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I'll never go to Brighton again

I went to Brighton on the weekend, parked in the street and purchased a ticket, which I placed on the dashboard.

When I returned to the car, the ticket had fallen off the dashboard onto the console and I had a Penalty Charge Notice from Brighton & Hove City Council on my windscreen.

No problem, I thought, I'll send them a photocopy of my ticket and tell them that the only explanation for it not being there must have been a gust or something through the car vent that made it fall off. (The ticket from the machine is feather light and is not adhesive.)

I've received a reply acknowledging that yes I had bought the ticket, but saying that the rules clearly state that the ticket must be displayed and they did not accept that it could have blown off and so I must pay the £35 (in 14 days or £70 thereafter).

Or alternatively make a formal appeal.

I guess I will pay the £35 then.

But my opinion is that they are being dishonest and extorting money from me for something that I paid for in good faith.

I will never go to Brighton again.
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Comments

  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Post this on pepipoo first, they have a defense to the Fluttering ticket. I've got a type of clip on the dashboard to prevent this, might be worth investing in some, not sure where to get them, nicked mine from ~~~DD.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • No dont pay

    Get over to pepipoo. The is something i believe that is known as the fluttering defence. The council ticket experts will sort a defence out for you

    http://forums.pepipoo.com/index.php?showforum=30

    Last time i went to brighton i parked on outskirts just outside the controlled zone and got a bus in leaving car for a few days
    Proud to be a member of the Anti Enforcement Hobbyist Gang.:D:T
  • Fergie76
    Fergie76 Posts: 2,293 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    C-M should be able to help you, I believe she live in the Brighton area and as others have said there is a fluttering ticket defence and the councils should be more than aware of this.

    You have to ask why they don't provide a method of attaching the ticket to your windscreen....
  • prowla
    prowla Posts: 14,187 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks, folks!
  • 27col
    27col Posts: 6,554 Forumite
    Parking tickets used to be self adhesive, but I have noticed that nowadays they very rarely are. This is very convenient for the Council of course. Tickets never used to fall down when they were self adhesive.
    I never used to believe the tales on here about tickets falling from the dash board. However last year I put a ticket on my dash board and closed the car door. Much to my surprise I then saw that the ticket had flipped completely upside down while still remaining in the same place.
    Now, I am inclined to believe stories about falling tickets. But I still believe that the removal of self adhesive tickets is a deliberate ploy by Councils to raise more cash.
    I can afford anything that I want.
    Just so long as I don't want much.
  • peter_the_piper
    peter_the_piper Posts: 30,269 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 14 June 2013 at 10:54PM
    prowla wrote: »

    I guess I will pay the £35 then.

    But my opinion is that they are being dishonest and extorting money from me for something that I paid for in good faith.

    I will never go to Brighton again.




    Welcome to Brighton - but as for the bit in bold above, you guess wrong! :eek::eek:

    Most first challenges are rejected by all Councils - Brighton & Hove Council do hate the car but the fluttering ticket thing is a game all Councils play unfairly. They all play a game of bluff at this early stage but you just thought they'd accept a first appeal. Wrong! that was your only mistake - very common - but no harm done as long as you see this as a longer game if you want to get this cancelled.

    But most people who realise that it's all tosh and appeal further (ignoring the discount bribe) get their PCNs cancelled in the end. So you'd be appealing re a £70 PCN on an 'all or nothing' basis, with the odds in your favour = most likely outcome is you'd pay nothing.

    Forget the discount bribe if you want to win most Council PCN appeals.

    Send Bogsy's wording in reply, right now, do not wait for the Notice to Owner just send another reply and see what they say. If/when they reject again wait for the NTO then take the matter up on a new thread on pepipoo.

    Also email the Council now for a copy of the Traffic Order for that road, to check and see if it states you have to 'continuously display' a P&D ticket or not. Or is that 'request for the Order' included in Bogsy's 'fluttering ticket' appeal wording, I can't recall? Anyway make sure you get the Order and check it.

    See this Chief Adjudicator's Report which explains why the wording of the Order can make all the difference to final appeal outcomes (most win). Read the whole excerpt about 'fluttering tickets' which is a well-known and often-appealed phenomena.
    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 THREAD
  • prowla
    prowla Posts: 14,187 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks - sounds like this is a bit of a challenge now!
  • prowla
    prowla Posts: 14,187 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have a thread running on pepipoo.

    The latest thing I've spotted is that the photographic evidence on the web page associated with my ticket includes a picture through the passenger window which shows the ticket face down (but with the unique serial printed on the rear) just in front of my gear stick.

    It occurs to me that if they printed the full details on both sides (they can print on the rear of the ticket) then the required information would have been visible.
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