Llandullas Fine's Issued

Just a quick update.

Posted my representations, sent them recorded delivery with proof of postage.

Today received a letter from Conwy saying they'd heard nothing within the allowed 28 days so the fine had increased to 105 with 14 days to pay.

Just penned them a reply with a copy of the proof of postage showing posted date a couple of days inside their 28 day accepted period.

So now I'm fighting their parking charge and fighting their refusal to accept my representations!
 
How low can they go.

They must surely know that you would cover yourself against their poor admin.
 
If you're still intending comment on the signs, which I think you should, this is the email reporting an anonymous complainant about the signs.

2017_12_16_231725.png


EDIT: A response to an FoI question is in the public domain; use of it in full is perfectly acceptable by any member of the public.
 
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If you're still intending comment on the signs, which I think you should, this is the email reporting an anonymous complainant about the signs.

2017_12_16_231725.png


EDIT: A response to an FoI question is in the public domain; use of it in full is perfectly acceptable by any member of the public.

Thanks Tom,

My entire defence concentrated on the poor signage.
I also used some references from the freedom of Information about locals saying the signs were next to useless.

Regardless of outcome, I will be making a far less tactful reply to these clowns if they'd clearly been told their signs were crap back in April and were discussing it but have done sod all about it and are still getting complaints from members of the public.

I also plan on writing to the Llanddulas councillor Keith Eeles who was raising the residents complaints and ask why he hasn't pushed for further signage since he's been raising the matter of poor signs for over 6 months but motorhomes and similar are still parking there.

Anyway further letter sent today with proof of postage. Will see how it goes.
 
I think you have done well to stick with it as long as you have. It must have taken up a considerable amount of time. Well done.
 
…. and suggest to Cllr Eeles that a solution to any campervan problem is to concentrate them in one place. His current solution (banning) is no good because ….... relocation. Ban motorhomes from publicly owned car parks and vans will be forced to park on the street. Maybe in residential areas and much more difficult to control without involving restrictions on other vehicles. Perhaps unintended consequences.

Other councils have used the sensible approach. The most recent is Wyre Borough Coucil. Eighteen months ago their solution was to ban motorhomes. Six months ago the council permitted overnight parking on certain named off-street car parks – though on a one year trial. North Devon District Council did the same in Barnstaple and Ilfracombe (after first banning motorhomes). And there are more.

Always worth a try.
 
Thanks Tom,

My entire defence concentrated on the poor signage.
I also used some references from the freedom of Information about locals saying the signs were next to useless.

Regardless of outcome, I will be making a far less tactful reply to these clowns if they'd clearly been told their signs were crap back in April and were discussing it but have done sod all about it and are still getting complaints from members of the public.

I also plan on writing to the Llanddulas councillor Keith Eeles who was raising the residents complaints and ask why he hasn't pushed for further signage since he's been raising the matter of poor signs for over 6 months but motorhomes and similar are still parking there.

Anyway further letter sent today with proof of postage. Will see how it goes.

Cllr Eeles also told them. In four years he sent three emails to the council and in this one he said that the signs are questionable with regard to their size and height.

If you PM me with your email address I'll forward the entire FoI reply. It's not large but has one pdf file per complaint.

Cllr_Eeles_2.jpg
 
Cllr Eeles also told them. In four years he sent three emails to the council and in this one he said that the signs are questionable with regard to their size and height.

If you PM me with your email address I'll forward the entire FoI reply. It's not large but has one pdf file per complaint.

Cllr_Eeles_2.jpg


Thanks for the offer Tom,
phil0410atyahoo.com replacing the 'at' with @

Quick update-

I've won the first battle and the Council have told me to ignore their last letter which increased the fine to 105£, because my representations arrived the same day.
They will now be in touch when they've had time to consider the points raised.
 
Thanks for the offer Tom,
yahoo.com replacing the 'at' with @

Quick update-

I've won the first battle and the Council have told me to ignore their last letter which increased the fine to 105£, because my representations arrived the same day.
They will now be in touch when they've had time to consider the points raised.

Done a few minutes ago. It'd be nice if you'd just let me know you got it ok.

Tom
 
It's now over a month since the council received my representations and I've heard nothing.

I don't presume anything from this other than if my representations were baseless then they would have upheld their original order well before now.


My best guess is they are finding the legal arguments to quash my appeal. Time will tell.
 
Interesting. I raised a few points with Cllr Keith Eeles and after some time he answered. The points he made – complaints from the public, untidy parking, black waste discharge, we should help the local economy by using campsites … and more – I answered but he hasn't yet responded; but that was only a week or so ago so he might well reply. Or he might not if it's too difficult.

In addition to getting the list of only seven complaints over the last four years (nine complaints but three from Keith Eeles therefore seven - three about waste discharge but two from Keith Eeles so only two) I've asked the council for their Equality Impact Assessment into the discrimination against motorhomers.- who I've said should be regarded as New Travellers and are therefore protected.

I cast doubts on the legality of their non-standard notices at Llandullas using examples from another council who erected notices with no legal backing and Keith responded that he would pass that to council employees to look at. I haven't heard. Maybe that could be to do with the delay.

It's possible that if the council see a potential threat and are, maybe, looking at answers to possible arguments about legality of the order and its amendments. The potential ruling by the traffic commissioner that the council off-street parking order is invalid could be a bit problematic for it.

I don't know if there's a time limit on how quicly they must act against you. That is, how long they can keep a threat hanging over you. Years?
 
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[...]
I don't know if there's a time limit on how quicly they must act against you. That is, how long they can keep a threat hanging over you. Years?

From Law on the Web, I suspect that they must send a Notice to Owner within 28 days of issue of the original PCN and must make a decision on any formal challenge within 56 days (note there is a difference between formal and informal challenges):

You may be able to avoid a fine if the PCN is incomplete, or if the proper procedures were not followed. For instance, if the Notice to Owner is sent more than six months after the original ticket was issued, rather than the usual 28 days, this will give you strong grounds for appeal.
If you disagree with the PCN, you can challenge it within 28 days of its issue by writing to the council. This is known as an ‘informal challenge’. Some councils also allow you to issue informal challenges online – visit the council’s website for details.

If the council rejects this challenge and you still feel that the PCN is unfair, you can make a ‘formal challenge’ after the council sends you the Notice to Owner. The council must decide within 56 days of the formal challenge being made whether or not to concede and cancel the fine. If they still do not agree with your challenge, they will send you a ‘Notice of Rejection’.

So the longest a parking threat can hang over you should be 28 days for the Notice to Owner or 56 days after you've issued a formal challenge (add reasonable postage times to both).

HTH, Geoff
 
Tom,

Did you use a specific address for Keith Eeles?
I plan on adding a few more points to annoy him with and I think the more separate 'complaints' he receives the more he's obliged to take them seriously.

Phil
 
cllr.keith.eeles@conwy.gov.uk


Keith Eeles responded to me - quite a long email making his, in his opinion, valid points about motorhomes and motorhomers. They weren't. They weren't valid, I mean. I sent him back an even longer email just a week ago which he hasn't yet responded to. I don't know if he'll respond. I'm already drafting a paper for the council using some of his comments.

Would you like to share my email history with him - only three (longish) emails; two from me and one from him. I wouldn't like to influence your own approach - you seem to have done very well so far. I have your email address - just say if you want them.

Tom
 
Interesting. I raised a few points with Cllr Keith Eeles and after some time he answered.................

It's possible that if the council see a potential threat and are, maybe, looking at answers to possible arguments about legality of the order and its amendments. The potential ruling by the traffic commissioner that the council off-street parking order is invalid could be a bit problematic for it.

I don't know if there's a time limit on how quicly they must act against you. That is, how long they can keep a threat hanging over you. Years?

I thought the Traffic Commissioners only dealt with HGV and PSV licensing and bus routes or is it different in Wales?
Dave
 
Quite right - we should always use the correct terms. A bit slapdash not to.

Panalty Appeals Tribunal in England outside London (London Tribunal inside London) and, probably, the same Penalty Apeals Tribunal in Wales. The correct terms will be on the council documentation. You can see them here: Appealing a parking ticket - Citizens Advice
 
I've been asked about parking tickets and appeals. I'm no expert though I've been able to help with several others now and again. Successfuly too.

We have officially produced tickets on behalf of the council or police and sometimes official looking tickets from private companies. It seems to me that confusion begins with the ticket because of the similar sounding names. Deliberately, I think. Penalty Charge Notices (mainly from councils), Parking Charge Notices (mainly from parking companies) and Fixed Penalty Notices (mainly from the Police but can be from the council). It's not the minefield it might be and the procedures for dealing with Penalty Charge Notices and Parking Charge Notices don't seem to be that much different. A Fixed Penalty Notice is different and deals with a crime and can be dealt with in a Magistrates' Court and your ultmate way to appeal would be to let it go to court. The others (PCNs) are not crimes and will not normally get anywhere near a court. If they do it will be because you haven't paid and the court will only look at the lack of payment not at the justice or otherwise of the issue of the ticket. Get that far and you're guilty. Of not paying the penalty. The court will not be interested in whether you're guilty of breaking parking rules - you should have used the appeals procedure.

There's something new that we don't know much about yet. Public Spaces Protection Orders. They've been used a couple of time to deal with motorhome parking but they're still not all that common - for motorhomes, that is. If you park in contravention of a PSPO you will be guilty of a crime and I think it will probably be dealt with by a Fixed Penalty Notice but I don't know about that yet.

I've only ever had Penalty Charge Notices - and only two of them - and the appeals procedure is straightforward and you just follow the instructions given on the various notices which will be sent or given to you. Both my appeals were successful. One resulted in the provision of permitted parking.

It's mostly very nicely explained here
Appealing a parking ticket - Citizens Advice and you'd be better depending on the citizens advice bureau than on me. Same rules for Wales so far as I can see.



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Just a quick update, the parking fine has finally been cancelled.

Obviously I'm pleased with the outcome and the parking signs are being reviewed and my suggestions considered.

A copy of their reply below.
 

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Below are the representations I used to appeal the decision (minus the photographs i submitted in support)



I believe the PCN should not have been issued and should be cancelled.
The lack of signage in the area, its poor positioning and miniscule writing made it impossible for me to be fully aware of any terms and conditions for parking at Llanddulas beach.
I arrived at 6:30am planning to fish with my 12 year old son. It was still dark when I drove in.
Neither of the 2 signs were illuminated. Both were placed a good 8ft or more off the ground so were very difficult to spot in my vehicle with a cab over the front which further restricts visibility, even more so in the dark.
The 2 signs are placed either side of an entrance that is roughly 40ft wide. My vehicle is 7ft wide, so the closest sign would have been roughly 16ft away, while the passenger side sign would have been about 19ft away. The signs are about the size of an A4 piece of paper with lettering about 1cm size so impossible to read without binoculars and very easy to miss altogether.

Once parked there is no further warning that there are any terms, conditions, restrictions or any other mention of prohibited vehicles.
The ground at Llanddulas beach is pot holed and rough gravel and there are no ground markings whatsoever. There is no mention of the words Llanddulas Beach car park and there are no signs saying thats where you are. Infact there's no signs to say your in a car park at all
There is also no signage that suggest that Conwy council or anyone else is responsible for the land.
All the above points highlight how difficult it is to know there are restrictions to park in that area.
Furthermore, even if I had been fortunate enough to spot the small signs and stood on a box to read them, I would then have wondered if the signs were actually real or had been placed there by an irate local resident. (The councils earlier letter confirmed there had been complaints from some local residents). The signs lack of any council related symbols highlights their amateur appearance which look more like they were acquired from a sign writing shop/business and fixed up by an annoyed local resident than by any one with authority.
The signs contained no mention of Conwy council, or any TRO's, nor do they make any mention of Llanddulas Beach car park. This adds to the argument that the signs lack any authority.

I feel that if the council was taking local residents complaints seriously about large vehicles parking in that area , then the council could have solved the problem very easily if they wanted to.
The council could have installed some height barriers to restrict vehicles. These have been fitted at many coastal car parks along the A55 from Abergele up to Bangor and make it clear which vehicles can park in any area. Indeed I notice that Llanddulas already has one set of height barriers installed in one area (marked on attached photograph) so it could also have been done at this entrance to solve the problem instantly.
The council could also have erected proper car park signs like they do at other car parks I have visited in Conwy and Llandudno (2 examples attached). The usual car park signs in the area are at least 2ft x 3ft. They tell you where you are, ie Llanddulas Beach car park. They also tell you which vehicles can use the car park and then list any that can't. They explain any charges to park and any penalties if the terms and conditions are broken.
None of this exists at Llanddulas and so I believe the council should cancel this PCN and stop ticketting other restricted vehicles until they have at least made alterations to the signage present and preferably fitted height barriers so there is no confusion thereafter.

During my research I was quite surprised to read the Llanddulas council minutes from 2016 in which they were visited by Conwy council who offered to sell them llanddulas beach car park. Conwy council explained that the car park didn't meet their projected income targets and was therefore being sold. Since there are no parking charges at Llanddulas, perhaps this explains the councils approach to raising funds from the area.
Fit up some inadequate signs and then penalty charge every large vehicle when they don't spot said signs.

I also found a video on the youtube platform about Llanddulas beach car park. Among the replies one elderly motorhome owner said they had been parking there for 30 years, so clearly the location has built up a good reputation over a very long time period.
Then I came across a recent freedom of information request in which the council confirmed a complaint on 19/7/2016 in which a local resident counted as many as 18 motorhomes and similar vehicles parked over night. Its clear llanddulas has been used by many large vehicles for many years so for the council to suddenly change policy and restrict them should call for at least the measures I describe above, not the 2 tiny signs offered by the council.
In another complaint on 9/10/2016 a resident complained the signs were to small and to high up. Yet another local resident complained on 8/4/2017 that motorhomes were parked in the area with no clear signs on view and yet another resident complained on the 9/10/2017 saying the signs were to small and to high up.
When even the local residents are saying the signage is poor then there is clearly a problem!
I hope the council will take these points into account and cancel this and any other outstanding tickets.
The council should also alter the parking signage at Llanddulas and fix up barriers to make it clear that despite being free to park for the last 30 years that that is no longer acceptable. Otherwise it simply looks like the council is ignoring residents, entraping motorhomes and similar vehicles and just filling its pocket with lots of money from PCN's.
Your sincerely,












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Typical car park signs in the Conwy area.



(photographs of various Conwy Council car park signs for comparison)





(A photograph of Llanddulas parking area with height barrier fitted to the left side at the back)


The view on entering this parking area. Notice the excessively wide entrance and a large obstacle immediately in front which has since had large rocks placed around it. Both contribute to making the small signs virtually invisible.







Entering this area in the centre of the road, would place the driver to the extreme left of this picture below. They would need binoculars to read even one word of the English and Welsh versions of the sign, assuming they were fortunate enough to see it while avoiding the rocks and pot holes. At dusk and thereafter the signs have no illumination making them virtually invisible. Even in day light some people would require steps to get high enough to read the words.

By comparison there were over a dozen signs warning of the dangers of climbing on the rocks. These were placed just 3ft off the ground for maximum visibility and they appear to have the borough of Conwy name at the top to prove their authority.
 

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