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Parking Ticket Appeals successes and failures

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13567…57

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  • robert_harper_2000
    robert_harper_2000 Posts: 1,501 Forumite
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    • Who was your ticket from? Brighton Council
    • Which stage did you get to? Informal and formal
    • How much did you get back? Tickets Cancelled
    • Which ground did you appeal under?
      The road markings ended in double white lines rather than single for that bay it made it non-compliant.
    • And then write your brief reclaim tale...
      Being trying to write to our local paper but they're interested, not sure if it maybe be a conflict of interest? But now trying to find ways of getting refunds for people who have previously had tickets and also to 'charge' the council for my time each time I have to appeal as it is always in the same bay and they know the bay is non-compliant but continue to issue tickets
    Help me to help you :santa2:
  • Orford
    Orford Posts: 2,199 Forumite
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    http://www.dft.gov.uk/pgr/roads/tpm/tmaportal/tmafeatures/tmapart6/betterprkoperationalguid/parkingenforcepolicy.pdf

    Page 44:
    Other points about the Penalty Charge Notice

    8.35 Authorities should not issue PCNs when traffic signs or road markings are
    incorrect, missing or not in accordance with the TRO. These circumstances
    may make the Order unenforceable. If a representation against a PCN shows
    that a traffic sign or road marking was defective, the authority should accept
    the representation because the adjudicator is likely to uphold any appeal.
    An enforcement authority may be acting unlawfully and may damage its
    reputation if it continues to issue PCNs that it knows to be unenforceable.
  • robert_harper_2000
    robert_harper_2000 Posts: 1,501 Forumite
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    Perfect. Well Brighotn council is acting unlawfully and damaging its reputation lol.... but I'll read through but what can you do about it? Get tickets refunded?? charge them lol
    Help me to help you :santa2:
  • trinidadone
    trinidadone Posts: 3,337 Forumite
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    Council : London Borough of Southwark

    Like some people on here, I to have recived parking tickets from over zealous Parking Enforcement Officers (PEO's). But I think i may of got one back for the moterists. In the summer I returned back from the Notting Hill Carnival, it was a hot summer saturday at the end of August. Driving close to where I lived, I noticed a shiny new red Parking Enforcement car parked on a yellow line. I was a little !!!!ed because if i was parked there, i am sure i would of got a ticket. I assumed the PEO's must of been giving tickets to moterists on the road.

    I was shocked to see a PEO in full uniform, a sleep at the wheel of his car at 4:30pm in the afternoon. A second PEO was in the back seat reading a paper. Boi was i ticked. Illegally parked and sleeping on the job.

    I looked for a parking space, could not find one, so stopped my car in the road. I had my camera with me because of carnival and decided to take some pictures. I got out of my car and took pictures of the PEO in the drivers seat asleep and the second one reading nis newspaper. I also took pictures of the car they were in illegally parked.

    As you can imagine, once they realise they were being photographed, they were not too pleased. The PEO in the drivers seat stsrted shouting, asking what i was doing, the second one in the back seat started fiddling about with his handheld computer.

    I never said a word to them. I submitted a complaint with the pictures.

    The council upheld my complaint and informed me there will be retraining and disiplinary against the staff, great i thought. The cheeky PEO informed their manager i racially abused them, real odd, because no concersation occured between me and the officers. Was told there was insufficant evidence to conclude i was racist, but it would be held on record. Not happy with this, so i have decided to esculate my complaint to the third stage of southwarks complaints procedure. How naughty is that???? these are staff who are meant to be trust worthy, i think they need to be sacked. If you make a complaint against a PEO, try and get someone with you, these people will do anything!!! corruption at its best right here!!
    Trinidad - The hottest place to go
  • Neillgb
    Neillgb Posts: 574 Forumite
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    Thought this might be of interest,

    http://www.todaynet.co.uk/parking.php

    Game set and match I think.
  • trinidadone
    trinidadone Posts: 3,337 Forumite
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    Neillgb wrote: »
    Thought this might be of interest,

    http://www.todaynet.co.uk/parking.php

    Game set and match I think.

    thanks for posting that Neilgb, really interesting to read, and one for the moterists
    Trinidad - The hottest place to go
  • Savvysal
    Savvysal Posts: 24 Forumite
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    :mad: Hello there!

    Aldi have recently reduced the allotted parking time for their customers from 2 hours to 1 1/2 hours and to be fair this is well publicised in each of their car parks & I fully understand why they have done so.

    Back in November I received a £70 penalty charge from ParkingEye stating they had photographic evidence of me outstaying my welcome in my local Aldi car park by 15 minutes, but if I paid it before 9th December I would only have to pay £40. I had been a legitmate customer in the store that day, but because I was on my own with my little boy, had bought a mountain of groceries & the store being even busier than usual (increasingly so especially since the credit crunch hit), I didn't manage to make it through the checkout, pack, put the shopping in my car, return the trolley & strap my son into the car then leave in time, so technically I was in breach of the new regulations.

    However, I still challenged the parking penalty & was successful because I had spent over £30 in store & could prove it as I had fortunately (!) kept my receipt. But it was an awful lot of hassle to go through even though it was worth it.

    But what does annoy is that because Aldi is increasingly popular, the time taken to complete your shopping & checkout is increased at busy times. This is compounded by current Aldi protocol of having to pack your shopping at the packing benches & the lack of available checkout staff. So although I'm a big fan & regular customer, I feel their parking policy is extremely short sighted & ill-advised to the point it has put me off from returning. The use of my information from the DVLA for a parking fine is an abuse of power in my humble opinion.

    In addition, Parking Eye refuse to acknowledge receipt of my letter (thank goodness for registered post!) so if the bailiffs did happen to come round by mistake now that the fee has been waived, I have no proof that it has been waived it apart from the surly verbal assurrances from a ParkingEye operative at the time that this scenario isn't going to happen. I for one hope so, but I've kept copies of everything just in case.

    So in short - if you feel it's unjust then do challenge it. I'm glad I did.

    Happy 2009 to you all - here's to a better one!:beer:
  • bargepole
    bargepole Posts: 3,231 Forumite
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    Savvysal wrote: »
    Back in November I received a £70 penalty charge from ParkingEye stating they had photographic evidence of me outstaying my welcome in my local Aldi car park by 15 minutes, but if I paid it before 9th December I would only have to pay £40.
    They can't impose a penalty charge under contract law, so that's a load of tosh.
    Savvysal wrote: »
    ... so technically I was in breach of the new regulations.
    Aldi are a private company, they can't make regulations. Only Councils and Police can.
    Savvysal wrote: »
    The use of my information from the DVLA for a parking fine is an abuse of power in my humble opinion.
    There is no fine involved, just an unenforceable invoice.
    Savvysal wrote: »
    In addition, Parking Eye refuse to acknowledge receipt of my letter (thank goodness for registered post!) so if the bailiffs did happen to come round by mistake ...
    Bailiffs can only get involved if the Parking Co take you to court, and win their case, and you don't pay the judgement within 28 days - all of which is about as likely as finding Elvis serving at the Aldi checkout.
    Savvysal wrote: »
    So in short - if you feel it's unjust then do challenge it. I'm glad I did.
    Well done on getting it cancelled, but you could have saved time and postage by just ignoring all their toytown tickets and letters.

    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.
  • arunadasi
    arunadasi Posts: 1,237 Forumite
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    I have won three cases.

    Once I got a PCN at a car park in Croydon, apparently for not parking properly inside the bay. I appealed against it stating that all the cars were incorrectlt parked and I had no other choice. I won and did not have to pay anything.

    The second time was even more idiotic. I had tried to pick up a friend's son from a house, as he was ill and I was taking him home. But I could not enter the street as there was a fire engine blocking the entrance. So parked on double lines, walked to the house and picked up the boy and his luggage. When I returned there were two traffic wardens writing out a ticket. I explained what had happened and they said it was too late but I should appeal. Well, I lost in the first instance but won in the second - I got the boy, his mother, the people he was staying with, and even the fire services to confirm that I had told the truth!

    Once my son overstayed his time at a meter by about 5 minutes. When he returned to the car there was a clamp on it. This was on a Sunday afternoon, in London, and he was due to return home inthe Southeast that night and drive to his university the next day - but as he didn't have a car the whole plan was messed up. They fined him for removing the clamp as well as storage for the car for one day.
    In this case I used a solicitor - I have access to free legal aid. They got £300 back for me!
  • stoneman
    stoneman Posts: 4,521 Forumite
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    Got a PCN in November in Merton for parking outside the permitted markings for half on half off pavement. Scanned and posted the PCN and Neilb picked up that the 28 day to pay rule had actually been calculated as 29 days. I wrote to them declining their invitation to pay the fine, and yesterday received a letter rescinding my ticket on the grounds that the markings on the road were not up to standard:confused:
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
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