No change parking machines, fine issued - my rights?

Bidwell33

Dear forumites,

I am looking for insight as to my rights and a template for a follow up letter to send following this situation;

Situation: I paid 40p for a 25p parking ticket that gave me 30 minutes of parking. The machine does not issue change, so I overpaid and therefore only received a ticket for the 30 minutes of parking as advertised.

I was late back to my car by 15 minutes due to circumstances out of my control. I was given a ticket for being 13 minutes over over the advertised time on the ticket.

I have disputed the ticket but at the time did not make mention to the fact that I have overpaid for the ticket anyway, and the amount paid (40p) is clearly shown on the ticket.

:question: Do I have rights to continue the dispute based on the fact that the machine did not issue change, I overpaid and therefore should be let off the fine issued? :mad:

The amount of admin time on the district councils and tribunals part is quite ridiculous and I have today received a massive pack of documentation which includes my communications, their communications, photocopies, photos of my car (6 in total!). What an incredulous waste of finances and admin time on both parts!!!

Your advice/views/feeback is MOST welcome!!

MB

CyCo_2

You have no chance at all of winning in this case. The price for 30 mins was 25p. You chose to pay 40p for it. The fact you didn't have the correct change is your fault, not theirs. They, legally, DO NOT have to offer change.

sarahg1969

CyCo wrote: »

You have no chance at all of winning in this case. The price for 30 mins was 25p. You chose to pay 40p for it. The fact you didn't have the correct change is your fault, not theirs. They, legally, DO NOT have to offer change.

Cyco - have you seen the ticket, the bays, the signs, etc? The OP has no case on the argument he's thinking of, but you can't just assume that the council have everything in order.

OP - show us the ticket (all of it).

CyCo_2

Bidwell33 wrote: »

:question: Do I have rights to continue the dispute based on the fact that the machine did not issue change, I overpaid and therefore should be let off the fine issued? :mad:

sarahg1969 wrote: »

Cyco - have you seen the ticket, the bays, the signs, etc? The OP has no case on the argument he's thinking of, but you can't just assume that the council have everything in order.

My reply was based around the OP's question above, not the general legality of the ticket, as that wasn't mentioned. Yes, he may have grounds to appeal if the other variables are incorrect, but based around the set of circumstances he has explained, I think my reply is fully justified.

Hadeon

Bidwell33 wrote: »

I was late back to my car by 15 minutes due to circumstances out of my control. I was given a ticket for being 13 minutes over over the advertised time on the ticket.

I have disputed the ticket but at the time did not make mention to the fact that I have overpaid for the ticket anyway, and the amount paid (40p) is clearly shown on the ticket. MB

Bidwell33

I am a great believer in the concept of "If you don't ask you don't get"

From the wording in your post it is not clear whether you have made an informal written representation to the Council within the 14 days allowed. If not & you are still within that time limit, I suggest you do so asap. You can probably do this online or by email.
You lose nothing by doing so & even if your representation is rejected you will still be eligible for the discounted amount for a further period of 14 days.

Phrase your representations in a polite & humble manner giving all the relevant facts & mitigating circumstances, but don't make a meal out of the '40 pence' & 'no change' issues other than stating them as facts.

The Council can use discretion if it so chooses, so dont p* them off with an abrasive informal appeal. They're in the stronger position.

You never know, you might just get lucky.

Post up the ticket here anyway, as already mentioned by sarahg1969.

Hadeon

You're welcome!!