MSE News: Majority of motorists continue to win appeals against parking tickets

Former_MSE_Archna

This is the discussion thread for the following MSE News Story:

"Over half of motorists who appealed against parking tickets last year won their case according to new findings released today. ..."

Read the full story:
Majority of motorists continue to win appeals against parking tickets

esmerobbo

Official parking tickets appeals allowed 57%

Private parking invoices appeals allowed 0.0000057%

Kite2010

And that 1 PPC appeal was down to an operator error hitting the wrong button on the key-board

peter_the_piper

Discussion on radio 5 NOW, westminster seem very defensive.

Coupon-mad

peter_the_piper wrote: »

Discussion on radio 5 NOW, westminster seem very defensive.

So they should, they are among the worst perpetrators of ridiculously unfair PCNs and pathetic refusals of appeals.

They should hang their heads in shame and actually realise that they are supposed to be keeping traffic flowing, not money.

peter_the_piper

http://www.bbc.co.uk/iplayer/episode/b011j6g0/Stephen_Nolan_03_06_2011/ go to 21 minutes if you missed it.

AlexisV

There is already an appeals system in place for private tickets - it's called county court.

Simply ignore and if the issuer of the ticket wishes to appeal, they have the means.

MikeyMacbeth

57% sounds about what I would expect from my own experience of the 4 PCNs I've had in my driving history(20+ years)

4 PCNs issued , appealed three, won two (the one I didn't appeal was justly and fairly down to my own stupidity - thought it was a Sunday but was in fact a Saturday Doh!:o)

Incidentally the three I appealed were genuine cases where I felt the PCN was issued unfairly. (snow had covered sign with parking restrictions info (sucessful appeal), valid ticket expiry time was clearly visible despite what the Parking Officer thought (failed appeal, unfotunately didn't think to photograph it at the time) and lastly was unable to get hold of residents permit in time to avoid ticket but had genuine reason to be parked where I was, plus was not causing an obstruction to residents (success).

Personally I have a rule that I will appeal only if I feel that the PCN is unjust (on a no harm no foul basis) rather than a rule of thumb "appeal everything" philosophy - although I know of one firm that does deliveries in London that automatically appeals any ticket their vans get issued.

I do believe that many parking restirctions and rates are unfair though and they are definitely revenue earners for councils rather than representing genuine cases where parking would create a traffic flow/safety issue.

As for parking in Haworth should you choose to visit (home of the Brontes) - be very, very careful indeed - I didn't get stung by the notorious privately owned Changegate car park (forewarned is forearmed) but many others have been...

Whenever I go anywhere that I've never been before these days I try to make it a routine to google "parking problems/clamping in xxxxxx"

Kite2010

I'm going to take my tank to that car-park in Haworth

Only for the sight on the faces of the clampers when they try to work out how to put a wheel clamp on a tracked vehicle :rotfl:

Leakeman

Coupon-mad wrote: »

So they should, they are among the worst perpetrators of ridiculously unfair PCNs and pathetic refusals of appeals.

They should hang their heads in shame and actually realise that they are supposed to be keeping traffic flowing, not money.

The EU COnvention Article 6 and the Human Rights Act 1998 provides (in simple terms) that in respect of his/her civil rights and obligations and any criminal charge against him, everyone has the right to a fair and impartial hearing before a lawful tribunal. The charge shall be explained in a language that the person understands and if the person requires legal representation but cannot afford it, this shall be provided by the state. The accusor(s) shall be available to be cross examined and the accused shall have access to any evidence that might be used against him/her.

Private car parks and the companies employed to monitor them have no rights in law with regard to imposing penalties arbitrarily and even if the terms and conditions for using the car park are prominently displayed, they have no legal force except that unauthorised use of the parking facility might give rise to a 'tort' of trespass unless damage or loss has been caused - and can be proved. Any such signage must be unambiguous.

Except for any fee displayed on the signage, which could be taken to imply a contractual agreement to pay such charge, if the motorist then parks a vehicle, any penalty that is shown to be part of the 'agreement' should the motorist fail to pay the fee, must be subject to the element of reasonableness and may be enforced only by order of a County Court - and consequently challenged in the County Court.

The Element of reasonableness also propose that the owner of the facility is entitleds to charge so pay the fee if you park on a private car park. If you fail and a penalty is demanded, you may refuse to pay and oblige the owner to sue, at which point you may challenge the penalty. How you view this depends whether you are a motorist or the owner of a private car park and both sides have equal rights in such matters.

Coupon-mad

Good points about private car parks, but my post was about Westminster Council (real PCNs, not fake ones from private parking co.s that we all know to ignore).