when it arrives.

Its not usually that quick so I wouldn't sit online at your end.

I should have mentioned earlier, if you haven't done it already can you put a link to this post or my name on it so the mods know its for me.

Customer: replied 3 years ago.


For JOMO1972


Many thanks


 


Hope the Penalty Charge Notice has arrived


 


Don't know how to put a link to post, but we'll probably manage without it.


 


The letter rejecting my challenge merely stated that my vehicle was parked for a time exceeding the maximum period of 60 minutes in a restricted parking space and that signs clearly showing the time restrictions were displayed. No mention was made of the fact that there were no signs at the entrance or that the signs could not be read where I had parked. I have until 10 May to appeal to the Independent Parking Adjudicator. Seven grounds for appeal were listed, none of which apply to me, but the letter states that the Road Service may also consider other circumstances.

Expert:  Jo C. replied 3 years ago.
Ok. I'll have a look at it when it arrives and come back. I'm sure it will get here sometime today.
Customer: replied 3 years ago.

 


FOR JOMO1972


 


Has the Penalty Charge Notice arrived? Is the Penalty Charge Notice what you needed? I would appreciate an answer

Expert:  Jo C. replied 3 years ago.
No, I've had nothing in.

I was thinking that maybe you could scan it and post it on here?
Customer: replied 3 years ago.


FOR JOMO1972


 


I can't find a way of posting the Penalty Charge Notice here, but I have sent it as an attachment in the reply to the e-mail you sent me


 


Rodney

Expert:  Jo C. replied 3 years ago.
I will ask customer services to look at this.

Perhaps try again to [email protected] with a link to this post or a note that its for me.

Sorry about this.
Customer: replied 3 years ago.

Attachments are only available to registered users.

Register Here

Attachments are only available to registered users.

Register Here

Attachments are only available to registered users.

Register Here
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Attachments are only available to registered users.

Register Here


 


FOR JOMO1972
I have done as you asked.


It is a PDF file. Is this relevant?


 


I might have succeeded in sending it to you as an attachment to this reply. See above


Rodney

Expert:  Jo C. replied 3 years ago.
Yes, I've got it.

That looks like a local council issue fine. At least it makes references to the statues which private land fines do not usually.

This will be governed by the rules on off road parking then.

In a nutshell they are very simple though and you do have a challenge. Its nothing to do with signs upon entrance or anything of that kind. They have to erect signs that are sufficient to alert the reasonably observant motorist to what he is required or prohibited from doing.

If the signs are not visible from where you parked then there is a challenge to that. You do need to take photographs though because the Councils have been known to erect signs after the issue of the fine.

There's no particular requirement for signs to be at the entrance or exit of the car park although obviously it is advisory for them to do so as its harder for motorists to deny knowledge in those circumstances.

Generally the rules are laxer for off road parking than on road parking but they still have to bring any prohibition to your attention.

Also, ask for sight of the Traffic Management Order as a matter of pre tribunal disclosure and check it carefully against this location. You would be amazed at how often the traffic management order doesn't give them authority to fine in the areas they do.

Hope this helps.

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