advice on a PATAS appeal please

crackers99

i received a parking ticket for having two wheels on a pavement from a london borough council. My car was parked on a single track blocked end lay-by, the lay-by is un-named.

My ticket stated that it was parked on the road that the lay-by runs adjacent too, it was not.

The said lay-by is accessible from the main road but sits within parkland run by the council leisure department. In fact when i contacted the highways department of the council they sent me a copy of the ordnance survey map with both the layby AND the pavement i had two wheels on shaded in green to denote it was parkland.

I went through the appeals with the borough and they rejected it both informal and formal. They claim that the pavement was an adopted footpath but refused to furnish me with a copy of any sort of highways registry showing this. So i went to PATAS and went in person to the appeal yesterday. The councils parking dept evidence included all the usual stuff but in with the evidence they sent they included the very same map from highways i had (it was identical as the handwritten legend showing the differing colour areas was the same) but they had coloured in the pavement in red to show it has highways!!

The adjudicator noted that the council had amended the evidence to suit their claim.

Now the problem i have is that the adjudicator has taken a 28 day adjournment to consider the case but he seemed to lean very heavily on the side of the council. He went away whilst seeing me to get some previous cases where council issued tickets on land other than highways had been upheld due to the law stating that the public have a right to unhindered passage etc etc. I said to him does this mean that if a parking attendant observed a car parked with wheels on a pavement in a supermarket car park they could ticket them? He said he couldn't comment on councils policies on ticketing.

I also asked him about tickets not being able to be issued on un-named roads, again he said that a road being named or not is neither here nor there.

The thing is as a layman of the law I'm not going to be blessed with the knowledge of individual cases like he was quoting. Ive also been 'suckered' in to appealing by the councils highways department with them saying the road and pavement was not highways and lost the right to pay the reduced £50.

Can anyone give me their thoughts on where i stand with this because at the moment the adjudicator seems to be telling me that the councils can issue tickets where they damned well like and get away with it.

Do i need to make some further representations to the adjudicator within the 28 days which he said im entitled to do??

many thanks for any help on this

Driver8

crackers99 wrote: »

i received a parking ticket for having two wheels on a pavement from a london borough council. My car was parked on a single track blocked end lay-by, the lay-by is un-named.

My ticket stated that it was parked on the road that the lay-by runs adjacent too, it was not.

The said lay-by is accessible from the main road but sits within parkland run by the council leisure department. In fact when i contacted the highways department of the council they sent me a copy of the ordnance survey map with both the layby AND the pavement i had two wheels on shaded in green to denote it was parkland.

I went through the appeals with the borough and they rejected it both informal and formal. They claim that the pavement was an adopted footpath but refused to furnish me with a copy of any sort of highways registry showing this. So i went to PATAS and went in person to the appeal yesterday. The councils parking dept evidence included all the usual stuff but in with the evidence they sent they included the very same map from highways i had (it was identical as the handwritten legend showing the differing colour areas was the same) but they had coloured in the pavement in red to show it has highways!!

The adjudicator noted that the council had amended the evidence to suit their claim.

Now the problem i have is that the adjudicator has taken a 28 day adjournment to consider the case but he seemed to lean very heavily on the side of the council. He went away whilst seeing me to get some previous cases where council issued tickets on land other than highways had been upheld due to the law stating that the public have a right to unhindered passage etc etc. I said to him does this mean that if a parking attendant observed a car parked with wheels on a pavement in a supermarket car park they could ticket them? He said he couldn't comment on councils policies on ticketing.

I also asked him about tickets not being able to be issued on un-named roads, again he said that a road being named or not is neither here nor there.

The thing is as a layman of the law I'm not going to be blessed with the knowledge of individual cases like he was quoting. Ive also been 'suckered' in to appealing by the councils highways department with them saying the road and pavement was not highways and lost the right to pay the reduced £50.

Can anyone give me their thoughts on where i stand with this because at the moment the adjudicator seems to be telling me that the councils can issue tickets where they damned well like and get away with it.

Do i need to make some further representations to the adjudicator within the 28 days which he said im entitled to do??

many thanks for any help on this

Best thing you can do is post the same on www.pepipoo.com as they have experts on there with regarding to beating council ticket's.

I'm sure they'd give you the correct guidance.

mboro

Go you for standing your ground, give them hell....and I agree with the above, Pepipoo is a helpful forum.

Apart form that I am of no use to you what so ever, but good luck in fighting your case.

peter_the_piper

Driver8 wrote: »

Best thing you can do is post the same on www.pepipoo.com as they have experts on there with regarding to beating council ticket's.

I'm sure they'd give you the correct guidance.

Absolutely agree here, get onto them quick, they have a wide range of people there and can sort out all the best avenues of attack. Quite rare for one of their appeals to patas to fail.