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Parking Ticket Appeals article discussion

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  • bargepole
    bargepole Posts: 3,231 Forumite
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    Morning all, just writing initial appeals letter to the council

    should I include the ticket and receipt from the ticket machine, or should I just state I have them at this stage?

    Thanks
    I would photocopy them and send in the copies - they have a habit of "losing" such items.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Pestie
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    Any advice appreciated please..

    Basically I was stupid, parked in a residents bay to run to a nearby shop. it was literally 2 minutes away. I left my wife, who cant drive and 3 small kids in the car.

    Came back after 5 mintues to find a PCN from the council issued.

    The scumbag warden watched me park and walk off, and as soon as I'd gone he came over with his little machine, no doubt expecting the car to be empty. My wife challenged him saying that I would literally be mintues, but he just mumbled under his breath, issued the tickets and beat a quick retreat, just as I came back to the car.

    Is there a measure of reasonablness they must adhere to? I have parked in a quiet back alley, there was no one else around, and having left my entire family in the car - it was quite clear I was coming back. His ticket said I'd parked at 2.02, and ticket issued at 2.06.

    It's my first ever ticket.

    Surley they cant be that draconian nowadays can they?

    Any advice appreciated.
  • sk1471
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    I parked in a pay and display in an area of North London that I am familiar
    with in November. I always buy a ticket. When I returned to the car there
    was no PCN on the windscreen or any sign of adhesive which may have remained
    if someone had tried to take it off.

    At the beginning of January 09 I received a Notice to Owner for non display
    of a ticket. The PCN was issued by a CEO, not from CCTV.

    I appealed requesting photographic evidence. The appeal was rejected on the
    grounds that they did not legally have to provide proof, effectively saying
    that the word of the officer was sufficient. My understanding is that a CEO
    takes photographs for evidence, should it be required. Are there some rogue
    CEO's out there who are taking advantage of this?

    As some time had passed since, I have no idea if on this occasion I had
    simply forgotten to buy a ticket or if the ticket had fallen on to the
    floor. Any ticket purchased would now have been disposed of.

    Without some element of proof, this seems to me to be an unjust process.


    Does anyone have any suggestions as to what I should include in the next
    appeal? Any advice? Anyone been in a similar situation?



    Thank you for your help.
  • Neil_B
    Neil_B Posts: 1,360 Forumite
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    i'm sure i replied to pestie much as i was about to for this one. Must have got deleted.

    maybe there should be a broad dividing line between 'Stickies' and 'cases' then people might eventually fall in???

    Clue 1471 - what has this got to do with the discussion started at the beginning of this thread?? i.e. Martin's article.
  • Jonny_is_king
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    I never got served with a parking charge notice although they had started writing one - what are my rights?
  • Crabman
    Crabman Posts: 9,943 Forumite
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    I never got served with a parking charge notice although they had started writing one - what are my rights?
    Hi Jonny & welcome to MSE :)

    Was this a council (if so, which one?) or a private company?

    This thread should help either way.
  • bazzaffc
    bazzaffc Posts: 25 Forumite
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    hi everyone.
    mine is a long one. 18 months ago i parked in RBKC, paid at the meter and displayed the ticket on the windscreen. returned 10 minutes later and had a ticket for parking in a suspended bay. the sign was about 20m away and a large van parked there hid the sign. there was a lamp post 2 feet from my car. I took photos and a witness statement at the scene and i appealed the same day. RBKC said they could put the signs anywhere up to 30m away and refused my appeal. i made a second appeal in writing and explained i would go to court to defend muself if needed. heard nothing from them until 13 months later i got a baillifs letter through my door. i then filed an "out of time" thingy which was refused. i have now filed a N244 application which is being heard at my local court sometime soon. First though i need to serve, by march 27th 09, further evidence verified by statement of truth explaining why the statuary declaration was not filed in time and in default the application to set aside the Order dated 31st december 2008 do stand as struck out"..
    what exactly does this all mean? and how do i do it?
    thanks for reading this and i thank you in advance if you can possibly help.

    bazzaffc
  • Niki09
    Niki09 Posts: 1 Newbie
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    Hi,
    Can anybody give me advice on the following problem ?

    On Monday i parked on Burges Road, Newham. The pay & display ticket machine wasn't working as when i put my money in it said "Fatal Error" and my money was returned to me. I tried this a few times but the same thing happened. As i couldn't see any other machine in the vicinity, having walked down the road a bit in either direction, i put a note on my dashboard saying that the machine was out of order.
    Upon returning to my car there was a parking ticket on it. During this time a van came and parked and also couldn't get a ticket from the machine, so the driver just parked and left it, but he returned before the warden could ticket him.
    I then saw the warden and told him that the machine was broken, but he said there were machines further down the road (bearing in mind that this is the first time that i have ever parked on Burges road, so wasn't familiar with it).
    After having walked 180 steps (big strides) i eventually found a machine.

    What i want to know is, have i got any grounds to appeal or should i just pay it ?
  • Karen.B_6
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    I received a parking ticket for parking over my own driveway, this is because I have a CPZ zone with a bay which I have now been told is too big, not like the others in my road so can be moved now. But due to my road being a short cut from the M25, known to be the worse road in my town for parking and traffic problems, have neighbours who have many vehicles - large ones (Lorries) park outside my house night and day, I have complained to the Police and Council about this as they park right on the bay line and as I have a narrow driveway makes it difficult for me to get out of my driveway, had many near misses. I wouldnt park over my driveway and would park in my driveway otherwise. I know its done on purpose as there are other bay spaces but they dont park there, nearer to where they live as they are not direct neighbours to me. I have appealed and lost, told them to take me to court as Ive had enough of it all and dread coming home at night! Any help would be appreciated.
  • giant08
    giant08 Posts: 25 Forumite
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    My husband currently has an appeal - he topped up his parking ticket three times whilst visiting clients and when he returned to his car within the last minute the warden was just issuing the fine. The point here is that the fine clearly states the time it was given as 2.05pm and the expiry of the parking ticket is also 2.05pm. The registration number given is one letter different and the colour of his car is given as silver when it is in fact blue. He has appealed but not really sure if he has a case based on this evidence - we are still waiting to hear...
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