Sefton Council offer no mercy to Central 12 honest paying parker

Letter to the editor

UPDATE: Stand off between Sefton Council and Mr Greg Smith continues four months on. Fine has now increased to £75.00

This might appeal to others:

I parked at Central 12, purchased ticket and clearly displayed it.

Unfortunately my 7 year-old opened the back window wide just before getting out of the car.

Whilst we were away from the car the wind blew through the window and knocked the ticket off the dash.

I explained all this to Sefton Parking Services (note attached email trail) but they didn’t even read the explanation properly and declined the appeal on basis of not ensuring the ticket was displayed.

This is pure money making scam in my eyes.

You will note in the emails that I start very pleasantly but you can understand my frustrations after further correspondence.

My issue now is I’ll probably have to pay it as I have a company car and they automatically take it out of my salary.

I thought I’d send it to you as others may suffer the same problems at Central 12.

It also riles me that the attendant was quite happy to slap a ticket on a car and walk away when the window was wide open – anyone could have stolen it.

Greg Smith

(honest paying parker)

Below is the response from my appeal…

Mrs J Manning,

This is extremely unfair in the circumstances where I have done nothing wrong and purchased a valid ticket which you have seen (scanned and sent).

I had absolutely no way of knowing that the ticket was going to move after departing from the vehicle, hence I had no way of “ensuring it was clearly visible at all times”.

Parking Services should focus their efforts on those that are less honest and that have not purchased tickets.

You can imagine that I was already upset about the window left open and car being unsecure to find I’m then being penalised and then appeal being denied is ridiculous and I would also deem as extortion under these circumstances.

I still question how the inspector can walk away from my car when he can clearly see a window fully open, a short wait would have been the right thing to do.

If you have had kids at all, then you would understand this set of circumstances.

I still won’t be paying.

Regards

Greg Smith

From: Parkingcc
Sent: 28 August 2015 16:09
To: Smith, Gregory S
Subject: RE: Appeal against Penalty Charge Notice Number SF01150775

__________________________________

Dear Mr Smith

Traffic Management Act 2004 (as amended)             

Penalty Charge Notice No:                      SF01150775

Date issued: 25/07/2015               Vehicle Registration: ET11XYO

Location of Contravention: DERBY ROAD CAR PARK CENTRAL 12

Further to your most recent correspondence with regard to the penalty charge notice issued to your vehicle I can only reiterate the points made in previous correspondence and stress that if the pay and display ticket is not visible or readable, then it is being used outside of the conditions of use. It is your responsibility to ensure that it is clearly visible at all times.  My decision remains the same that the penalty charge notice will not be cancelled.

No further correspondence will be responded to at this stage and if you wish to take this matter further you should await the issue of the Notice to Owner.

Yours sincerely

MRS J MANNING

Parking Services

_________________________________________________

From: Smith, Gregory
Sent: 27 August 2015 14:07
To: Parkingcc
Subject: Appeal against Penalty Charge Notice Number SF01150775
Importance: Low

Mr Manning,

Please note that I will be making further appeal to this decision as my original appeal has clearly not been read properly!

The reason the ticket moved was due to a small child opening a back window before leaving the car and the ticket only moved after we left the vehicle.

This means that the response below is not at all accurate, as the ticket WAS CLEARLY DISPLAYED when I left the vehicle and this was checked by myself.

I had actually assumed that after 4 weeks since making the appeal, this issue had gone away.

Please advise what I now need to do to appeal against the inaccurate and unlawful appeal decision made below?

Yours sincerely

Greg Smith

_____________________________________

 

Dear Mr Smith

Traffic Management Act 2004 (as amended)             

Penalty Charge Notice No:                      SF01150775

Date issued: 25/07/2015               Vehicle Registration: ET11XYO

Location of Contravention: DERBY ROAD CAR PARK CENTRAL 12

 

I refer to the representation made by you in connection with the issue of the above penalty charge notice.

 

Your comments are noted with regard to the penalty charge notice issued to your vehicle.  I would advise that whilst the Council can understand it may appear to you that the primary purpose of the scheme has been met by having paid for a valid ticket, the Council takes the view that it is the responsibility of the motorist to ensure the ticket is clearly displayed upon arrival and remains so throughout the time that the vehicle is parked.  The weather conditions do not preclude you from checking that your ticket is clearly displayed on the dashboard prior to leaving the vehicle. If the pay and display ticket is not visible or readable, then it is being used outside of the conditions of use.  In view of this my decision is that the penalty notice will not be cancelled.

 

However, as your appeal was received within the 14 day discount period those terms will be reinstated today.  Payment of the reduced rate of £25.00 will be accepted as full and final settlement providing it is received within fourteen days of the date of this letter i.e. by no later than 10/09/2015.

 

Credit/debit card payments are accepted via the internet at www.sefton.gov.uk or by telephone on 0845 140 0845 between 08.00 and 18.00 hours Monday to Friday, or on 0151 934 4697 twenty four hours a day via the automated call system. Cheques / postal orders should be made payable to Sefton MBC and sent to the Parking Services address.

 

Please be aware that no further correspondence will be responded to at this stage.  You must now decide whether to

)       make payment of £25.00 to discharge the debt

If you make payment now this means that you will not be able to appeal or make any further representations in this matter

OR 

)        wait to make further representations

If you wish to make further representations against the issue of the penalty charge notice you should await the issue of the Notice to Owner that will be issued to the registered keeper of the vehicle; the person named on that document will have the right to file representations.

PLEASE NOTE: If you do choose to make further representations, this means that you lose the opportunity to pay the reduced rate of £25.00 and you will need to pay the full standard rate of £50.00.

Yours sincerely

 

MRS J MANNING

_______________________________________________

Parking Services

 

From: Smith, Gregory
Sent: 01 August 2015 14:56
To: Parkingcc
Subject: Ref: Appeal against Penalty Charge Notice Number SF01150775

Dear Sir / Madam,

 

I am writing to challenge PCN no.SF01150775 which I was very surprised to receive when I returned to my car in Central 12 car park.

I had purchased a valid ticket and displayed it on the dashboard as I always do.

We only realised when we got back to the car that my 7yr old child had left a back window open in the car. As it was a particularly windy day the wind had caused the ticket to be blown off the dashboard and onto the seat. A combination of the misfortune of shopping with kids and windy day unfortunately.

 

I am a little surprised that the officer did not notice what had happened as the ticket could still be seen, but just not on the dashboard, and the back window was wide open. I thought he might have waited for me considering the car was in an unsecure situation and could have easily been stolen.

Anyway, I have attached a copy of PCN SF01150775 and a copy of the purchased ticket with the relevant times of when I parked as evidence (originals available if required).

I am requesting that this PCN is cancelled based on the evidence given and if I don’t hear from you further I will assume that this notice has been cancelled in good faith.

Yours sincerely

Greg Smith

___________________

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