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expensive parking ticket issue!
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BabaOsw
Posts: 8 Forumite
Hi! Mid January 2008 I received a parking ticket for stopping outside my house (Oswestry, Shropshire)!
The rear wheel of my poor OLD Vectra (approx value £700+) was on the ‘T’ of a single yellow line.
Id left my engine running and the indicator flashing away as I entered my home to collect my baby (I guess technically loading/unloading?) thus spending LESS than 45 seconds to put a coat on my baby and return to fasten him in the rear seat of my car. When I got back into the driver seat of the car - there it was! Plastered on the windscreen!!
As I removed the notice from the windscreen, the landlord of the pub opposite informed me that the warden was issuing the ticket as he walked-up the road and without stopping placed it on the windscreen! Only as the warden passed the car did he stop to turn around and promptly take photo of the rear of the car showing the wheel on the ‘T’ of the single yellow line. Another witness said that the warden had been outside the house less than 10 minutes earlier ‘staring’ at the empty parking space for about 2-3 minutes which at the time seemed very odd.
Naturally I contested this, offering witness statements, and went through the appropriate appeals with ParkRight, Shrewsbury (Shropshire)
As months went on, I received notice that the fine had now increased from £60 to £90, so in turn I contested this again, offering evidence.
The warden had stated that he observed my car for over 7 minutes (later changing this to over 5 minutes?!), but the vehicle was their for LESS than 45 seconds! I have also pointed out (tedious it may seem) that my car being as old as it is and with very high mileage would not cope with being left running idle for over 7 minutes (or 5 minutes for that matter!). Again, if I was to have been their for as long as they claimed, I would have parked down the side of my property, off road.
The last correspondence I received was 8th December 08 stating that a bailiff would be coming round to remove goods/car to service the now £113 debt. Naturally this was contested again. Speaking to Newlyn in Northampton (I think 11th December 08) they agreed to suspend the notice until further correspondence was received from Parkright in Shrewsbury. Again, I backed-up this with a covering letter and now asking for compensation due to the distress this has now caused me and my family! lol
On Thursday 12th February 2009 at 06.15 my car had been clamped without any forewarning whatsoever! So I phoned the bailiff (7.30am) and explained that the so-called ‘offence‘ had been suspended by his solicitors December the 8th, he was pleasant and said he would get back to me. He did call me back (1345hrs) but this time was aggressive, demanding payment their and then claiming he would enter my property without warrant and whether it was locked or not to retrieve his monies as the car value would not service the debt when it was going to auction in 6 days time! He was foul mouthed on this occasion so the conversation promptly ended…
Anyway at 1615hrs my wife phoned me at work to say the car was about to be towed-away! (luckily!?!? due to having no car - I worked from the local office in Oswesty instead of my usual 20mile journey to Welshpool), so, I was home within 5 minutes using the work van. The aggressive bailiff, once seeing me all of a sudden became reasonably pleasant?! But stated that now I had to pay in CASH ONLY there and then. I stated that I was willing to pay him without protest but didn’t have the apparently now £500+ cash to hand and he had no right to take the car without a warrant or court order. In return, he stated that a court order was made in Feb 08 (less than 28 days after issuing the parking ticket?) and he had a warrant (but would not let me see it). He then stated that I had plenty of time to pay and if I could not give him the cash, the car was going! At this (fortunately? unfortunately?) the police had arrived (apparently I was blocking the highway with the works transit?). As the discussions went on, the costs had risen to over £700 due to the transporter being requested.
Be all and end all, I didn’t have £715 odd cash and certainly didn’t have sufficient time (approx 2+ hrs) to acquire this - hence off the car went on the back of a transporter.
As I returned home I discovered the bailiff had posted the notice of seizure to the wrong address (photo’s taken) - so I had my car taken before any form of notice! (would that be theft ?!?)
Best of all the ‘seizure’ notice states ‘Road Traffic Offence, Shrewsbury’. We live in Oswestry, some 19 mile north of Shrewsbury!
Friday the 13th - I phoned the bailiff asking to pay by card (which 1st thing Thursday stated was an option over the phone), he refused. The bailiff then said I had to pay through Nat West bank only, but refused to give the bank details. It was Saturday morning before the bailiff ‘text’ me the bank details which now means retrieving the vehicle Monday (and missing a days work and pay) as car-pounds are not open weekends.
I collected my £700 car on the Monday at a cost of almost £800 only to find that they had broken into it. The electric window had been taken off its runner and the steering lock was off. Also for good measure I have another scrape on the wheel arch (approx 4 inch) great!
Any suggestions how to get my money back and teach these money grabbing councils a lesson or two?
The rear wheel of my poor OLD Vectra (approx value £700+) was on the ‘T’ of a single yellow line.
Id left my engine running and the indicator flashing away as I entered my home to collect my baby (I guess technically loading/unloading?) thus spending LESS than 45 seconds to put a coat on my baby and return to fasten him in the rear seat of my car. When I got back into the driver seat of the car - there it was! Plastered on the windscreen!!
As I removed the notice from the windscreen, the landlord of the pub opposite informed me that the warden was issuing the ticket as he walked-up the road and without stopping placed it on the windscreen! Only as the warden passed the car did he stop to turn around and promptly take photo of the rear of the car showing the wheel on the ‘T’ of the single yellow line. Another witness said that the warden had been outside the house less than 10 minutes earlier ‘staring’ at the empty parking space for about 2-3 minutes which at the time seemed very odd.
Naturally I contested this, offering witness statements, and went through the appropriate appeals with ParkRight, Shrewsbury (Shropshire)
As months went on, I received notice that the fine had now increased from £60 to £90, so in turn I contested this again, offering evidence.
The warden had stated that he observed my car for over 7 minutes (later changing this to over 5 minutes?!), but the vehicle was their for LESS than 45 seconds! I have also pointed out (tedious it may seem) that my car being as old as it is and with very high mileage would not cope with being left running idle for over 7 minutes (or 5 minutes for that matter!). Again, if I was to have been their for as long as they claimed, I would have parked down the side of my property, off road.
The last correspondence I received was 8th December 08 stating that a bailiff would be coming round to remove goods/car to service the now £113 debt. Naturally this was contested again. Speaking to Newlyn in Northampton (I think 11th December 08) they agreed to suspend the notice until further correspondence was received from Parkright in Shrewsbury. Again, I backed-up this with a covering letter and now asking for compensation due to the distress this has now caused me and my family! lol
On Thursday 12th February 2009 at 06.15 my car had been clamped without any forewarning whatsoever! So I phoned the bailiff (7.30am) and explained that the so-called ‘offence‘ had been suspended by his solicitors December the 8th, he was pleasant and said he would get back to me. He did call me back (1345hrs) but this time was aggressive, demanding payment their and then claiming he would enter my property without warrant and whether it was locked or not to retrieve his monies as the car value would not service the debt when it was going to auction in 6 days time! He was foul mouthed on this occasion so the conversation promptly ended…
Anyway at 1615hrs my wife phoned me at work to say the car was about to be towed-away! (luckily!?!? due to having no car - I worked from the local office in Oswesty instead of my usual 20mile journey to Welshpool), so, I was home within 5 minutes using the work van. The aggressive bailiff, once seeing me all of a sudden became reasonably pleasant?! But stated that now I had to pay in CASH ONLY there and then. I stated that I was willing to pay him without protest but didn’t have the apparently now £500+ cash to hand and he had no right to take the car without a warrant or court order. In return, he stated that a court order was made in Feb 08 (less than 28 days after issuing the parking ticket?) and he had a warrant (but would not let me see it). He then stated that I had plenty of time to pay and if I could not give him the cash, the car was going! At this (fortunately? unfortunately?) the police had arrived (apparently I was blocking the highway with the works transit?). As the discussions went on, the costs had risen to over £700 due to the transporter being requested.
Be all and end all, I didn’t have £715 odd cash and certainly didn’t have sufficient time (approx 2+ hrs) to acquire this - hence off the car went on the back of a transporter.
As I returned home I discovered the bailiff had posted the notice of seizure to the wrong address (photo’s taken) - so I had my car taken before any form of notice! (would that be theft ?!?)
Best of all the ‘seizure’ notice states ‘Road Traffic Offence, Shrewsbury’. We live in Oswestry, some 19 mile north of Shrewsbury!
Friday the 13th - I phoned the bailiff asking to pay by card (which 1st thing Thursday stated was an option over the phone), he refused. The bailiff then said I had to pay through Nat West bank only, but refused to give the bank details. It was Saturday morning before the bailiff ‘text’ me the bank details which now means retrieving the vehicle Monday (and missing a days work and pay) as car-pounds are not open weekends.
I collected my £700 car on the Monday at a cost of almost £800 only to find that they had broken into it. The electric window had been taken off its runner and the steering lock was off. Also for good measure I have another scrape on the wheel arch (approx 4 inch) great!
Any suggestions how to get my money back and teach these money grabbing councils a lesson or two?
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Comments
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I'm hoping that you have all the papers you rec'd available as Neil etc will probably want to have scans of both sides of each sheet after you have removed identifying marks. Best of luck.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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A long opening post but not quite the whole story? The bit in the middle - what appeals took place and responses and subsequent action, etc.
It is possible that you can still make an Out of Time Statutory Declaration - if you qualify on one of the grounds.
without seeing docs - impossible to tell.
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When it comes to official parking tickets, if it is a valid offence the best thing you can do is pay up. I know its hard but often,its less stressful and cheaper and its rare that you can beat the system
Do you agree that you were committing a parking offence?0 -
When it comes to official parking tickets, if it is a valid offence the best thing you can do is pay up. I know its hard but often,its less stressful and cheaper and its rare that you can beat the system
Do you agree that you were committing a parking offence?
Not necessarily, councils are notorious for getting signs, lines, bays and paperwork wrong and not admitting it of course. The only reason there's so few appeal wins is because so few people realise that councils have to follow rules as well and if they -don't you win.I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0 -
When it comes to official parking tickets, if it is a valid offence the best thing you can do is pay up. I know its hard but often,its less stressful and cheaper and its rare that you can beat the system
Do you agree that you were committing a parking offence?
I thought we'd got rid of these muppets???
Pay what exactly?? Did you read at all?
You can confirm the following can you>>
Signage was correct? All Documents issued were legally compliant?
That there was a contravention? - clearly not based on the info given. Presumably you know better than the highly experienced and qualified Adjudicators and the case of 'Wanambwa v Southwark' doesn't apply at all in your opinion.
That the Bailiff has acted legally, i.e. acceptable charges, valid and in date Warrant, acted within powers and did not mislead - as some do. Oh - how about - is a bailiff at all?
Oh - and no 'offence' is alleged.0 -
I thought we'd got rid of these muppets???
Pay what exactly?? Did you read at all?
You can confirm the following can you>>
Signage was correct? All Documents issued were legally compliant?
That there was a contravention? - clearly not based on the info given. Presumably you know better than the highly experienced and qualified Adjudicators and the case of 'Wanambwa v Southwark' doesn't apply at all in your opinion.
That the Bailiff has acted legally, i.e. acceptable charges, valid and in date Warrant, acted within powers and did not mislead - as some do. Oh - how about - is a bailiff at all?
Oh - and no 'offence' is alleged.
Kindly moderate your tone young man.
I am not moralising. I am simply stating that the time to check if the ticket was right or wrong is in the interim between it being issued and the deadline for payment.
If you satisfy yourself that an offence was committed and that all is in order then it really is money saving and less stressful to pay up because without a legitimate and water tight challenge,your stuffed. Pay up,lick your wounds and live to fight another day.
I had a similar issue a while back. Got bus lane contravention ticket. went back,studied the layout,painting,distances,signage etc then asked for copy of video as proof. no brainer,bang to rights,paid up on the early payment option as resistance was futile.
I know we may not like it and neither did I but there are battles to be fought and won and battles where its safer to retreat.
I do hope the OP keeps us up to date as to whether he will challenge and what progress he makes?0 -
Kindly moderate your tone young man.
I am not moralising. I am simply stating that the time to check if the ticket was right or wrong is in the interim between it being issued and the deadline for payment.
If you satisfy yourself that an offence was committed and that all is in order then it really is money saving and less stressful to pay up because without a legitimate and water tight challenge,your stuffed. Pay up,lick your wounds and live to fight another day.
I had a similar issue a while back. Got bus lane contravention ticket. went back,studied the layout,painting,distances,signage etc then asked for copy of video as proof. no brainer,bang to rights,paid up on the early payment option as resistance was futile.
I know we may not like it and neither did I but there are battles to be fought and won and battles where its safer to retreat.
I do hope the OP keeps us up to date as to whether he will challenge and what progress he makes?
yeah my tone was anger!
You must be really dumb! Like I said - READ IT! How can your advice to pay possibly apply?????????
Also read the circumstances - and how do you work out that is a contravention?? ( NOT an "offence" ie repeat).0 -
As you apparently consider that you are some hot shot lawyer,perhaps you will assist the OP and he will win his case and maybe even get compensation.
I wish you both well.
Do report back ?0 -
Before you started your pious advice, you could have at least read the OP if you couldn't be bothered with the whole thread.0
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