DID YOU RECEIVED A PARKING TICKET ON A BANK HOLIDAY?
IF YOU RECEIVED A PARKING TICKET ON A BANK HOLIDAY AND WERE MISLED BY A COUNCIL STATEMENT ON A PARKING METER OR PAY AND DISPLAY MACHINE WHICH HAD WORDS LIKE “FREE PARKING ON PUBLIC AND BANK HOLIDAYS” AND RECEIVED A PAID A PARKING TICKET YOU SHOULD QUALIFY FOR A REFUND.
THIS FOLLOWS A PARKING ADJUDICATION DECISION WHICH CANCELLED A PARKING TICKET WHICH WAS ISSUED ON 26TH DECEMBER 2009 WHERE A MOTORIST PARKED IN A BAY WHICH DISPLAYED THESE WORDS.
IF YOU WERE CAUGHT OUT HERE IS A TEMPLATE LETTER YOU MAY WANT TO SEND TO YOUR COUNCIL.
Penalty Charge Notice No. XXXXXXXXXX [Insert correct number]Received on Boxing Day 26th December 2009.
I received a Penalty Charge Notice ("PCN") No. XXXXXXXXXX on Boxing Day 26th December 2009 which I have paid.
I parked in a bay where the pay and display machine/parking meter which stated “Free parking on public and bank holidays”*[substitute other wording that was on your parking meter or pay and display machine].
As Saturday 26th December was Boxing Day I relied on this statement but despite the statement I received a Penalty Charge Notice number XXXXXXXX which I have paid.
In this respect I would refer you to PATAS Case 2100046537. The case referred to a Penalty Charge Notice issued on Boxing Day 26th December 2009 where the words on where the words “Free parking on public and bank holidays” were shown on the meter. The Parking Adjudicator ordered the local authority to cancel the PCN and stated” I find the words on the machine are sufficiently ambiguous to confuse a motorist when parking on a Boxing Day that falls on a Saturday as to whether charges are required. If the authority wishes to enforce charges on Boxing Day when it falls on a Saturday, the machine should clearly state so." He ordered that the PCN be cancelled. In the circumstances I must ask that you refund the amount of £XXX.XX which I paid within 7 days failing which I will issue proceedings for recovery without further reference to you.
©2010 Barrie Segal
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