Main site > MoneySavingExpert.com Forums > Household & Travel > Motoring > Parking tickets under scrutiny. Legal loopholes (Page 1)

IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
Parking tickets under scrutiny. Legal loopholes
Closed Thread
Views: 20,248
Thread Tools Search this Thread Display Modes
# 1
opportunity_cost
Old 14-04-2006, 10:39 PM
MoneySaving Stalwart
 
Join Date: Jan 2005
Posts: 352
Exclamation Parking tickets under scrutiny. Legal loopholes

The 'Tonight with Trevor McDonald' program has just done an expose on parking fines. Jonathan Maitland talked to various experts and parking officials and a number of issues were highlighted, namely:

1. The wording that some councils have used on the ticket themselves was wrong and made them unenforceable in a court of law.

(Program said that that was the case at least until November 2005 when a motorist won an appeal on that basis and the councils were advised to revise their wording on penalty tickets. They also added that some people with old tickets are appealing to get their money back on the same basis)

2. In London alone, many parking bays are incorrectly marked and are not found in the Road Traffic Act, therefore making them illegal. Examples given were:
a) parking bays delimited by a double line at one end and a single line at the other end.

b) parking bays where the broken white lines don't cover the lenght of the parking bay in its entirety.

(Parking expert said he's advised people on this matter and that they've won appeals using the Road Traffic Act)

3. Parking signs that also contravene the Road Traffic Act. Examples highlighted were signs at parking bays that should have stopped being used after a given date (1994 was mentioned in one example), making them illegal and unenforceable also.

The parking officials interviewed ackowledged that the issues above could well make a parking fine unenforceable. Their reply to "are you gonna give people affected by this issues their money back?" was along the lines of 'if you pay the fine, you've agreed to it so everything else doesn't matter' and they suggested that people should challenge the fine before paying up if they have any issues with it.

(Program implied that some people are going ahead and launchil appeals using these loopholes and that people are winning appeals and getting their money back)

Even Jonathan Maitland himself - he's disputing a parking fine he got - has managed to get the High Court to review his failed appeal after going with the parking expert advice and using the Road Traffic Act in his defence, so this could be massive

Last edited by opportunity_cost; 14-04-2006 at 10:46 PM.
opportunity_cost is offline
Report Post
The Following User Says Thank You to opportunity_cost For This Useful Post: Show me >>
# 2
robowen
Old 15-04-2006, 5:13 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Dec 2004
Location: Terranora, NSW
Posts: 2,962
Default

It does annoy me when they say motorists are using 'Loopholes'.
It has nothing to do with it being a loophole, its more to do with defending a penalty charge / fine / TAX where the law has not been served correctly.
Councils may say loophole, motorist say incompetence. If the council can't get the law right...its their own fault.

If you.....as a motorist , make a tiny mistake, any mistake they hit you with a fine and probably a clamp.
So, the same should happen to the council. If they fail to adhere to the law and not serve the law correctly....why should they keep the fine money ?

I dont suppose you recall the document the expert used to research the road signs :confused: I'm not sure if it were the road traffic act but, I dont think that had diagrams of signs in it

rob
If only everything in life was as reliable...AS ME !!
robowen 5/6/2005©

''Never take an idiot anywhere with you. You'll always find one when you get there.''
robowen is offline
Report Post
# 3
tonys
Old 17-04-2006, 2:18 AM
MoneySaving Stalwart
 
Join Date: Mar 2005
Posts: 332
Default

If you go to www.rmbconsulting.co.uk then select "faqs", under parking
info is a link to the relevant government website on regs. relating to road
signs etc.
Richards site has been upgraded and sadly not for the better. It now has had
flash added which lengthens loading times and many helpful diagrams on
errors in signage have been removed. Nevertheless this appears to be the only site I can find that helps determine whether parking and speeding signs have been lawfully erected.
tonys is offline
Report Post
The Following User Says Thank You to tonys For This Useful Post: Show me >>
# 4
Smiley_Mum
Old 17-04-2006, 2:55 AM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Feb 2004
Posts: 3,778
Default

Here is one of the websites that was mentioned...

http://www.ticketbusters.co.uk/

Also this one...

http://www.appealnow.com/

Although I am not a driver, I have a feeling that this thread will run and run...

Robowen,

I think this is the info you are after re the Acts...

The 1991 Road Traffic Act (decriminalised) and The 1984 Road Traffic Regulation Act (criminalised).

See this link for further information...

http://neilherron.blogspot.com/2005/...ing-issue.html
“Ordinary riches can be stolen, real riches cannot. In your soul are infinitely precious things that cannot be taken from you.” - Oscar Wilde

Last edited by Smiley_Mum; 17-04-2006 at 3:05 AM.
Smiley_Mum is offline
Report Post
The Following User Says Thank You to Smiley_Mum For This Useful Post: Show me >>
# 5
glenbat
Old 17-04-2006, 4:00 AM
MoneySaving Stalwart
 
Join Date: Feb 2005
Location: Herts/Essex
Posts: 425
Default

must confess..

last time i drove past a traffic warden in town, i tossed a 7/8 full large Maccy D milkshake out my window (minus its lid) and scored a direct hit. Bearing in mind it as a busy Saturday afternoon all I got was cheers from about 15 pedestrians and toots from a lot of car drivers
glenbat is offline
Report Post
# 6
Cumbrian Male
Old 17-04-2006, 10:27 PM
Serious MoneySaving Fan
 
Join Date: Aug 2005
Posts: 1,487
Default

You will want to look up Traffic Signs Regulations and General Directions 2005

And

Traffic Signs Regulations and General Directions 2002

Not light reading though.
Cumbrian Male is offline
Report Post
The Following User Says Thank You to Cumbrian Male For This Useful Post: Show me >>
# 7
littlewolf75
Old 01-05-2010, 5:01 PM
MoneySaving Newbie
 
Join Date: Apr 2010
Posts: 4
Default parking fine

I have been issued with a parking ticket today, in a council car park because the ticket that I had paid for and displayed blew over either when I shut my door or because air blew through the vents on my dashboard. The ticket was not self adhesive so there was no way to secure the ticket and quite honestly I didn't consider the need to do so. On returning to my car, with the ticket still valid, I found a fixed penalty notice on the windscreen. The parking attendant was still near my car so I showed him my valid ticket and the penalty notice. He told me that it was my responsibility to ensure that the ticket was displayed properly and that most people like me were "con artists trying to get away with using old tickets" He told me that he had photographic evidence that the ticket was 180'd. He admitted the ticket was valid but that was not his problem so he would not cancel the ticket. I pointed out that there was no way to stick the ticket in place and that it was a windy day. I was told that I would have to phone the council but bthat they would not cancel it either as it was my fault. Do I have any chance of having this ticket cancelled?
littlewolf75 is offline
Report Post
# 8
Kilty
Old 01-05-2010, 5:06 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Feb 2006
Posts: 5,738
Default

Holy thread resurrection, Batman!

Try posting in the Parking Fines section
Kilty is offline
Report Post
Closed Thread

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT. The time now is 7:23 PM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 29 October 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

TuneChecker Top Albums

  • VARIOUS ARTISTSBBC RADIO 1'S LIVE LOUNGE 2014
  • TAYLOR SWIFT1989 (DELUXE)
  • ED SHEERANX (DELUXE EDITION)

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.