Thursday 14th December 2017,
North Yorks Enquirer

SBC Parking Refunds Ahoy!

During May of this year, I wrote an article which detailed why Scarborough’s Residential Parking Zones (CPZs) are a farce. The article highlighted a High Court ruling by Mrs Justice Lang which stated that it was illegal for authorities to levy parking charges on local residents to raise surplus revenue for other transport purposes.

I asked around for some kind person to let me fight their parking tickets (PCNs) to prove the CPZs had been illegally implemented by Scarborough Council (SBC), but alas my search came to a dead end. As luck would have it my parking permit had ran out and being of the Yorkshire persuasion I decided not to set the moths free.

After telling one SBC Parking Warden he didn’t have a clue about parking law, he was ticketing folks illegally and baiting him to give me a PCN, my persistence was eventually rewarded with four PCNs.

Unfortunately the first two tickets didn’t proceed as planned. SBC avoided the Traffic Penalty Tribunal, the body set up by the UK Government to deal with parking appeals, by ignoring due process. I only beat them in Northampton County Court and SBC agreed to cancel the PCNs due to ‘procedural impropriety’. Bah!

As annoying as this was, I put in a complaint to SBC and asked for them to follow the correct procedure for the last two PCNs so I could prove they’d illegally implemented the zones. SBC’s Parking Manager duly obliged and I sent off the paperwork. The following PDF file was recently received from the nice folks at the Traffic Penalty Tribunal:

Download the PDF file Adjudicator-Decision-YN05385F.

An interesting ruling! Here is a map of Scarborough’s CPZs to help you understand what I believe it means.

  • Streets at the edge of a CPZ that do not contain a 663 ‘Disc Zone’ sign mean the zone is not legal.
  • Streets at the edge of a CPZ that contain a 663 ‘Disc Zone’ sign without any mention of permits mean the zone is not legal.
  • The repeater signs on every street that do not mention permits mean the zone is not legal.

My interpretation is:

  • PCNs issued by SBC in CPZs for ‘Parking in Disc Zone without displaying a valid disc’ since 2003 were likely issued incorrectly.
  • We all appear to have been needlessly paying for Residential Parking Permits for well over a decade.
  • Business owners have been needlessly paying for expensive Business Parking Permits for well over a decade too.

My further interpretation is: Kerching! Time for SBC to start processing some refunds!

Want a refund? Have a browse around your area using Google Streetview. Are there Disc Zone signs at the start of your local zone? If you’re not sure where your local zone starts then take a look at the SBC Parking Website.

Are there any entrances to your zone that do not contain a sign? If there are signs, is there any mention of ‘Residential Permits’ on those signs? Is there any mention of ‘Residential Permits on the small repeaters signs on the street?

You may wish to follow my example and request a refund for your parking permits and any PCNs you’ve managed to acquire since 2003. Send an email to parking@scarborough.gov.uk.

Subject: Parking Permit / PCN Refund

Hello,

It has come to my attention that the Controlled Parking Zone implemented in Scarborough was not implemented correctly and the signs within the CPZ don’t convey the traffic regulation order in force.

I’ve purchased X permits at a total of £XXX. I’ve also paid £XXX for X PCNs. Since I didn’t need to buy a permit and since it has been proven that the PCNs are not legally valid as the zones have not been signed correctly, please can you organise a refund of £XXX.

Kind regards,

If you’ve recently received a PCN for ‘Parked in a disc parking place without clearly displaying a valid discon a street in Scarborough has a TSRGD 662 Sign then appeal it using this information.

Subject: PCN Appeal

Hello,

I wish to appeal PCN XXXXXXXX on the following grounds.

The contravention did not occur.
The Traffic Order concerned is invalid.
There has been a procedural impropriety on the part of the Enforcement Authority.

It has come to my attention that the signs within the Controlled Parking Zone do not reflect the Traffic Regulation Order in force as there is no mention of residential parking permits on any signage where I parked.

Kind regards,

I’ve not yet received a refund for the permits I’ve purchased, but if it isn’t forthcoming in a timely fashion or SBC don’t issue a press release advising people how to claim their refunds, then I’ll have no option but to take SBC to the Small Claim Court to get my money back.

Happy Motoring!

Share This:

Comments are closed.