braehead parking fine

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CSK_423
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braehead parking fine

Post by CSK_423 » Mon Jan 28, 2013 4:21 pm

I was hit with a parking fine for parking in a disabled space, a dozen spare disabled spaces at the retail part but no parent and child so stuck it in one of them during the rain (had my 1 year old daughter with me). I didn't think this was unreasonable due to high quantity of spaces plus I was away 10mins. Anyway I was wrong to the letter of the "law" and understand that but had an "excuse".

1. I don't think the ratio is correct, child/disabled spaces.
2. It isn't policed correctly, I watched a mother drive away with here teenage son from a parent and child space as we were leaving !!
3. The marking of the spaces is misleading, symbols are wearing and the mono bloc is discoloured for each, especially when wet which is most of the year !

I'm sure I read this happened to someone previously on here and they just ignored it !

this is my plan unless anyone else scares me with a story of dread ????

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Scottish Scrutineer
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braehead parking fine

Post by Scottish Scrutineer » Mon Jan 28, 2013 6:03 pm

Were there any other spaces available, or did you simply park in a disabled bay for convenience when not entitled to? I'm presuming you are not disabled and parked there to avoid getting a bit wet?

If you ignore payment of the penalty, it may cost you more, or you may get off with it.
Edited to add
I have ignored parking charge notices in the past, challenged one for overstaying (and heard no more), and paid proper parking fines. However, I would not consider parking in a disabled parking bay unless entitled.



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Last edited by Scottish Scrutineer on Mon Jan 28, 2013 9:23 pm, edited 1 time in total.
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Re: braehead parking fine

Post by Shug » Mon Jan 28, 2013 6:30 pm

If it's a private car park, it's an invoice, not a fine. That's certainly the case with overstaying or non payment in other private car parks (ie - not council) There's no legal recourse to chase you down, so ignore the letters (you will get a few) Just double check that Braehead has no council enforcement and that it is a private company - the council can chase you down, I understand.

@Scottish Scrutineer: the original poster made the situation perfectly clear in his post. FWIW, I don't see a huge problem - knowing the car park in question, there are massive amounts of Disabled spaces rarely full even on a Saturday afternoon. Not "correct" by the letter of the regulations, but neither do I see it as some bloke just being lazy - having a toddler in tow...
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robin
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Re: braehead parking fine

Post by robin » Mon Jan 28, 2013 7:36 pm

Is it a PCN (Penalty Charge Notice)?

This act:

http://www.legislation.gov.uk/asp/2009/3/contents

Is intended to eventually make all disabled bays enforceable, but first they must meet the general requirements of a proper disabled parking bay and also the owner/operator of the private car park must co-operate.

If your ticket is not a PCN put in bin and ignore correspondence.

Ignore trolls too ;-)

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Re: braehead parking fine

Post by cragus » Mon Jan 28, 2013 7:41 pm

I agree with Robin.

I carried out a quick search and Braehead seems to be governed by a private company - http://www.townandcityparking.co.uk/

I imagine what you have is a PCN and not enforceable.

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Re: braehead parking fine

Post by tut » Mon Jan 28, 2013 7:45 pm

Sorry, anyone who parks in a disabled space without a Blue Badge should be publicly put in the stocks, then hung, drawn, and quartered. :D

tut

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Re: braehead parking fine

Post by cragus » Mon Jan 28, 2013 8:07 pm

Image

:oops: :lol:

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Re: braehead parking fine

Post by tut » Mon Jan 28, 2013 10:01 pm

Bollocks, there goes my Blue Badge...........

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Re: braehead parking fine

Post by j2 lot » Mon Jan 28, 2013 10:38 pm

My Mrs parked in a disabled bay at The Fort. - genuine mistake (she says :roll: ).
Wrote to Town & City anonymously quoting the ticket number and advising we were under no obligation to disclose the name of the driver at the time and therefore there was no legal basis on which to proceed. To date heard nothing and that was in November. We will be ignoring any correspondence that they do send.
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CSK_423
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Re: braehead parking fine

Post by CSK_423 » Mon Jan 28, 2013 11:19 pm

Thanks for the responses.

The ticket was issued by town and city, I'll ignore and see what comes of it.

I was planning on dropping braehead a letter prior to this voicing lack of child spaces, or is it the policing of them, easy to spot a non blue badge not so easy a non child.

Only saving grace is it was the wifes car :lol:

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robin
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Re: braehead parking fine

Post by robin » Tue Jan 29, 2013 9:18 am

I imagine what you have is a PCN and not enforceable.
PCNs are enforceable, everything else isn't, is my understanding of it.

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Re: braehead parking fine

Post by robin » Tue Jan 29, 2013 9:19 am

j2 lot wrote:My Mrs parked in a disabled bay at The Fort. - genuine mistake (she says :roll: ).
Wrote to Town & City anonymously quoting the ticket number and advising we were under no obligation to disclose the name of the driver at the time and therefore there was no legal basis on which to proceed. To date heard nothing and that was in November. We will be ignoring any correspondence that they do send.
You would have to read the various acts to be sure but I've read that one of the changes introduced was that the registered keeper became responsible for the fine and there was no obligation on the council to trace the driver at the time.

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j2 lot
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Re: braehead parking fine

Post by j2 lot » Tue Jan 29, 2013 10:47 am

The 'fine' is issued by a private company and not a Council - legal advice from t'internet ( for what that is worth) states that any fine imposed on the registered keeper is not enforceable and there is no obligation to provide a private company with details of the driver at the time the ticket was issued.
Seems to be a grey area in general and I think that they must rely on people paying early to get the reduced fine rate . It would appear that if you ignore the ticket they will either bombard you with threats of legal action or you will hear nothing. If you don't fold under the weight of any threats they won't pursue it to court action and will eventually go away......
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robin
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Re: braehead parking fine

Post by robin » Tue Jan 29, 2013 1:37 pm

I meant to say that the registered keeper is liable for properly issued PCN; it's of no consequence for the private stuff which will go away if ignored, no need to challenge or enter into any correspondence with them.

If you receive a PCN and ignore it and then they send something to the registered keeper you won't be able to use the excuse that it wasn't you driving/parking IF what I've read is true.

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Scotty C
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Re: braehead parking fine

Post by Scotty C » Tue Jan 29, 2013 1:56 pm

i didnt realise kids now a days disolve in Rain.
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