Parking Ticket Appeals discussion

derektrophy

quoting MSE : "When you collect your vehicle from the pound, take your driving licence (counterpart and photocard), the vehicle registration document and a utility bill with your address".

Virtually no one carries all these documents with us.......so if your car were to get lifted/compounded say in BOURNEMOUTH.........and you live 300 miles away (OR ABROAD).......you really got to fly home , and get back fast coz each day the charges run up and up and crush-day is getting nearer too !

It gets worse if you just bought the car.......coz the seller holds onto the log book and you only get a little tear-off portion of the original log-book.....and you are completely reliant upon the seller to send it off speedily ..can take over 2 weeks !!

Worse still.you just moved house and registered car at new address/or still at old address......and you dont yet have a utility bill ....... "oh dear, your ultitity bill is over 3 months old sir, sorry you cant have your car"......and they charge you another day or two whilst you go sort it out.....!! .


compounding is outrageous and should be banned.

By the way.......as you dont have a ticket ( coz you got no car), the first time you learn what documents they require is when the person at the compound tells you......AND IF YOU DONT CATCH IT CLEARLY, YOU END UP WITHOUT ONE ITEM AND A RED FACE.......AND OFF YOU HAVE TO GO TO GET IT ALL......or in my case i argued that he did not tell me the full list........Grrrrr......but it did no good, i went back and forth 4 times from home.......and guess what, my car had been damaged when they lifted it up......so I asked to see the pictures they took "before" they lifted it but they refused......I took my own pictures of the car in the compound in damamged state.

I HAVE ISSUED A SUMMONS IN COUNTY COURT........still waiting to see there defence !

Good luck......maybe a PETITION should be made about these rogue traders.

dogsbody321

Petitions are ignored by this government. This is the sort of draconion cr*p that they love, so don't expect it to go away any time soon.

Legalised robbery is all is.

Campfreddy_2

I thought it might be worth mentioning the 56 day rule as I found that many councils do not know about this but it is clearly written in the Road Traffic Act. In summary, once you have submitted your appeal, the PCN issuer has 56 days to serve a response to that appeal (by serve, this means that it has to be received by the appealer 56 days from receipt of appeal, not posted on the 56th day).

If the PCN issuer has not served a response within 56 days, the appeal is deemed to have been accepted, the PCN cancelled and any money paid to be refunded. Full wording/act here: http://www.opsi.gov.uk/acts/acts1991/ukpga_19910040_en_7#pt2-pb3-l1g71

The wording in the Road Traffic Act is as follows:

(6) It shall be the duty of an authority to whom representations are duly made under this section, before the end of the period of 56 days beginning with the date on which they receive the representations—
(a) to consider them and any supporting evidence which the person making them provides; and
(b) to serve on that person notice of their decision as to whether they accept that the ground in question has been established.

..........


(9) Where an authority fail to comply with subsection (6) above before the end of the period of 56 days mentioned there—
they shall be deemed to have accepted that the ground in question has cbeen established and to have served notice to that effect under subsection (7) above; and
subsection (7) above shall have effect as if it required any refund to be made immediately after the end of that period.



The reason that I know this was because my car was towed away (totally unresaonably). I sent an appeal and Haringey Council just took forever to respond. Few people know about this rule but I researched it and on the 57th day I called the council to get my refund and told them that they were breaking the law if they didn't refund me - I even threatened them with further legal action and costs. I got all my money back and the PCN was cancelled.

In order to ensure that the issuer has received your appeal, ensure that you send it by recorded delivery so that you have proof - the 56 days start from when they have received your appeal and ends on the 56th day when you should have a response in your hand.

Good luck

Campfreddy_2

ah4tnc wrote: »

Hi Peeps
when i made my representation and personally handed in the parking shop, so i know they definetly got it.

I would advise that whenever you hand anything in personally, you ask the person to take a copy of your letter, date stamp it and sign it and give it to you.

If you have a receipt, then they can't blame you if they took your letter and 'lost' it.

Campfreddy_2

worotan wrote: »

I recently received a ticket for having parked on a single yellow line in a side street in Manchester. I parked on this street because there were no signs on any of the lampposts in the street detailing when you could and couldn't park there, and I assumed that the law still stood that required there to be a warning. However, when I contested my ticket, the council replied that Manchester has been designated a zone in which the parking strictures are advertised on signs on the way into town, so that individual signs do not need to exist - there is a blanket rule.

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.

dogsbody321

So, does anyone know what I have to do next? They have rejected my first appeal, how do I do a second one?

Campfreddy_2

dogsbody321 wrote: »

I appealled a ticket as the double yellow lines I had parked on were barely visible - seriously, you couldn't see them in the dark, which is when I parked.

I appealled and sent photographs of the virtually invisible lines and the lack of a t-bar at the very end of the line.

I have just received a letter back stating that despite this, it's not the councils responsibilty to keep the lines in a good condition (surely it IS!) and bad luck but pay up anyway.

In one of the pictures, you can clearly see my girlfriend at work (we live next door to where she works) and she is talking to my mother. The car recieved the ticket on it's windscreen on a Saturday - a day when she WOULD NOT have been at work!!

I think that the picture that they sent you was probably to show that the lines were sufficiently painted in, not that the offence was caused at that time - you say it happened at night?

Secondly, the lines have to be solid - I am pretty sure that PATAS (http://www.parkingandtrafficappeals.gov.uk/) have info on their site about what signs and road markings are not acceptable.

However, I would appeal again and keep appealing - eventually it comes to a court case and you can put your point of view over in person. I nearly got to a court case, but they decided to drop it when they found out I was keen!!!

Campfreddy_2

Hi everyone - as you have propably gathered, I have appealed and won tons of parking tickets. Here is some advice if you ride a motorbike like I do.

I travel work on my bike. If I have to go to any meeting in central London, invariably all the motorbike bays are full by 10am so my other options are either multistorey car park - a good option as their all day parking tends to be very cheap cos they can stick you in corners where cars won't fit - or put the bike in a pay and display bay. I can't tell you how many PCNs I've had - but I've won all the appeals. Here's what you need to know/do:

1. Pay and display bays are for motorised vehicles - that includes motorbikes. You are legally entitled to park there if you buy a ticket - don't let traffic wardens tell you otherwise.
2. Attach a second tax disc holder to your motorbike.
3. Buy a ticket (very important this bit) and put it in your second tax disc holder - thus you have paid and displayed.
4. Take a picture of it on your camera phone before you leave.

If you return and find a ticket on your bike (like I have sooooo many times because wardens are blind), simply send a copy of your P&D ticket and a photo of it in your tax disc holder. Appeal should be accepted.

If like me you have to deal stupid councils too who do not just cancel your appeal, then list all the costs you have incurred dealing with this and make a small claim (MCOL). I once got £220 from Southwark Council because they spent 9 months hounding me for two PCNs that they put on my bike.

Once you have parked and received a PCN, it is illegal to put another PCN on that vehicle for the rest of the day. If you move the vehicle, then you can get another PCN. Southwark were not only blind but also issued me two tickets.

Good luck.

dogsbody321

Thanks for the reply.

So, I don't send payment to them as they suggest. I send another letter?

bargeboy1966

Hi all,
I'm the new boy here and was wondering if anybody can help me please.
I've been issued with 7 PCN's in the last 8 months, all for parking outside the property I rent in Hereford. The parking bay outside, (unlike the metered red bays of London(?) is made up of dotted white and yellow lines, although these are pretty much worn out. There is also a visible sign stating the 2 hour restriction and no return within a further 2 hours. I have no quarms with the fact that on each occasion I have overstayed my allocated time (although only by mins in certain cases), my query is with the bay's road-markings.
I have been told that the road-markings around the bay do not conform to the regulations set out by the power that be. This information was given to me but was more specific to London transport. I was wondering if anybody could advise me where i can find details and diagrams of what is legal or not. I have been told that if the markings are incorrect then the ticket has been issued unlawfully and I have a case.
Hereford Council's parking dept don't want to know about it and keep threatening me with court and bailliff action. I have told them my current situation, i lost my job 5 months ago and am currently only in receipt of benefits, that i'm a single-parent father and that I just can't afford to pay it...THEY DON'T CARE!
I know it's a long shot but I'm hoping to get away with paying it on account of non-regulation markings...please can someone help me out. Many thanks for reading,
kind regards Mark