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Unfair parking ticket
Jatboy
Posts: 22 Forumite
Good evening all,
I am hoping that you can help me.
I received a ticket from my local council couple of weeks back. The Parking ticket was for parking on a yellow line during hours The yellow line was in operation.However this was outside my own house and I was only doing this to allow me to unload the heavy goods from my vehicle via the neighbours side door.
I received a ticket saying I had parked on the yellow line for two minutes and had to pay a fine. I appealed to the council saying that I was unloading my vehicle however they said for that to be valid the parking attendant needed to have seen me doing it. I think this is unfair considering i was doing it and he didn't see me do it.
Do I pay the reduced fine or take my chances and appeal to an independent adjudicator. If I go to the adjudicator and lose I am liable for the full amount.
Many thanks
I am hoping that you can help me.
I received a ticket from my local council couple of weeks back. The Parking ticket was for parking on a yellow line during hours The yellow line was in operation.However this was outside my own house and I was only doing this to allow me to unload the heavy goods from my vehicle via the neighbours side door.
I received a ticket saying I had parked on the yellow line for two minutes and had to pay a fine. I appealed to the council saying that I was unloading my vehicle however they said for that to be valid the parking attendant needed to have seen me doing it. I think this is unfair considering i was doing it and he didn't see me do it.
Do I pay the reduced fine or take my chances and appeal to an independent adjudicator. If I go to the adjudicator and lose I am liable for the full amount.
Many thanks
0
Comments
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You do not pay, you wait and then appeal again formally, when you get a Notice to Owner (and then appeal again if need be, to an adjudicator). Yes you will be fighting this on an all-or-nothing basis just like everyone has to at the later stages of appeal.
As long as this was just contravention 01 - parked in a restricted street during prescribed hours' (was it?) then you won't lose - never mind the Council rejecting this first challenge. You are allowed to load/unload on a double or single yellow line.
The CEO does NOT have to see you unloading, however, if he/she didn't see you then that's why he/she issued the PCN. That does not mean that you should pay this PCN of course, because your activity (unloading) is an exemption. You just need to state it again and again and point out that 2 minutes observation period is clearly not sufficient to discount the possibility of an loading/unloading exemption.
Most people win at adjudication, that's a fact. You will win if you have to take it that far, as long as you choose a personal hearing (a formal meeting, not a tribunal or anything!) and as long as you come across as an honest and reliable witness.
But you may be able to avoid the whole meeting with the adjudicator and wasting your time over that anyway. Just wait for the NTO (if you own the car) and this time send the same appeal but enclosing a short letter from your neighbour stating who he is and that he can confirm that 'at xx time on xx date' Mr xxxx was unloading [{state what}] items from his car to the back of my property next door which involved carrying the items(s) and bringing them into the [{shed/kitchen/garden?}] taking no more time than was necessary to perform this task'.
All you should need is some 'evidence' of loading, and that letter from your neighbour should be enough. So now you WAIT for the NTO.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
+1.
May be worth adding to that appeal how long it takes for a round trip from car to back of neighbour's house (carrying heavy item) and back, which I would hope is more than 2 minutes. Don't forget, they won't allow for stopping to chat, have a cup of tea, go to the loo, etc.0
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