Trapped by the Council.

Hello Everyone,

First time I've posted but its been a long time coming with regards to my issue and I was hoping someone could provide me with advice on how to deal with it and what my rights are as it's driving me crazy.

Basically to summarise, I live in a house that has been highlighted as being subject to purchase & demolition by a development company since 2005. I have checked my options to move and the only way to sell it is to a cash buyer for a heavily reduced price as mortgage companies are aware of the situation and won't touch it. The only available parking I have is a council owned car park to the rear (unless I move my car 10 minutes away and risk it getting vandalised, which has happened before) and the car park itself costs £5 a day.

This morning (08:15!!...& it was empty) for the umpteenth time I received a parking ticket which will cost me another £25. I was unable to move it as I was looking after my 6 month old baby girl, though on other occassions I've been too hungover to move it. Either way I'm illegally parked and I accept that. However the issue is that I would simply love to move and park on my own free drive way but I can't because I'm being kept here by the very same people who are penalising me and I was basically wondering if I had any rights to contest the fines under these circumstances or not, seeing as I can't really afford the increased fine they threaten you with if you do.

Also I should note that we do get one permit but my wife has it. Though next door was purchased by the developers and has been empty for over 2 years and the council refuse to reallocate it to us for some reason, but that's another issue altogether.

Many thanks in advance,
Davinho

Replies

  • edited 26 June 2010 at 4:16PM
    Coupon-madCoupon-mad
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    edited 26 June 2010 at 4:16PM
    Well you weren't parked 'illegally' because almost every County has decriminalised (= no longer 'illegal') parking now. Instead they are alleging that you 'contravened a Parking Places Order'.

    Well that's for them to prove (and it's not just about what the signs might say...).

    Maybe you didn't contravene the Order, maybe the PCN wording is flawed, maybe you can successfully appeal this ticket - but not on the basis you have posted about. It will mean looking for a technicality and posting pics of your PCN front and back (without car ID and PCN number but including all dates and small print). Host the pictures on tinypic.

    In your shoes I would be getting a copy of that car park Order from the Council on Monday. Anyone can ask to see such a document for any reason. The Council have to have it ready for inspection and copy it for you. You can email them for it but give them a deadline of Monday/Tuesday to supply it by email.

    Whilst getting the Order to look at, post a new thread on pepipoo.com here:

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

    Include tinypic-hosted pics of the front & back of the PCN (first read their stickies & FAQs including 'how to post pictures'). Don't bother with the appeal idea that you are 'trapped' - you won't win an appeal on that basis and you won't get many pepipoo posters wanting to comment on that as it's irrelevant to the PCN appeal.

    Ask for pepipoo's help to see if the ticket and Order are OK or not - that will be your chance of an 'out'. Pepipoo help posters to win the vast majority of PCN appeal cases, so do take their advice.

    HTH
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • daveyjpdaveyjp Forumite
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    I would also take some professional advice regarding the issue that your house is in effect blighted.

    If there are definate plans to demolish you can go through a process to get whoever wants it to buy it off you.
  • anewmananewman Forumite
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    daveyjp wrote: »
    If there are definate plans to demolish you can go through a process to get whoever wants it to buy it off you.
    I'd dig my heels in for market value + cost of new carpets, furniture, an moving expenses :D :j
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