Free Parking for Tradesmen Stopped

[MrRK]

Hi All,

This is a tricky one, and I'm just looking for some opinions on how this will be viewed by the tribunal.

Our local city council offered free parking to sign written commercial vehicles, parked in metered parking bays, for up to 2 hours. Beyond this time, a ticket needed to be purchased from the machine, or a permit acquired by calling the parking team.

A few months back, one of our vehicles was issued with a PCN, and I appealed it in the usual manner stating that the vehicle was sign written and parked within the bay for no longer than 45 minutes. The appeal was rejected, as at the beginning of 2017, the free parking rule was scrapped and all trades need to pay for their parking.

I wrote back, stating that we were not made aware of this, and so we would appreciate some leeway with this first PCN, promising that we will put measures in place to ensure our team of engineers know to purchase tickets from now on.

There is no depute that the vehicle was parked in the marked bay, and there is no depute that the rules have changed as they have confirmed it to me in writing. However, the reason I wish to stand firm on this, is that over the last year, our vehicles have probably been parked in the city over 200 times, and not once have we ever been told about this by any parking wardens (nor have they given us a ticket).

Naturally our costs have increased, as we're now purchasing every ticket, but the way I look at it, we've been lucky to have free parking for all these years anyway, so I'm happy to contribute our bit. Bitterness towards paying is definitely not influencing my decision to appeal this.

I guess my argument is... where were we supposed to hear about the changes to the rules, and surely an element of leeway should be given in cases where a business or tradesman have their first offence. The free parking rules have been in place for over 10 years.

Thoughts and opinions welcome please.

[des8]

You say you weren't aware of the change in regulations, but presumably the change was published.
In response to your appeal did the council say where and when the change was published?

Generally ignorance of the law or regulations is not taken as a viable defence, but if the change was not sufficiently well publicized who knows, the tribunal might take a sympathetic view (but I wouldn't count on it!)

[MrRK]

Yes I can understand that. I have previously looked for the regulation and couldn't find it. I have put in a request for the documents.

Where would one usually look for them?

[MrRK]

Scratch that. I've found the enforcement guidelines. Thank you.

[michael]

Naturally our costs have increased, as we're now purchasing every ticket, but the way I look at it, we've been lucky to have free parking for all these years anyway

and even luckier you got away without a pcn 200 times.

I guess my argument is... where were we supposed to hear about the changes to the rules, and surely an element of leeway should be given in cases where a business or tradesman have their first offence.

The council probably did exercise discretion initially, but understandably not a year after free parking ended.

Adjudicators can only rule on points of law, they do not have discretion on mitigating circumstances, so any appeal will be refused

You now have 1 pcn payable against 200 parking fees If you had known about the new restrictions.

[ostell]

So what do the signs in the area say ?

[MrRK]

So what do the signs in the area say ?

The signage doesn't reference the contractor parking rules.

The council probably did exercise discretion initially, but understandably not a year after free parking ended.

Adjudicators can only rule on points of law, they do not have discretion on mitigating circumstances, so any appeal will be refused

You now have 1 pcn payable against 200 parking fees If you had known about the new restrictions.

Despite the reply from the council telling me the new regulations came in last year, they actually came in to force in the middle of February this year. I believe the offence was in April. In light of this new information, do you believe the adjudicators would be more open to forcing the council to use discretion on this?

[michael]

In light of this new information, do you believe the adjudicators would be more open to forcing the council to use discretion on this?

Adjudicators cannot make a council use their discretion. They can recommended councils to use it, but councils can happily ignore the recommendation.

I asume you are at the stage where you are liable for the full penalty, so you have nothing to lose by going to adjudication, but I'd be very surprised if an appeal was allowed

[des8]

Hi All,

surely an element of leeway should be given in cases where a business or tradesman have their first offence. The free parking rules have been in place for over 10 years.
.

Looking at this situation from the authorities position, why should a business or trader be given leeway? If you use that argument, why restrict it to trades people? Everyone should be able to argue for a 3 month period of grace before having to abide by the new regulations.

I just can't see the logic in your arguments, and I doubt any tribunal would agree with you.

IMO better off coughing up the reduced rate if still available and avoid wasting time going to tribunal