Should local councils ensure they do not mislead drivers using car parking facilities?

Is a local authority extorting money by false pretences when its pay-and-display machine takes your money and issues a ticket for a time when parking is actually not permitted? I was recently issued with a PCN by London Borough of Hammersmith and Fulham after making the mistake of misreading a confusing trio of parking signs mounted on the same pole, which led to me think that I could park if I paid for a pay-and-display ticket. My error was reinforced by the pay-and-display machine, which issued a ticket that turned out to be invalid because I was parking outside permitted hours.

I wrote to LBHF parking services enclosing a cheque for the £60 penalty charge LESS the 40p I had paid for the pay-and-display ticket, making the point that they should programme their machines properly. I enclosed the pay-and-display ticket as evidence. They have now written back, saying they are banking my cheque but insisting that I pay a further 40p. If I don't, they threaten issuing a Notice to Owner. It would obviously be simpler to let myself be bullied into submission and pay up the 40p they are demanding. But I think there's a principle at stake here. Don't local authorities have a duty to ensure they do not mislead and extort this way?

Asked on 9 September 2010 by roberte

Answered by Lucy
If the sign was confusing then you should have appealed the ticket. As it stands you have accepted the penalty by paying them but not in full. In theory then, until the money is paid you are likely to be ruled liable to pay their penalty rate. I think the adjudicator would support them in that. Whether or not the technology is available to have machines handle tickets more intelligently is irrelevant. The rules are enforced by the signage not by the machine. This is a trivial matter and I don't think you or I or the council should spend any more time thinking about it. Send them their 40p, and save everyone the time and the trouble.
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