Parking Ticket Appeals successes and failures

Orford

Definitely b). Your friend is spot on. File and ignore everything.

esmerobbo

Its been answered But just to confirm its option "B" ignore the barstewards!

blennerh2b

My PCN was issued by Brighton City Council.
I had received an NTO and had lodged (faxed) my formal appeal against this.
I didn't pay, so no money refunded.
I appealed under the mitigating circumstances, but the ticket was cancelled as the Council procedural impropriety

My story
I was taking my young daughter (2years old) to a local council run park event. I drove to the park and looked for a space close to the park entrance. I entered a road where both sides of the street had parking spaces. I parked in a space close to the park entrance and opposite a pay and display ticket machine. I bought a ticket for the maximum amount of time, displayed it. What I didn't realise (I had missed the sign) that one side of the road was residents only parking and the other was pay and display. I had parked on the residents side.

When I got back to the car, a ticket had been issued. It wasn't fair. I had made a mistake. I decided to appeal. The first stage failed. The Council said that a mistake wasn't grounds for cancelling a ticket and didn't prove that the intention to commit a crime wasn't there - the crime being that I was taking a residents space (the road was empty - residents had loads of space, also, I feel for the residents, because it was during this process, that I discovered residents have to pay £108 for a parking permit that doesn't even guaruntee them a parking space) which they (the resident) had paid for.

I was determined. I decided to go all the way. I waited for the NTO and lodged my second appeal, which I faxed to them. I pointed out that this was my first offence and was a genuine mistake and I had bought a valid parking ticket, but just parked on the wrong side of the road. I faxed my response to save the inconvenience of having to post the letter by recorded delivery. This was at the beginning of December 2010. I decided to put the matter out of my mind.

In January, I received a letter saying that I owed the full amount as I hadn't appealed. I phoned the parking office to check they had received the fax of my appeal. They checked and they had, but they said that I should write asking them to respond to my appeal, which I said I would do.

When I put the phone down, I thought, hang on a minute. Why should I have to write to the Council asking them to respond to my appeal. Why should I have to waste my time and money. So I didn't write.

Today, I received another letter, threatening court and saying they would take goods etc. as I hadn't appealed. My partner opened the letter and phoned the Council. The person said I was supposed to write in. He asked why should I have to write in when they had the appeal documents there. It seems my partner had a long discussion and in the end, the council said they would cancel the parking ticket as the council had made procedural errors. The council officer did say that had it gone to appeal, the appeal would have failed as a mistake/error wasn't allowed.


Summary
I understand that the parking attendant has a job to do and doesn't not have the wherewithal to make a commonsense judgement, but the council should have let common sense prevail at the first appeal. I would have gone to court. I am not a criminal, it was an error. I am human and to err is human.

Thankyou MSE for giving me the courage to stand up to these bullies. Without you, I probably would have paid the fine - like my friend did.:rotfl::T:beer:

Coupon-mad

Well done, BH Council hate motorists don't they? Good old Sussex by the Sea!

Seagulls! :T

peter_the_piper

So, if you make an error you are fined and the error is not grounds to cancel. However if the council make an error (when they admit it) then it can be cancelled.

JaspaC

Who was your ticket from? (e.g. Civil, Police or Criminal)

Charnwood Borough Council With Leicestershire County Council (off road car park)

Which stage did you get to? (e.g. informal, formal, tribunal, Ombudsman)

Tribunal

How much did you get back?

I did not have to pay the fine and
£82.62 in costs is now owed to me by the council as awarded by the Tribunal Service.

Which ground did you appeal under?
And then write your brief reclaim tale...

full explainations can be found in this thread:

http://forums.pepipoo.com/index.php?showtopic=45417 A website recommended from this forum


Cheers MSE!

jj7224

I am new to these forums and indeed this is my very first. I have read all the advice and am going to ignore ignore ignore. However I am probably not made of the stern stuff you need but am going to give it a try. I am RK and received a 'invoice' from UK Parking Control for parking in disabled bay. I was not driving my husband was and his valid disabled badge was displayed however he thinks the clock badge was very partially covering the date on the actual badge. It is completely in date and valid. I was tempted to write Martins letter saying I was not the driver and can also prove the badges were in date and valid but having read all the advice on here (which is excellent) decided not to. I have received my second letter from them from a debt recovery agency threatening legal action. They quote amongst others "this account will be passed to out litigation team and legal recovery action may commence' 'A typical case will be referred to the County Courts for an application for a CCJ and if successful enforcement options will include an attachment of earnings order, county court bailiffs being instructed". They also state in bold letters "you can view a selection of CCJ's we have successfully obtained against people who have ignored our correspondence on our website drpl co uk. I am a little intimated by this and need some advise on whether to still ignore.
Thank you so much.

trisontana

jj7224 wrote: »

I am new to these forums and indeed this is my very first. I have read all the advice and am going to ignore ignore ignore. However I am probably not made of the stern stuff you need but am going to give it a try. I am RK and received a 'invoice' from UK Parking Control for parking in disabled bay. I was not driving my husband was and his valid disabled badge was displayed however he thinks the clock badge was very partially covering the date on the actual badge. It is completely in date and valid. I was tempted to write Martins letter saying I was not the driver and can also prove the badges were in date and valid but having read all the advice on here (which is excellent) decided not to. I have received my second letter from them from a debt recovery agency threatening legal action. They quote amongst others "this account will be passed to out litigation team and legal recovery action may commence' 'A typical case will be referred to the County Courts for an application for a CCJ and if successful enforcement options will include an attachment of earnings order, county court bailiffs being instructed". They also state in bold letters "you can view a selection of CCJ's we have successfully obtained against people who have ignored our correspondence on our website drpl co uk. I am a little intimated by this and need some advise on whether to still ignore.
Thank you so much.

Just keep ignoring, these hollow threats are designed to intimidate and frighten you. As for those CCJs, one thing they don't mention is if they actually relate to private parking tickets or "proper" debts such as council tax or council parking tickets.

It would have been better if you had started your own thread as this particular one is about parking appeals. And welcome to this forum !

esmerobbo

jj7224 wrote: »

I am new to these forums and indeed this is my very first. I have read all the advice and am going to ignore ignore ignore. However I am probably not made of the stern stuff you need but am going to give it a try. I am RK and received a 'invoice' from UK Parking Control for parking in disabled bay. I was not driving my husband was and his valid disabled badge was displayed however he thinks the clock badge was very partially covering the date on the actual badge. It is completely in date and valid. I was tempted to write Martins letter saying I was not the driver and can also prove the badges were in date and valid but having read all the advice on here (which is excellent) decided not to. I have received my second letter from them from a debt recovery agency threatening legal action. They quote amongst others "this account will be passed to out litigation team and legal recovery action may commence' 'A typical case will be referred to the County Courts for an application for a CCJ and if successful enforcement options will include an attachment of earnings order, county court bailiffs being instructed". They also state in bold letters "you can view a selection of CCJ's we have successfully obtained against people who have ignored our correspondence on our website drpl co uk. I am a little intimated by this and need some advise on whether to still ignore.
Thank you so much.

They love the successful CCJ threat, however its funny they never say what the successful CCJ's were obtained for. Every creditor can produce a list of successful CCJ,s as there easy to obtain with a legit account!
I am sure if they had one for a PPC it would be notified on their silly website!

neil_peach

I recently parked my mums car (with disabled badge on display) while she went to the post office. On returning to the car i found a police community officer writing out a ticket. it turned out i was parked in a loading bay.
i drove off before the ticket could be issued, because my mum was waiting for me outside the post office in the rain.
5 days later 2 police officers turned up at my girlfriends house asking her to pass on a fixed penalty to me., even though the said fixed penalty notice has no name and address on it, only my mums car registration. (they phoned her to ask who was driving)
any legal advice will be appreciated thanks.