Parking Ticket Appeals article discussion

MS1980

was parked on a road which had no road markings. There is an a road on the other side of a footpath/island that has been made which has double yellows. However the area I was parked in had not road signs or road markings. I appealed the ticket with Martin’s template for informal appeal, on the grounds of it not being a contravention because there were no road markings and signs. The area is also barriered off at either end… however the barriers have no signs and at the time I had parked the barriers were. They normally are up most of the time.

The response says:
“I would advise that waiting and loading restrictions apply to the entire footway, verge and carriageway. This information is contained within the Roads (Scotland) Act 1984, Section 151, which defines a road as “any way other that a waterway over which there is a public right of passage and includes road verges”. I am therefore satisfied that the area in which your vehicle was parked is a covered by the adjacent yellow road and kerb markings.

If the payment is not received a Notice to Owner will be issued in due course. This will enable the owner to make formal representation. Glasgow City Council is obliged to consider any representation made. If the representation is rejected the owner may appeal to an independent parking adjudicator.

Please not that for legal reasons it is not possible to appeal to a parking adjudicator unless the owner first makes statutory representation”

Does anyone have any information how I should tackle this now and what is statutory representation?

The area parked which I am convinced is not illegal was in Glasgow. By the river Clyde, on Broomielaw opposite the BT building. This area has recently been regenerated and a bus lane was made, however the entrance and exit to the bus lane were too small and there this bit of road is disused with no road markings.

peter_the_piper

MS1980 wrote: »

was parked on a road which had no road markings. There is an a road on the other side of a footpath/island that has been made which has double yellows. However the area I was parked in had not road signs or road markings. I appealed the ticket with Martin’s template for informal appeal, on the grounds of it not being a contravention because there were no road markings and signs. The area is also barriered off at either end… however the barriers have no signs and at the time I had parked the barriers were. They normally are up most of the time.

The response says:
“I would advise that waiting and loading restrictions apply to the entire footway, verge and carriageway. This information is contained within the Roads (Scotland) Act 1984, Section 151, which defines a road as “any way other that a waterway over which there is a public right of passage and includes road verges”. I am therefore satisfied that the area in which your vehicle was parked is a covered by the adjacent yellow road and kerb markings.

If the payment is not received a Notice to Owner will be issued in due course. This will enable the owner to make formal representation. Glasgow City Council is obliged to consider any representation made. If the representation is rejected the owner may appeal to an independent parking adjudicator.

Please not that for legal reasons it is not possible to appeal to a parking adjudicator unless the owner first makes statutory representation”

Does anyone have any information how I should tackle this now and what is statutory representation?

The area parked which I am convinced is not illegal was in Glasgow. By the river Clyde, on Broomielaw opposite the BT building. This area has recently been regenerated and a bus lane was made, however the entrance and exit to the bus lane were too small and there this bit of road is disused with no road markings.

You'll get more help if you start your own thread, there's too much chance of losing information amongst all the rest of the posts. You will also need to show pics of pcn, back and front, and any other paperwork you have. Also pics of site in question, a picture says more than a thousan words, so they say. Host pics on tinypic and put the url on your post leaving a gap between http:// and the writing.

millsmum

hi, I have just recieved a parking ticket fromt the traffic warden, my permit had blown off the dash and was in the central console. can i appeal? i have the permit! or should I pay the half fine of £25 as it will go up to £50 in 14 days?

I was unloading some stuff for a friend, just shows you, it dosen't pay to be nice :rolleyes:

simon.seabiscuit

Can anybody give me any advice please.

A few months ago I got a ticket from a pvt car parking company when I parked in another space other than my own outside my flats. I recently changed my driving license to my own address from my own parents.

A month back when I visited my folks I got a whole load of threatening letters from the pvt company. Looking at a few postings here I decided to ignore them. However, after I visited my folks again tonight and I had received 2 letters from Graham White solicitor based in Surrey. The last one served me a notice of intended legal action threatening action to start proceedings to a county court. There has been some costs associated which comes to a hundered and fifty pounds. I'm now slightly worried am wondering what I should do. I am in the middle of buying a new home and don't want anything to affect my credit rating. Any advice would be most welcome!!!

Many thanks

peter_the_piper

simon.seabiscuit wrote: »

Can anybody give me any advice please.

A few months ago I got a ticket from a pvt car parking company when I parked in another space other than my own outside my flats. I recently changed my driving license to my own address from my own parents.

A month back when I visited my folks I got a whole load of threatening letters from the pvt company. Looking at a few postings here I decided to ignore them. However, after I visited my folks again tonight and I had received 2 letters from Graham White solicitor based in Surrey. The last one served me a notice of intended legal action threatening action to start proceedings to a county court. There has been some costs associated which comes to a hundered and fifty pounds. I'm now slightly worried am wondering what I should do. I am in the middle of buying a new home and don't want anything to affect my credit rating. Any advice would be most welcome!!!

Many thanks

Have a good read of the many posts with your scenario and you will come to the conclusion that to ignore them will be the best course of action.
No effect on credit rating.
No bailiffs
No CCJ's
Nada.

BFG_2

simon.seabiscuit wrote: »

Can anybody give me any advice please.

A few months ago I got a ticket from a pvt car parking company........

Simon

As soon as you mention 'pvt parking', the simple answer without reading any further is IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE, IGNORE,

caela_2

gunnersno1fan wrote: »

hello can any one help with this one
have had 3 fines from Newham council for driving in the bus lane. each fine has a picture of my car with its tyre on the white line no other part of the car is in the bus lane!

I don't know if this is entirely true, but I got filmed on cctv driving through London apparently contrevening some sign- however, I asked them (the council) if they had the right to film me without my consent and to submit this evidence to court and they said under the road traffic act they had the right to enforce moving vehicle contraventions and under another law they had the right to use cctv, however, I read both these laws. It looked like, to me, they were allowed to do these two things serperately, however, they were only allowed to use cctv to enforce stationary vehicle contraventions, such as parking offences, but the law had not been updated to include the council's new right to enforce moving vehicle contraventions which only recently had been handed over by the police.
I THINK this is correct, it was my interpretation, but since I won my appeal on the basis that their evidence was not sufficient as no sign was visible in the video, so they could not prove I contravened one, I do not know if my other arguement was valid. Please note, I say I won because I battled my way to get the response I wanted, but they claimed to 'drop' the charges the day before my tribunal hearing (after refusing previous appeals). Apparently, they will do this, but only risk it is you're sure you're right- they will court chicken with you and see if you'll pay the fine before they drop out of court the day before... who dares, wins! lol. Good luck anyway. Let me know if someone knows any more about this law.

caela_2

Neil_B wrote: »

i'm sure i replied to pestie much as i was about to for this one. Must have got deleted.

maybe there should be a broad dividing line between 'Stickies' and 'cases' then people might eventually fall in???

Clue 1471 - what has this got to do with the discussion started at the beginning of this thread?? i.e. Martin's article.

Sorry, I don't really know how MSE works but I would like to say I think people talking about PCN appeals and PCN in general DOES have a lot to do with Martin's article on appealing PCN's... what else do you want us to talk about? His artistic use of language...?

Seriously... I'm confused.

Coupon-mad

caela wrote: »

Sorry, I don't really know how MSE works but I would like to say I think people talking about PCN appeals and PCN in general DOES have a lot to do with Martin's article on appealing PCN's... what else do you want us to talk about? His artistic use of language...?

Seriously... I'm confused.

Don't be confused, it's really simple and posters here are generally very friendly & helpful!

It's just that each new query should be started under its own new thread, like all these people have done (ignore the stickies on the top of the list, every thread listed underneath them is a new thread someone has started):

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

And you'll see from most of those new threads that people have got a much fuller and quicker response than new topics hidden away on a sticky that many posters will ignore as they have already read it. This sticky is just for generally discussing the Parking Ticket Appeals guide.

I hope millsmum comes back and sees that she needs to start a new thread.

No further replies here please, except for general discussion of the Article.

HTH

gonzo30

Hello everone
I am new today to this forum . I've spent the last hour or so reading through various posts and i hope i'm managing to post this in the correct place.
My wife recieved a PCN in a supermarket back in June. Reading through ,i now know we should not have appealed , however we have written twice appealing on the basis we were not aware any charges were applicable due to the lack of signs and also the PCN states our car is a different colour than it actually is ! Do we still keep writing to appeal or ignor any future corespondence from them ? We are aware their threats will get worse but i must admit i do fancy the fight !
Thank you in advance for any help