Pensioner 'horrified' over £70 parking fine after 'honest mistake'

Gordon Sheppard and his wife, Lily, who live on Hollands Road, only moved to Northwich in October from Leominster, Herefordshire.  

When they realised the Christmas Extravaganza was taking place on Saturday, November 25, they decided to go along and soak up some atmosphere of the town they now call home.

They parked at Cheshire West and Chester Council’s (CWAC) Market car park near Apple Market Square and paid for four hours.  

Gordon and Lily Sheppard moved to Northwich in October (Image: Gordon Sheppard)

But when they got back to their car, they found a £70 parking ticket on the windscreen claiming they’d parked in a restricted zone.

Gordon, a retired local authority property surveyor, examined the markings on the ground, which he says 'have clearly not been painted out for years'.

When his appeal was rejected, Gordon paid the fine quickly so he would still get the discount, but that means he's automatically lost his right to independent arbitration (Image: Gordon Sheppard)

It was only then he realised the white line he thought was a bay marker was actually a directional arrow, with the arrowhead worn completely away.

The 66-year-old took photographs of what remains of the markings and submitted an appeal to CWAC the same day.

It was swiftly rejected on the grounds CWAC wouldn’t accept faded markings as good grounds for having the penalty reversed.

Gordon paid for a pay and display ticket for Market car park in Northwich (Image: Gordon Sheppard)

Gordon, who has to work as a part-time cleaner to supplement his pension, then paid the fine straight away to benefit from an early payment discount, but said he thinks the council ‘should be embarrassed’ raising money in this way, adding: “I was horrified.”

“It’s morally wrong for the council to be profiting from their lack of maintenance. They have an obligation, which they’re not upholding.  

“The bays are not clearly marked. All the lines are totally faded. I didn’t think for a minute I was parking in a restricted space.

“What I thought was a line marking a bay is in fact a worn directional arrow. The arrowhead has totally disappeared.

“Where I parked, I left plenty of space for cars to get around.

“It was all done in good faith. I had no idea I’d made a mistake. The zones have clearly not been painted out for years.

Gordon believe's CWAC has neglected its responsibility to ensure the car park is properly marked (Image: Gordon Sheppard)

“They should be maintaining the car parks adequately, not robbing council taxpayers of their hard earned cash.

“They ought to be embarrassed raising money in this fashion.

“They should be encouraging people to go into the town centre. They’re shooting themselves in foot as well as doing harm to the town’s traders.”

What’s more, now Gordon has paid the fine, it automatically removes his right to appeal to an independent arbitrator.  

He added: “I think CWAC are being deliberately obtuse here. They have discretionary powers to waive this ticket.

“If I had the financial means I would pursue a legal case against them.

"There is case law which would help me be successful, but I can’t afford to fight against their legal muscle."

A spokesman for CWAC said: “The penalty was issued as the vehicle was parked out of bay and obstructing an area of the car park where vehicles are directed to turn right.

“This would have caused a hazard to other vehicles attempting to manoeuvre within the car park.

“The markings in the car park are sufficient to identify where designated parking is permitted.

“A statutory appeal process exists that allows a penalty to be contested.

“This allows two appeals to the council, and, if they are rejected, a final appeal to be made to an independent adjudicator.

“We recommend this process is followed should the recipient feel they have grounds to do so.

“When payment is made this ends the legal process and the matter is closed.”