A MAN from Denbigh said he has “no faith in the appeals process” after his appeal against a parking fine he received from using Rhyl Library’s car park was rejected.
Reverend Brenden Bithell said that, on July 30, he mistakenly paid for parking at the adjacent Morfa Hall car park, which is run privately by Smart Parking Ltd.
Rhyl Library’s car park is for disabled parking only, and is operated by Denbighshire County Council, which has issued him with a penalty charge notice (PCN) of £50.
He subsequently appealed the decision, but this was thrown out by the Wales Penalty Processing Partnership (WPPP) – which, according to its website, is “part of Denbighshire County Council”, but also works in partnership with other local authorities.
In its ruling, dated October 7, a representative of the WPPP wrote to Rev Bithell: “I have reviewed the case and have found no additional evidence to support cancellation of the PCN.
“It is the responsibility of the driver to check the signage thoroughly to ensure that they have purchased their ticket from the correct machine.”
A further letter later that day, following a reply from Rev Bithell, read: “The PCN was correctly issued. Your vehicle was parked in a car park without clearly displaying a valid pay and display ticket.
“You say that the signage does not make sense when the view of the machine is obscured and that you had a ticket, albeit for the incorrect car park.
“You believe that the council should ensure that an additional machine is placed inside the secondary disabled parking area.
“However, the signage is evident and a reminder sign stating ‘please pay at machine in section B’ was adjacent to your vehicle.”
The WPPP offered Rev Bithell a reduced payment of £25 if paid within 14 days, which he accepted.
Rev Bithell, who is disabled and is awaiting two knee replacements and hip and spinal surgery, called the fine “bonkers”.
He said that, when he arrived on July 30, the spaces outside were occupied, and then paid for the adjacent Morfa Hall car park instead of Rhyl Library – “as that was the only machine I could see”.
His appeal was based on the grounds that “the signage is, at best, confusing”, and that the correct machine was “obscured at the time by contractors employed by the council to carry out work at the library”.
Previously, numerous residents have contacted the Journal saying that they were left aggrieved to have been fined by Smart Parking Ltd for paying for parking at Rhyl Library when, in fact, they were parked at Morfa Hall.
Rev Bithell said: “I replied to their initial response (on October 7) within a couple of minutes of it arriving, and then I got their second response within a few hours. That doesn’t seem like ample time to go through my response.
“I’ve had to pay it (discounted £25). I’m not somebody that does things wrong, but I’ve been made to feel a bit like a criminal at this point. I’ve got no faith in the appeals process.
“Rather than risk ending up in court, I thought it was just easier to pay. But I don’t want to let it drop, because I don’t feel my concerns have been thoroughly investigated in an impartial manner.”
In response, a WPPP spokesperson said: “WPPP are part of Denbighshire County Council and all cases are reviewed by the team at WPPP during the informal challenge stage.
“When the case progresses, again, as WPPP is part of DCC, any formal representations are considered by WPPP as required by legislation.
“The only time that WPPP does not review a case issued by DCC is if an appeal is lodged with the Traffic Penalty Tribunal (TPT) who are the independent adjudication service.
“As the above PCN has been paid in full, the case is closed and therefore will not progress to a stage where either formal representations or an appeal can be lodged with TPT.”
Denbighshire County Council was also contacted for comment.
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