Failure to display Pay & Display ticket. (REFUSED)

A Penalty Charge Notice (PCN) was issued as the Traffic Attendant (TA) observed the vehicle parked in a pay and display car park without “clearly displaying a valid pay and display ticket.  Photographs taken by the TA have been enclosed by Roads Service, showing the vehicle with a pay and display ticket face down on the dashboard, and therefore it is not possible to see the time period on the ticket.  The relevant legislation requires that a ticket is displayed “so that the particulars recorded on the front of the ticket are clearly visible to a person standing at the front of the vehicle”.

I have considered all the material and I am satisfied that the appellant’s written representations are consistent and credible.  I find as fact therefore that the appellant bought a ticket as claimed but inadvertently displayed it incorrectly.

Unfortunately, under the terms of the Traffic Management (Northern Ireland) Order 2005, an appeal can only be allowed on limited grounds.  As I accept that the ticket (although correctly purchased) was not properly displayed, I am satisfied that the contravention occurred and that the PCN was correctly issued.  The appeal must therefore fail.

 

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