Parking Penalty Appeal Information

JEG1965

I have recently successfully appealed two penalty fines imposed by private parking attendants. I hope the methods I used might prove useful to others. The first was an easy one -the handwritten street name was mis-spelt. Result; fine waived.

However the second method might have broader application. Please note that this can only apply to penalty notices resulting from a voucher, purchased from a vending machine, expiring. It may also be subject to a contract analysis arising only under Scots law. Perhaps someone with a knowledge of English contract law could ascertain whether or not the element of 'consideration' undermines this approach.

I noticed that the 'timer' starts running on parking voucher issuing machines in Edinburgh from the moment the first coin is inserted. The standard text on Scots contract law, Thomson & MacQueen, considers the contractual analysis which applies to this situation. The view is that a contract cannot be formed until the consumer presses the 'accept' button. Consequently the consumer is being charged for a period prior to a contract arising. This appears to be a technical illegality.

Edinburgh City Council waived my penalty charge on the grounds that the warden had made an error in processing the ticket. It took a very long time to uncover this error. I suspect that this was a tactic to prevent the floodgates opening.

Importantly however, the Council are looking into the operation of their machines in light of my appeal.

If these machines are mass produced and exist nationwide they may all be operating under the same technical illegality.

Next time you insert payment take a moment longer than usual and see if the issue time is fixed as the moment you press the accept button (which is acceptable) or is, instead, taken from the moment you first inserted a coin (which is, at least in Scotland, unacceptable).

This very minor glich will earn local authorities a lot of revenue and, when you've been fined for a minute or two over your expiry time, really hurts.

I think, however, that regardless of how far over the expiry time you are such vouchers are operating under an illegality and are open to appeal.

I only undertook this rather pedantic investigation because a parking attendant issued a ticket under very unfair circumstances.

Perhaps if their machines and attendants worked fairly consumers would be less aggrieved by their practices?

MarkyMarkD

JEG1965 wrote: »

This very minor glich will earn local authorities a lot of revenue and, when you've been fined for a minute or two over your expiry time, really hurts.

Oh come on, be serious. The average time to insert the total number of coins for your parking is less than 30 seconds. It's never going to lead to you being penalised early.

And you KNOW the time you have to return, as it's shown on your ticket, even if it is 30 seconds too short. This is a very feeble reason to get out of paying a penalty.

JEG1965

Fair point but I can't afford not to try to save myself a £60 fine which - according to a recent Radio 4 'Today' interview - may well have been issued to earn a parking attendant a bonus such as a flat screen tv. I am just hoping to help people who can't afford to pay parking penalties (not speeding fines) issued by some over-zealous parking attendants.

MarkyMarkD

Your points about affordability are fair enough, but it's not over-zealous. If you overstay by one minute, you've over-stayed. End of story.

I can't understand why people seem to think there's any difference between over-staying one minute and over-staying half an hour - it's black and white. If you aren't sure how long you are going to be, you simply have to pay for an extra half hour or hour. If you choose to take the gamble, then you should take the penalty too.

JEG1965

I suspect I have a somewhat different philosophy based on commonsense discretion. I believe that an overly legalistic interpretation of rules is what is preached by the authorities whose enforcers issue fines. So why can't I suggest an equally legalistic approach to counter theirs? If they won't give an inch why should I? Their machines are, I believe, operating under a technical illegality. So e.g. if a warden issues a £30 fine to a mother struggling with children because she's a few minutes late in an area with lots of free spaces why should they be allowed to flaunt the law of contract and issue a penalty? I appreciate that probably not ALL attendants are over zealous; I just haven't met one who isn't. The police wardens operate under a system of discretion which is, in my view, the better approach. Incidentally they don't ever have quotas to reach.

The bottom line is that the machines in Edinburgh are apparently taking money for the privilege of inserting coins!

I don't think that's fair.

isayoldchap

Both in South London.First one the parking warden got the number plate wrong.So no trace.Unlucky who got it though.

Other one outside a funeral parlour.Actually we were in there but later went to the pub opposite.Appeal quashed tickets on three of our cars.
All drivers had juices and non alcholic drinks.

advent1122

I avoid all parking fines and penalties.
HoW???
I park legally and return within the time limit.

JEG1965

I clearly haven't explained the circumstances adequately. I also parked legally and returned within the period I had paid for. Unfortunately because I took the liberty to pay with 5p pieces the clock started running two vital minutes before I had pressed the accept button. So when I returned - in time - the voucher had expired two minutes early and the attendant was issuing a penalty. That's why my penalty notice was waived, not because I did anything illegal but because the machine was functioning under an illegality. Again I hope this might HELP.

ekkygirl

Thanks for that information. I will bear that in mind, I sometimes go over my time by accident,

I sometimes wish I could be as perfect as some of the other posters on here. I am often surprised at the different angles people use to respond to what was meant to be a helpfull post.

So thanks from me anyway. I once got a ticket from a parking cockroach when I was 5 minutes over my time in a torrential downpour with a baby and a buggy. I could see him writing it while I was sheltering but was not about to get my baby wet £60 or not. I didnt pay, so shoot me

JEG1965

Thanks - I was getting a little disillusioned but I'm sure it was my own fault for not being clear enough.

MarkyMarkD

JEG1965 wrote: »

Unfortunately because I took the liberty to pay with 5p pieces the clock started running two vital minutes before I had pressed the accept button.

Presumably you were paying with as many coins as possible in the hope of jamming the machine or filling it up, both of which would give you another excuse for not paying?

I think you are sounding dafter by the second, JEG1965.