Parking Ticket Appeals discussion

freeisgood

This is an interesting one...

Who should pay my fine?

I recently hired a car and parked in my usual street at work, phoned the council and they placed the car under dispensation (as I normally have a business parking permit on my regular car).

They normally say "you will get a ticket today as it wont be on the parking wardens machine till tomorow" I in the past have got a ticket but have sent it back to the council, and they write to me saying that the ticket is indeed invalid.

This time I waited a while before sending by parking notice back to them, but they took so long to process it or whatever they do, that they sent a request for payment to the car hire company, who then paid the non existant fine and then took it of my debit card (the toads have got my details and it was in the small print they could help themselves)along with a £32 processing fee.

I phoned the council who said "we should have never given you a ticket and yes it was invalid so we will pay the cardholder(ie the car hire company) the £100 pounds back though it will take 2 weeks at least, But the £32 is nothing to do with us.

The car hire company said "we just paid the fine, its in the contract, when we get the £100 pounds back we will pay you back , but we are keeping the £32 pounds it is rightfully ours.

So, it wasnt my fault I have been charged, who should pay me???

My argument is that Barnet should have known the day after the ticket was issued, that it was invalid as the disspensation order was on their computer, i should not need to point it out to them, right? They should have not taken money for a ticket that was not valid, right?

The car hire company should contact the driver before paying out fines that might have already been dealt with or are non existant right?

what to you think?

I am fuming and dont know who to chase, I am owed £132 pounds that is out of my account for no reason.

peter_the_piper

freeisgood wrote: »

This is an interesting one...

Who should pay my fine?

I recently hired a car and parked in my usual street at work, phoned the council and they placed the car under dispensation (as I normally have a business parking permit on my regular car).

They normally say "you will get a ticket today as it wont be on the parking wardens machine till tomorow" I in the past have got a ticket but have sent it back to the council, and they write to me saying that the ticket is indeed invalid.

This time I waited a while before sending by parking notice back to them, but they took so long to process it or whatever they do, that they sent a request for payment to the car hire company, who then paid the non existant fine and then took it of my debit card (the toads have got my details and it was in the small print they could help themselves)along with a £32 processing fee.

I phoned the council who said "we should have never given you a ticket and yes it was invalid so we will pay the cardholder(ie the car hire company) the £100 pounds back though it will take 2 weeks at least, But the £32 is nothing to do with us.

The car hire company said "we just paid the fine, its in the contract, when we get the £100 pounds back we will pay you back , but we are keeping the £32 pounds it is rightfully ours.

So, it wasnt my fault I have been charged, who should pay me???

My argument is that Barnet should have known the day after the ticket was issued, that it was invalid as the disspensation order was on their computer, i should not need to point it out to them, right? They should have not taken money for a ticket that was not valid, right?

The car hire company should contact the driver before paying out fines that might have already been dealt with or are non existant right?

what to you think?

I am fuming and dont know who to chase, I am owed £132 pounds that is out of my account for no reason.

Can I suggest you start your own separate thread as it gets very confusing for those trying to help you. They often find themselves answering the wrong post. I;m sure someone will be able to assist you then.

udydudy

freeisgood wrote: »

This is an interesting one...

Who should pay my fine?

..........

I am fuming and dont know who to chase, I am owed £132 pounds that is out of my account for no reason.

I would suggest that you first contact your credit card company to see if they will put it on dispute as the charge itself was invalid. Secondly write a letter to the hire ocmpany and "cc" to the council parking threatening to go legal unless they refund both the charges i.e the pcn charge and the administrative charge. Give them 2 weeks to respond and send all correspondence by recorded delivery.

Wait for a 3-4 weeks and If they do not respond then file a claim online mentioning the council as the co-defendant and demand your money , interest and costs(including for time spent chasing it- do not go overboard).

I bet one of them will relent. your loss will only be the £32 and the cost of the small claims which I think is £25 for claims upto £300.

I think it is unfair for hire companies to pay upfront without making any attempt to contact the customer before paying and then also charge a £32 admin fee.

Nick_A_2

Hi, I recently got a ticket; I parked outside my house in a resident parking bay but my resident parking permit sticker thing fell off the windscreen and annoyingly the corner that was not visable had the date of issue/expirary.

Do I have any grounds for appeal?

Thanks in advance,

Nick.

Neil_B

Nick_A wrote: »

Hi, I recently got a ticket; I parked outside my house in a resident parking bay but my resident parking permit sticker thing fell off the windscreen and annoyingly the corner that was not visable had the date of issue/expirary.

Do I have any grounds for appeal?

Thanks in advance,

Nick.

Maybe a start would be to read pages 8 and 9 and get the idea of posting a new thread rather than putting yourself in this ridiculously pointless one?

Bill123_2

Hi All

Im looking for some advice. I appealed my parking ticket, due to the fact I had misunderstood the signage. The council have refused my appeal, saying that it is up to me to make sure I understand the signs! I have included the fact that I am new to the area, and have never had a ticket before as mitigating circumstances, but they seem to be totallyt unreasonable. Does anyone have any experience as to if its worth taking my appeasl further, I have to decide today, other wise my fine will double in value by tommorrow.

:mad:

sarahg1969

Bill123 wrote: »

Hi All

Im looking for some advice. I appealed my parking ticket, due to the fact I had misunderstood the signage. The council have refused my appeal, saying that it is up to me to make sure I understand the signs! I have included the fact that I am new to the area, and have never had a ticket before as mitigating circumstances, but they seem to be totallyt unreasonable. Does anyone have any experience as to if its worth taking my appeasl further, I have to decide today, other wise my fine will double in value by tommorrow.

:mad:

It would be helpful if you could start your own thread, and post up ALL of the ticket for us to see, as well as photos of the signs and any road/bay markings. There may well be some errors.

bargepole

Bill123 wrote: »

Hi All

Im looking for some advice. I appealed my parking ticket, due to the fact I had misunderstood the signage. The council have refused my appeal, saying that it is up to me to make sure I understand the signs! I have included the fact that I am new to the area, and have never had a ticket before as mitigating circumstances, but they seem to be totallyt unreasonable. Does anyone have any experience as to if its worth taking my appeasl further, I have to decide today, other wise my fine will double in value by tommorrow.

:mad:

Firstly, start a new thread for this specific ticket, otherwise any advice may get buried in the multiple pages of this general discussion.

When you post the new thread, attach the images of the parking ticket (all pages) but scrub off any personal details, reg nos. etc. If you have a photo of the signs, post them up as well then we can have a look to see if both the paperwork and signage are compliant.

GrammarGirl

Nick_A wrote: »

Hi, I recently got a ticket; I parked outside my house in a resident parking bay but my resident parking permit sticker thing fell off the windscreen and annoyingly the corner that was not visable had the date of issue/expirary.

Do I have any grounds for appeal?

Thanks in advance,

Nick.

This has happened to me before and my appeal was successful. I'd left my window open slightly and my permit (which wasn't secured to the dash at all) had blown off and onto the floor. I wrote a letter to the council explaining the situation, and they were able to check that my car had a valid permit and therefore cancelled my ticket.

Hopefully your council will be as forgiving (My council is Leeds City and they're reasonable... I've appealed against two tickets for similar reasons!) and you've got nothing to lose by asking.

sghughes42

Campfreddy wrote: »

Sadly this is legal. I live in London and bordered three controlled parking zones (CPZ). The one I did not live in was very well signed but when it crossed into the one I did live in, the signs were rubbish. When I got a ticket, I appealed and then found out that someone else was taking the council to task for illegal signage - and suddenly all the parking plates in the area were replaced. (I won my appeal but on the 56 day rule - see my other posting)

I understand there has to be a CPZ information sign at the entrance of the road but there doesn't have to be individual plates along the road. If there was no sign at the start of the road as well as no plates, then you probably have grounds to appeal. You may also be able to appeal if there was insufficient information on the CPZ information sign - ie no times that the CPZ is in force.

It is also worth noting that the single yellow line in a CPZ has the same restrictions as the actual CPZ so if parking restrictions continue til 10pm, then so does the single yellow line.

SWMBO was caught out by this in Manchester. We both travelled the route she took and saw no CPZ signs and the council when asked did not furnish information as to where they were located. Unfortunately, she decided she couldn't face the hassle of going beyond the failed appeal process so she paid up - presumably there is nothing we can do now even though it seems Manchester haven't 'played by the rules'?

Does anything have a sample of what a CPZ sign should look like? Also, Manchester claim they don't need to be on the streets, although in this case there was one sign on the same street, albeit at the far end and with several breaks in the marked parking bay between it and where she parked. The offence was overstaying the time limit. (Although the times of the photos taken don't necessarily prove the offence as she could have moved and returned and still be legal - they were about 6 hours apart in a 3 hour limit, no return in 3 hours. This ticket was the 'final straw' that made her give up the job she was doing at the time - travelling in from where she lives the bus isn't an option and on just over NMW she really struggled to pay the ticket.