Brighton Council Pay & display parking ticket - failing to display ticket

svenvanhorn

HI MSE guru's,

I hope you can help.

I parked on brighton seafront to go for a brisk walk. It was a cold weather day with not many cars about and I parked right next to the meter and bought my ticket. I placed the ticket on the dashboard and went for my walk but when i got back then there was a parking ticket on my windshield.

I found the ticket on the passenger seat floor. got home and opened up an online dispute and sent through a copy of my ticket thinking that would be the end of it.

I have now got through a letter saying I have no grounds for defence and that it is my duty to ensure the ticket is displayed for the duration of the stay and that once all the doors are locked it is highly unlikely for the ticket to move. the parking inspector took pictures of my car and also the ticket on the floor of the front passenger side foot well.

they are now asking for £25 (the same if i hadn't bought a ticket) within 14 days or £50 after that. I feel I am being victimised after doing everything to comply with their system.

I am tempted to pay the £25 on my credit card as I don't have any money and be done with it but I feel cheated and victimised.

So what do I do? challenge it? Also how do they get £25 from? It sounds as dodgy as the bank changes situation a few years ago.

Your thoughts and advice would be much appreciated.

Thank you in advance.

Simon

spacey2012

They reject virtually all first informal appeals.
Did you tell them the ticket was "on the floor" in the first.

svenvanhorn

Hi,

thanks for getting back to me so promptly.

i did tell them about the ticket falling to the floor.

They have a pic of it on the floor. that's when they came back with the line that 'it is highly unlikely for it to move from the dashboard' once the car doors are closed.

highly unlikely but still possible and not ground for issuing me with a ticket i'd say.

I've parked in the right space. Paid the right money. Returned in good time. I have not denied anyone a car parking space or disrupted traffic. Yet I'm asked to pay £25.

thanks for your help

Si

spacey2012

Never a good idea to agree with anything they say, it is called a defence.
They are plenty of ways of getting the ticket to the floor, hence why they stopped sticker tickets, they make far more money out of the 1 micron thick fluttering version.
There is a defence known as the fluttering ticket, however before we go any further and waste any time, are you in it for a fight or just a good moan.

svenvanhorn

I'm angry.

Fluttering ticket! i mentioned in my defence that a sticker would have been better especially on the seafront in the winter due to the windy days. maybe they weren't best pleased with being told that.

So how does the fluttering ticket way play out?

Si

spacey2012

A car is not a sealed environment, if it were all the windows would shatter when you slam the door.
Wind and draughts do enter cars, they parking receipt they offer should be fit for purpose.
They use paper so thin, there can be no doubt this is deliberate.
You have to await NTO and make a formal appeal of fluttering ticket and then when the rejection arrives or the time limit for response arrives make a representation to the parking appeals adjudicator.
Fluttering ticket appeals are often upheld on not fit for purpose examples, if this fails at adjudication you only have to pay the full amount anyway.
I would head to pepipo forum. they deal in this point regularly.

McKneff

Just the act of shutting the door can flutter the ticket off the dashboard.


Ive done it myself and caught it fluttering to the floor out of the corner of my eye, which prompts me every time to check its still there after I have shut the door.

Let us know how you get on and good luck with it.

BrightonandHove

Fluttering tickets are easily won - don't let yourself be bullied by B&H council. Go over to https://www.pepipoo.com and register there as they are the experts in council tickets.

FYI - I've taken on B&H council and won ( not a fluttering ticket though ). The adjudicator found in my favour because the signage was unclear. Six years on and the council still haven't changed the signs. Strangely they had the time to send me ever more threatening letters AND to send TWO council officers to my appeal hearing.

Coupon-mad

You need Bogsy's fluttering ticket appeal wording from pepipoo. So post there with a pic of your PCN (both sides please).

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

That's the forum which will help you to win this.

The_Slithy_Tove

Coupon-mad wrote: »

You need Bogsy's fluttering ticket appeal wording from pepipoo.

Which can be found right here. But should still post on Pepipoo to get confirmation with them of the right approach.