Council Car park Ticket Appeal

morrisoscar

Received correspondence from Traffic Penalty Tribunal stating the council should send me a copy of their evidence on or around 17 November if they wish to contest. Nothing yet, seems a little vague date wise. Why does it not say they have until 17 November, if you buy a ticket to park for an hour in a council car park it doesn't say you can stay around an hour and I didn't have around 28 days to lodge an appeal.:)

morrisoscar

Received the councils evidence pack it runs to 54 pages, no mention what so ever of the missing sign and no mention of the entrance I used. Confirmation that an entrance at the other end of the car park has a sign.

Map of the car park enclosed which is cut off so as not to show the entrance I used but shows the other entrance, you'd think the entrance I used didn't exist.

They admit the signs in the car park do not reflect the traffic order they are there to enforce, but claim as I would not have known this at the time they issued me a ticket that shouldn't count.

They have had an internal investigation and can not confirm or deny my claim of procedural impropriety because they dont know if a Traffic Penalty Tribunal form was enclosed with their rejection letter or not.

They request I am denied a personal hearing as attending it would not be cost effective for them.

I just find it unbelievable, have replied.

Coupon-mad

morrisoscar wrote: »

Received the councils evidence pack it runs to 54 pages, no mention what so ever of the missing sign and no mention of the entrance I used. Confirmation that an entrance at the other end of the car park has a sign.

Map of the car park enclosed which is cut off so as not to show the entrance I used but shows the other entrance, you'd think the entrance I used didn't exist.

They admit the signs in the car park do not reflect the traffic order they are there to enforce, but claim as I would not have known this at the time they issued me a ticket that shouldn't count.

They have had an internal investigation and can not confirm or deny my claim of procedural impropriety because they dont know if a Traffic Penalty Tribunal form was enclosed with their rejection letter or not.

They request I am denied a personal hearing as attending it would not be cost effective for them.

I just find it unbelievable, have replied.

Hahahahaha! What a shambles!

A person cannot contravene a sign - they can only be found to contravene a traffic order (and the signs must match that or they mean nothing!).

And they ask that you are DENIED your right to a personal hearing?! That is shocking and worthy of a complaint afterwards to the LA Ombudsman.

morrisoscar

Coupon-mad wrote: »

Hahahahaha! What a shambles!

A person cannot contravene a sign - they can only be found to contravene a traffic order (and the signs must match that or they mean nothing!).

And they ask that you are DENIED your right to a personal hearing?! That is shocking and worthy of a complaint afterwards to the LA Ombudsman.

I filled the form in asking for a personal hearing and just gave my post code, I did not ask for a particular location.

''The appellant has asked for a personal hearing in ***** but this authority would ask that the hearing is held by telephone. It is not cost effective for a member of staff from the authority to travel this distance for a hearing. This is of course providing that the Appellant has no medical reason as to why this could not take place.''

Good aren't they:)

Coupon-mad

Terrible - I see Bogsy on pepipoo was as horrified as I was about them trying to obstruct your right to a personal hearing!

morrisoscar

Quick up date

Had a letter today from TPT confirming my comments on the council submission has been received and that a copy has been sent to the council. The letter states that if the council respond to my comments they will send me a copy direct.

Reference the council asking that I do not receive a personal hearing, I told the TPT one of the reasons I have asked for a personal hearing is to demonstrate that the envelope used to send me the rejection notice arrived undamaged and is too small to contain a Traffic Penalty Tribunal form.

Will be interesting to see how they address that point should they choose, unless they treat it like the other evidence they don't like and ignore it.:mad:

morrisoscar

Had what I consider an odd phone call from the TpT service today. They said they had sent me a letter yesterday giving me a personal hearing date but as the council had asked for a telephone hearing instead would it not also be more convenient for me to have a telephone hearing. I refused their offer and said the council has no right to ask that I be denied a personal hearing and if the council do not wish to attend they could always cancel the ticket. The TpT person said the council maybe offered the opportunity to take part by telephone.

morrisoscar

My appeal hearing is on Monday, got my information together lets hope I'm in luck.

Fergie76

Good luck.

morrisoscar

Appeal upheld :j

Grounds for allowing appeal, the first point of my appeal the alleged contravention did not occur due to unclear/ misleading signage. The sign on the pay and display machine which I misread does not make it clear a visitor has to pay. Local charity just made £50.00.