Parking Ticket Appeals successes and failures

taffy056

Glad you got your money back eventually, the difference between an independent appeals to private clamping and private parking invoices are stark.

On the face of it the council are in a whole world of trouble if they doctored pictures, I can see heads rolling for that, but you are advised to post this on https://www.pepipoo.com for this, register read the FAQs and post in the parking section, they will have afield day with this.

geoffaitchison

derektrophy wrote: »

I won an appeal. The council did not bother to attend ( as is the norm apparently), the adjudicator (usually a solicitor/former solicitor) ordered the council to refund my £200 fine/compound fees. The council decided to write to me asking me to PROVE I had been the person who actually paid the £200 compound/parking ticket fees ( I paid cash). They did not comply with the order ! I will now issue a summons in county court.

Hi. I know this is a few years down the line, but an interesting tool you have the right to use is sequestration. Put simply, it means you take the person who owes you money to a bankruptcy court. Councils are not excempt. Hope this helps for future disputes.

golfergti

I was with my mum who is a valid Disabled badge holder, I parked in a disabled bay outside our Dr's surgery and clearly displayed the time piece and actual badge but the warden still gave me a ticket!
Whats all that about could I have missed something, We have parked in that bay many times before and never got a ticket.

Coupon-mad

Simple, you appeal (assuming it's a real Council ticket).

Get help from pepipoo forums but start your OWN topic there:

http://forums.pepipoo.com/index.php?showforum=30

...BUT don't add to a thread like you have done here, that's why you got no replies, there's a whole forum of new threads here you know (this one's ancient!). Look see what sort of replies new threads get:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

HTH, don't just pay the Council. Appeal with help and you should win. Most do.

fisherprice1971

Please someone help as this is a silly charge I have received. I have been issued with a parking ticket "not parking correctly in the bay"
However due to the car next to me i was forced into the space and when this car left it looked like I had parked sloppy. Any help to rescind this ticket would be helpful as I an a single mum and cannot afford this fine,

trisontana

fisherprice1971 wrote: »

Please someone help as this is a silly charge I have received. I have been issued with a parking ticket "not parking correctly in the bay"
However due to the car next to me i was forced into the space and when this car left it looked like I had parked sloppy. Any help to rescind this ticket would be helpful as I an a single mum and cannot afford this fine,

Was this in a council or private car-park?

Coupon-mad

fisherprice1971 wrote: »

Please someone help as this is a silly charge I have received. I have been issued with a parking ticket "not parking correctly in the bay"
However due to the car next to me i was forced into the space and when this car left it looked like I had parked sloppy. Any help to rescind this ticket would be helpful as I an a single mum and cannot afford this fine,

But when you come back and see these replies please don't reply again here, pretty please. This thread isn't a discussion thread, it's just to report successes with Council PCN appeals.

Start your own thread by clicking the 'New Thread' button top left when you view the whole forum - unless your ticket isn't from a Council in which case I reckon you will surely not need to post a new thread once you have read the sticky threads at the top. But don't add a question to them either!

If you look at the post just before yours, I did say '..BUT don't add to a thread like you have done here, that's why you got no replies, there's a whole forum of new threads here you know (this one's ancient!). Look see what sort of replies new threads get:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

HTH, if it's a Council ticket you need help, if not then you just need to read up on the s.c.a.m. Follow the link and read other threads, leave this ancient one for its purpose and if you still have questions then start your own shiny new thread.

I, for one, won't now reply to anyone posting a new question on here. NEW THREADS ONLY.

bumblebeebuzz

earlier this year I won my appeal against a VALPY STREET (Reading, Berkshire) parking ticket (code 16 PCN - 'parking without a valid permit'). The council rejected the first 2 appeals (all done by post), but the independent Traffic Penalty Tribunal, the last stage you go to (again, all by post), upheld my appeal, the council didn't even contest it.

I got the ticket in September 2010, so it does take a while, but stick with it. Thanks to PePiPoo, I knew another VALPY STREET code 16 PCN had been appealed and upheld by the adjudicator in July 2010, so had the confidence to go for it. I have since found out numerous other appeals against the signs have been upheld.

The VALPY STREET signs really are misleading and contravene the regulations for signs (info below), but it's most council's standard practice to reject the first 2 appeals in the hope that you'll go away and pay the money, so if you get a code 16 Parking Charge Notice on VALPY STREET, and feel like you want to appeal, do the first 2 appeals ("informal" & "formal"), don't worry that they reject them, carry on and go to the 3rd appeal stage as it's independent.

The first point I made is that it's not clear that the 2 signs mounted on the same pole refer to different directions within the bay as there are no arrows on the signs. (I included a photo of the signs in all my appeals). The signs can easily lead you to believe that if you don't have a permit you can park anywhere in the bay for an hour, and between 6.30pm & 8am you can park for as long as you like. The second point is to quote the regulations:

(Be sure to write this in all 3 appeals):

"I would like to quote paragraph 7.51 from the DfT published Traffic Signs Manual Chapter 3:

7.51 Where two different parking bays are side
by side (e.g. a loading bay adjacent to a disabled
badge holder bay), consideration should be given to
mounting two signs side by side, preferably on a grey
backing board, at the changeover point. Each sign
should include an arrow pointing in the direction of
the respective bay. This should minimise the risk of
drivers parking in the wrong bay by mistake and
incurring a penalty.

I would also like to quote Annex E1 and E2 from the DfT "Operational Guidance to Local Authorities":

E1 All local authorities are responsible for the accuracy and condition of the traffic
signs and road markings that identify parking restrictions in their area. The traffic
signs and road markings must conform strictly to the relevant regulations
(currently the Traffic Signs Regulations and General Directions 2002 – TSRGD –
and subsequent amendments) or have special authorisation from DfT. They
should also conform to the guidance set out in Chapters 3 and 5 of the Traffic
Signs Manual.

E2 PCNs may not be valid if they are issued where traffic signs and road markings
are incorrect or in poor condition. Representations demonstrating this should be
accepted. "


You can mention that you know of at least two VALPY STREET code 16 PCN appeals, based on the signs being ambiguous & unclear, upheld by the adjudicator, one in July 2010 & one in January 2011 (one not even contested by the council) and question why the council are continuing to enforce the signs with no changes made to them.

Valpy Street parking signs are misleading, and the regulations are on the motorists' side on this one.

If you do decide to appeal, you are appealing on the basis that "the alleged contravention did not occur". You have to tick a box on the appeals form and it can be a bit confusing what you're appealing on the basis of, but this option covers anything to do with unclear signs.

After I won the appeal, I also appealed for costs, which you can do if you think the council have acted "wholly unreasonably, vexatiously or frivolously". My argument was that it was 'wholly unreasonable' to be issuing tickets relating to signs which had already been found to be contravening regulations (the need for arrows if the signs are unclear). The same adjudicator who allowed my final appeal also judged the appeal for costs (all done by post), and in his response to my appeal for costs he did indeed slam the council for continuing to ticket, said that the signs clearly needed arrows and that I was absolutely right in saying they were misleading, but said that he couldn't find them to have acted WHOLLY unreasonably, so I didn't win the tiny amount I'd claimed for time & postage. But for the cost of a stamp, I think it's worth appealing for costs (only actual costs: time & postage/printing), as another adjudicator may well allow them.

Good luck if you decide to go for it.

daggy

I've been issue a parking ticket at college for 'Parking in a special enforcement area more than 50cm away from the edge of the carriageway and not within a designated parking place'


The are in question is a cul de sac at the bottom of a road, no houses, just a bit at the bottom of the road.




The cone you see is labelled with the college logo and these cones are used to denote areas college students can park in neighbouring streets as the college car park isn't big enough

The photos I've taken aren't the best and they were taken at the end of the day (4pm), but the ticket was issued at 11am when the car park was fuller.

I parked more than 50cm off the kerb as there is a double yellow running down it, however, this is a designated parking area. I believe the land is owned by the college.

I'm a bit miffed as people regularly park there and there isn't a no parking sign. I also deliberately park a bit further away from the kerb as there are double yellow lines there, yet I'm being ticketed for not being close enough.

Can I contest this as it is a designated parking area? I'm also not causing an inconvenience to anybody by being there.

taffy056

daggy wrote: »

I've been issue a parking ticket at college for 'Parking in a special enforcement area more than 50cm away from the edge of the carriageway and not within a designated parking place'




The are in question is a cul de sac at the bottom of a road, no houses, just a bit at the bottom of the road.

The cone you see is labelled with the college logo and these cones are used to denote areas college students can park in neighbouring streets as the college car park isn't big enough

The photos I've taken aren't the best and they were taken at the end of the day (4pm), but the ticket was issued at 11am when the car park was fuller.

I parked more than 50cm off the kerb as there is a double yellow running down it, however, this is a designated parking area. I believe the land is owned by the college.

I'm a bit miffed as people regularly park there and there isn't a no parking sign. I also deliberately park a bit further away from the kerb as there are double yellow lines there, yet I'm being ticketed for not being close enough.

Can I contest this as it is a designated parking area? I'm also not causing an inconvenience to anybody by being there.

Can you post this in a new thread, otherwise people may not see this, can you answer whether this is a council ticket in that new thread, many thanks.

http://forums.moneysavingexpert.com/forumdisplay.php?f=163