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Is this enforceable evidence
Eatshootsleaves
Posts: 47 Forumite
Is this evidence enforceable, apparently the driver parked outside of the marked bay area which is clearly stated by the terms on the sign
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As it seems this is concerning a proper council ticket you need to take this to pepipoo for best advice
This forum majors on private parking invoices rather than proper fined0 -
Is this related to another thread? If so why not post it there.
If this is a separate ticket not covered by another thread then give some more detailsThis is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Claims brought under contract law in a county court can be enforced by repossession of goods. A County Court Judgement against you can make it difficult for you to obtain credit and a creditor can make you bankrupt.
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.
Parking Eye, CPM, Smart, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week, hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers. It has even been suggested that some of these companies have links with organised crime.
Watch the video of the Second Reading and committee stage in the House of Commons recently. MPs have a very low opinion of this industry.
http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41
https://hansard.parliament.uk/commons/2018-07-19/debates/2b90805c-bff8-4707-8bdc-b0bfae5a7ad5/Parking(CodeOfPractice)Bill(FirstSitting)
and complain in the most robust terms to your MP. With a fair wind they will be out of business by in the not too distant future..You never know how far you can go until you go too far.0 -
IamEmanresu wrote: »Is this related to another thread? If so why not post it there.
If this is a separate ticket not covered by another thread then give some more details
its a new ticket, not in relation to anything else its part of a series of 3 separate tickets
sorry I didn't want to elaborate too much, I just wanted confirmation that photo evidence had to be reasonably clear for it to be accepted and used as reliable evidence0 -
Enforceable is the wrong word I think. Your question is whether it would be accepted?
The photo is very poor and very dark. I don't know the lie of the land, there appears to be double yellows alongside it. But that doesn't mean it's not in a "marked bay". On its own, I don't think it shows that it is outside of a marked bay, but in conjunction with other evidence then this may not be the case (eg a photo of the area in the light showing the part alongside the double yellow is not a marked bay, and if you put the two together it shows that's where the car was parked).Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
So for instance, I recently successfully appealed a council mobile unit ticket (car with camera stuck on top of it drives round recording parking offences and you then get a postal fine). The council photos appeared to show my front wheels were 2-3 inches outside of the white lines, but I went along in the day time and took photographs showing the features on the ground - when considered alongside their photos I argued these showed my car was within the lines. I also said it was really over-zealous ticketing. I won (without an admission that they were wrong).Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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Your photobucket link does show a full name for the account holder
If it's yours then best edit the link out of your post0 -
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funny you should say that,my third ticket,is actually from the council, and looking at the evidence etc its over-zealous,it says no stopping on lines but I'm waiting to turn right into another road,and my tyres aren't actually touching the lines, and the ticket is from a camera on a post and the council has given me 14 days to pay reduced amount, when it should be 21 daysLoadsofchildren123 wrote: »So for instance, I recently successfully appealed a council mobile unit ticket (car with camera stuck on top of it drives round recording parking offences and you then get a postal fine). The council photos appeared to show my front wheels were 2-3 inches outside of the white lines, but I went along in the day time and took photographs showing the features on the ground - when considered alongside their photos I argued these showed my car was within the lines. I also said it was really over-zealous ticketing. I won (without an admission that they were wrong).0 -
You weren't parked but driving? This isn't the place for council tickets, you need to go over to pepipoo for that.
I read all their published (online) parking policies, and said that if they didn't agree with my photos, then they should not pursue the fine because they'd breached their own policies with their overzealous approach (plus the published policy for using the mobile unit is to fine for serious offences like blocking bus lanes, parking on zig zags, not harassed people with loads of children parking an inch or two over the end of the lines). A more aggressive council would have refused to write it off, but mine did.Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0
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