I want to take my council to court for parking fines

5abi

Back in April, the council sent out a contractor firm to re-lay the footpath in front of our driveway. They came unannounced and started working on the footpath while our car was still parked inside the driveway, not even a courtesy knock on the door to tell us to move the car. We didn't have a choice and moved the car and parked it on the paid parking bays on our road with a note on the dashboard to telling the parking attendants the situation and a phone number to call if if they had any questions. Work continued for 3 days straight and we were not able to use our driveway. With a 3 year old who needs to go to nursery every day, we had to keep the car in close proximity. We got a parking fine on the third day. The attendant ignored our note and give us a ticket without even attempting to make contact. Fair enough, they are eagle eyed and that's what they get paid for. I challenged this fine and told the council that they should have given us prior notice and parking passes for the duration of the works. They did not want to listen and persisted and asked me to pay the fine as I was parked illegally. I made numerous calls to the 2 council departments who are not willing to talk to each other on these matters. One deals with roadworks and the other deals with parking fines. I challenged again and they didn't want to hear it. This progressed to the parking fine adjudicator who made a similar and disappointing conclusion that I am liable to pay and the council did what they had to.

I made loads of calls and found out about the company who were hired to do the works, they acknowledged that the work was done and would provide written letter to back that up, however, that would have been no use as the parking fine departments don't care about roadworks and are following their mandate to the dot with their long unfair process.

My argument is very simple. If there were roadworks scheduled, we should be given prior notice of this. If we use our own driveways to park cars, we should be allowed to park in the parking bays for the duration of the works. This is a classic case where one hand does not know what the other hand is doing. In the complex world of councils and their operations, I think this is fair enough but I want to make a case where these 2 departments start talking to each other to sort out these issues for their residents.

I understand this is a very unique case but I don't think I am asking for much here. It is probably even a one off for them, but as a council they have an obligation to protect their residents of such inconveniences and help them throughout the process. I pay all my bills on time to this council, about £140 a month. I expect the service to cover for such occurrences.

I just now finally made the payment of £130 for the parking fine as the adjudicators were pretty useless. What a sham.

I know want to make a case so that the concerned department pays me back the £130 and sorts this out for future occurrences not only for me, but for all other residents of this area (in the millions).

The council I am referring to is CROYDON COUNCIL.

How should I progress with this? What are my options? I know there is a small claims court for this but I am a busy person and don't have time for paperwork. I have been chasing this for way too long already and have lost in the end of the day. Is there a service out there who can represent me in a claims court and sort this out for me?

spacey2012

If you have paid you had admitted the civil offence and the matter is now closed.

smitchy73

Why didn't the company repairing the footpath just lay metal boards so that you could access your drive, doesn't make sense to me. A load of my neighbours had the same thing done at home, and we don't even have parking restrictions in my area.
I agree with spacey though, fine has been paid so matter is now closed, instead of going to the council departments why don't you try the head of the council, and councillors and even your MP, local papers etc.

scheming_gypsy

Why do you need to park so close just because you have a toddler that needs to go to nursery?
where would you have parked if you had advanced noticed?

Sounds like you're trying it on to be honest. If you'd had more notice you'd still have had to park somewhere else and still couldn't park in a pay and display, for free.

lincroft1710

5abi wrote: »

We didn't have a choice and moved the car and parked it on the paid parking bays

Work continued for 3 days straight and we were not able to use our driveway. With a 3 year old who needs to go to nursery every day, we had to keep the car in close proximity.

Not a good reason

We got a parking fine on the third day.

So you got away with it for 2 days

The attendant ignored our note and give us a ticket without even attempting to make contact.

Your situation is not the parking attendant's concern, non- compliance with parking regs is.

I challenged this fine and told the council that they should have given us parking passes for the duration of the works.

The council are under no legal obligation to provide alternative parking

They did not want to listen and persisted and asked me to pay the fine as I was parked illegally. This progressed to the parking fine adjudicator who made a similar and disappointing conclusion that I am liable to pay and the council did what they had to.

My argument is very simple. If there were roadworks scheduled, we should be given prior notice of this.

You may have found such notification in the Public Notices section of the local paper.

If we use our own driveways to park cars, we should be allowed to park in the parking bays for the duration of the works.

Purely a local council decision, as far as I am aware there is no legal precedent for this

I understand this is a very unique case but I don't think I am asking for much here. It is probably even a one off for them, but as a council they have an obligation to protect their residents of such inconveniences and help them throughout the process.

I don't think they have such an obligation

I pay all my bills on time to this council,

So does the vast majority of the population!

I expect the service to cover for such occurrences.

Then you will be disappointed. Council Tax is a tax on the occupation of property, not a payment for "services".

I just now finally made the payment of £130 for the parking fine as the adjudicators were pretty useless.

No, they just didn't agree with you.

I know want to make a case so that the concerned department pays me back the £130 and sorts this out for future occurrences not only for me, but for all other residents of this area (in the millions). The council I am referring to is CROYDON COUNCIL.

I didn't realise Croydon was that big!

How should I progress with this? What are my options? I know there is a small claims court for this but I am a busy person and don't have time for paperwork.

Yet you have had the time to appeal to a parking adjudicator and make a long post on here. Money Claim On Line will cost you about £35, and you would have to prove you are owed the money, which will be virtually impossible.

I have been chasing this for way too long already and have lost in the end of the day. Is there a service out there who can represent me in a claims court and sort this out for me?

Yes, it's called a solicitor and will be very expensive

Although I agree you probably should have been given prior notice of the roadworks, as other posters have said you're on a complete loser trying to claim back the £130. You'll just waste more money and time.

TonyMMM

5abi wrote: »

Is there a service out there who can represent me in a claims court and sort this out for me?

Yes - you can employ a solicitor. However, that is no guarantee of winning, and you may not get your costs paid even if you do.

roonaldo

The ticket was issued correctly, what are you arguing about? you could have parked somewhere else.

I have to pay for parking every day at work, can you tell what what devine right you have to avoid paying in a pay and display bay? You should have paid.

vikingaero

Harsh words here. I don't think that just because something is paid then the matter is closed - otherwise how would bank charges and PPI be reclaimed?

Nothing to stop you making making a complaint to the Local Government Ombudsman about the behaviour of the Council. You need to put in a formal complaint to the Council first and when they issue a decision letter escalate it to the LGO:

http://www.lgo.org.uk/

Sometimes worth doing just to pish the Council off.

lincroft1710

vikingaero wrote: »

Harsh words here. I don't think that just because something is paid then the matter is closed - otherwise how would bank charges and PPI be reclaimed?

Nothing to stop you making making a complaint to the Local Government Ombudsman about the behaviour of the Council.

Sometimes worth doing just to pish the Council off.

Not harsh words, just the truth.

Bank charges and PPI can only be reclaimed if unfair or mis-sold respectively. Failing to adhere to parking regulations is not the same. OP should have paid for parking and then asked if they would re-imburse him because of the situation. He went to appeal and lost, simply because of his cavalier attitude he did the wrong thing in the first place.

The only thing he can complain about is possibly the lack of notice given regarding the roadworks. If he thought the contractor was making life more difficult than need be, he should have complained to the council at the time.

Councils get plenty of complaints, one more won't worry them.