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Review of Traffic Penalty Tribunal Decision?

Hello,

I would like to have your opinions about an appeal to the Traffic Penalty Tribunal of mine that was dismissed. I am thinking about asking for a review on the grounds that in the interests of justice, the adjudicator´s decision requires a review.

Quick sequence of events:

- Mid July I park my car in Reading city centre well after 4PM.
- Clearly marked sign on the ticket machine clearly tells that charge is only applicable until 4PM. Absolutely no other reference is made about any other restriction.
- I come back after 9PM and find a parking ticket on my car! Supposedly I parked in a "permit only" for resident´s bay.

(Yes, I missed a sign. I really did NOT see it! No, there was no marking on the ground. In my nearly 10 years of living in the UK, that is the very first time the sign shows a different information to what is stated on the machine. )

- I appeal within Reading´s administrative process and loose. Their online form does not allow attachment of any pictures.

- I contact my bank´s legal helpline and talk to a solicitor specialised in traffic offences. He clearly said that a traffic sign does not take priority over other signs affixed by the local authorities!

- Based on that information, I appeal to the traffic penalty tribunal.

I was surprised about them dismissing my appeal, but I was even more surprised that the adjudicator wrote in the arguments that I had a chance to pay only 50% and decided not to do so. Is that not my right if I think I am being treated unfairly?

An even greater surprise to me was that he confirmed in writing that Reading borough council stated on the machine what I said above (no charges apply after 4PM), but completely ignored my argument that the traffic sign does NOT take priority over other traffic signs in the law.

The solicitor I contacted before said that traffic signs as such need to follow certain strict guidelines, but any other non traffic sign from the local authority does not. He also said that a reasonable person can reasonably expect that information put there by the local council to be accurate.

My question: By your experience, have you appealed either to the local authority or the TPT based on information on the machine? What was the outcome? Do you believe that I have any chances of success with my request for review? Do you know if there are any costs involved?

The reason I want to ask for a review in the name of justice is because I don´t think its fair for a local authority to place inaccurate information in public just to then ticket people. I also do not think that an adjudicator can simply ignore the law.

I am not trying to be funny, I really did not see the sign and I did not know that a traffic sign does not have priority over other official communication from the local authority at the time I parked the car. I am not trying to avoid responsibility over my actions, I really believe that the adjudicator´s decision is unfair as I was always able to trust the information stated on the payment machines in all the places I have been in the UK.

Thanks for your help, appreciate it.

Comments

  • Umkomaas
    Umkomaas Posts: 42,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As we tend to major on private parking tickets here, PePiPoo will be your best bet for council and related tickets, tribunals etc. Here's your link:

    http://forums.pepipoo.com/index.php?act=SF&s=&f=30

    Have a read through some of the other threads there before you post your own to get the hang of what information they need from you in your opening post.

    HTH
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • djcat
    djcat Posts: 77 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    thanks for the reply, will post on the other forum, too. In the meantime I do appreciate any help on here as well.
  • I went through the Tribunal process, as the parking fine I had ignored regulations.
    Lots of things were in my favour, but the Tribunal ruled in favour of money grabbing council.
    They acknowledged that the lines were in a state of disrepair and need to be repainted.
    I appealed again, and they just said no again. They will consider an appeal if new becomes available.
    It did, so I sent it to them. They said, we don't want to consider any more information as our minds are made up.
    Meanwhile the council keep increase the fine, because of the time factor.
    Both they and the council are disgusting, nasty, dirty money grabbing scum.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Was this by the Cattle Market? I two fell foul of confusing signs, and took it up the ladder, I lost, but I believe that the signs were changed after my protest.
    You never know how far you can go until you go too far.
  • Tilt
    Tilt Posts: 3,599 Forumite
    Would need exact location to pass an opinion. Would need to look on street view.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
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