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Parking Ticket Appeals successes and failures

edited 10 June 2010 at 4:36PM in Parking Tickets, Fines & Parking
556 replies 478.5K views
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Replies

  • skytskyt Forumite
    13 Posts
    I had my car towed away by Lantern whilst (legitimately) parked in a private car park.
    I had to pay to get it back of course but I wrote asking for a refund. Naturally they stuck to their guns -including them claiming I had driven off from their compound before they could explain to me the process despite it taking them several minutes to release the car from being blocked in by their vehicles to stop me doing just that!
    Eventually I went to the small claims court and they caved in- they repaid me the 'fine', the fees and a couple of hundred quid for my wasted time. Clearly they did not wish to go to court and insisted on settling out of cout- fine by me, just send the money! It may be worth remembering that many companies do not like the publicity nor the costs involved in quite small claims.

    On the other hand I paid up for a £30 parking ticket in Ealing despite it being wrong (ticket issued for completely the wrong road, I could prove I was elsewhere at the time) Ealing refused to back down when I wrote to them and it seems I would have had to turn up at an appeal. I presume I would have won but, having moved by then, it would have cost me more then £30 to win....
  • CoblcrisCoblcris Forumite
    1.9K Posts
    Postal appeals are routine. What drew you to the conclusion that it would have to be a personal appearance ?
  • wilko99wilko99 Forumite
    29 Posts
    I had an 'invoice' put on my vehicle in Asda, Tunstall, Stoke-on-Trent last year. I say invoice, as it is an invitation to pay and not an enforceable parking ticket, however much they tried to make it look like one. The company was Town & City Parking.
    Please do not make any contact with this company. Do not appeal against the invoice. Just drive away, and forget about it.
    They will then pay to get your details from the DVLA, and then send you a demanding letter for payment....Ignore. Then another letter...Ignore.
    You will then get all kinds of silly letters from so called solicitors....Ignore.
    Do not believe anything they say, things like your credit rating will be affected, criminal record and such like.
    It will eventually all stop. No more letters will be sent.
    They will give up, as they are just trying to extortion money from the hard working public.
    No one has ever been taken to court regarding this, so do not be frightened by these companies.
    Ignore...Ignore...Ignore...!!!
    Some thing I liked to do, was to put an empty envelope in the post to them without a stamp on it…Oh, and write cheque enclosed on the back J
    Asda suck for letting these cowboys run their car park.
    Be ALERT - The world needs more LERTS
  • skytskyt Forumite
    13 Posts
    Coblcris wrote: »
    Postal appeals are routine. What drew you to the conclusion that it would have to be a personal appearance ?
    Good point, at the time I was under the impression that I would have to pay up or turn up in person, I did later wonder if that was an unwarranted presumption. I think I should be less inclined to roll over next time....
  • Hi

    I really wished I had known about all of this 2 years ago as I foolishly paid my parking "fine" when my appeal was rejected. I had received a ticket from my local hospital's private car parking firm for parking in a bay reserved for staff. I was fully aware that it was for admin staff only but it was 11pm on Good Friday and the car park was virtually empty. I was rushing in a 6 week old baby who was vomiting up blood to the children's ward, he had already been on the ward on an off since birth and we had open access to take him straight there without going through A&E. The public car park was a good 10 min walk away and as the staff car park was next to the children's block I left my car there with a hurried note left on the dashboard to say I would move it as soon as I could. 8 hours later I went to move my car and had a ticket. I appealled on the grounds of mitigating circumstances and that my son was in hospital for a further 5 days which I paid the £5 per day charge. I was told my appeal was rejected as I had illegally parked without a staff permit. I stupidly paid the fine of £30 as they said if I didn't the failure to pay would be recorded on my credit rating. Is this true?
  • CoblcrisCoblcris Forumite
    1.9K Posts
    They lied.
    In their business it only a question of degree rather than classification.
  • Dear All,
    can i first say you may use this letter as a template or guideline to your own details. It worked for me.

    Upon going to get my hair cut with my little boy i realised i had no money in my wallet and had to extract some from the local cash point. upon attending a shopping precinct i noticed there were no parking bays available. having my 18 month old in the car i pulled up out side the cash machine causing no obstruction etc so i could keep an eye on him and i was only going to be 2 minutes. double yellow lines were present and i was aware of this, however it was no on a public road per say but in a private shopping precinct.
    i exited my vehicle and proceded to the cash machine no less than 2 metres away. having been literally 2 mins i turned my back to see a large male taking a photo of my car and had placed a sticker on it containing further paperwork.
    i naturally asked him what he was doing? he then stated i had been issued a 'penalty charge notice' for 1) not parking correctly in a marked bay and also 2) for causing an obstruction.

    i explained my story and theory of why i had parked there to no avail. i appreciate he has a job to do. the fine was £150 but if paid within 48 hrs was reduced to £100. i did remove the sticker (not knowing any better at the time) from my vehicle and proceeded home. by now, i thought the local authority only charge around £30-£60 for a fine why is this so high?

    i came home and did some research on the good old internet about the fines, penalty charge notices etc and realised they are uninforcable and it comes down to contract law which has to be heard in court and even then test cases at court have all be thrown out and dismissed. i decided not to pay.

    this was in the july!! i recieved a letter in the january some 6 months later from an official solicitors who i verified and i do know them. this letter stated that unless i paid £150 within 7 days i was going to court. I thought Tough!! im not paying, and the solictors are obvioulsy getting a cut of the money as they can use their headed paper and look all official and scare people with their letters.

    i wrote back stating i was not paying and i would choose a court appearance. i recieved a second letter stating the same. i wrote back the same stating i wanted a court hearing. i then recieved a third letter stating the parking firm had decided not to continue the charge notice!!

    excellent i had won!! stand by your guns!! do not pay!! have faith in what is right!!
    there were conflicting signs at my site where i was issued a private firms fine.
    The best bit was when i returned to my car and i saw the parking attendant returning to his which was parked in a customer bay!! and i was issued a ticked for not parking in a customer bay!! because this attendant was parked where he could see all and prey on motorists!
    Use this letter if you wish and change anything help yourself. this is not a official legal letter and common sense prevails when using it.

    of course i forget to tell you what occupation i am in, all im saying is i have a little legal knowledge!!

    Without Prejudice

    Dear ???????????,

    I refer to your letter dated ???????????? in relation to an outstanding payment which is allegedly owed to your client, ?????????????????????.

    I am slightly confused as to the content of the letter. It states I must pay £150 to your office within 7 days or face court action to recover those fees plus additional costs which may be incurred.

    I am a law abiding citizen, with a clean driving license and no criminal convictions. I have worked since leaving school paying all taxes to the state. I find this letter to be very intimidating, alarming and distressing especially as no offence has been committed.

    There are unclear directions on signage placed in various areas. Please see attached photograph. If you could tell me what this means then I would be most grateful for future reference. You can clearly see there is a customer parking notice and also a traders parking notice next to each other. Can I park in the bays below these signs? Perhaps your client or landowner could clarify.

    The fees expected are completely disproportionate to any offence known on this scale and are only being charged at this rate due to it being a private company and not local authority. The fine does not represent any substantial loss or inconvience to the company in anyway. There are various other concerning points which will be highlighted and raised when court proceedings commence.

    I have sought legal advice in a quick time frame to meet the requested deadline. I have been requested to ask for the following Information so this matter can be pursued on my behalf;

    · To detail the actual offence allegedly committed – unfortunately your letter does not contain this
    · A copy of any parking ticket issued that day to vehicle (YOUR VEHICLE)
    · On which day, time and location this offence was committed
    · Full details of the issuing security officer and their vehicle used that day
    · Details and copy of the security officers Security Industry Authority license and serial number
    · A copy of the security officers note book and all notes made in relation to this matter
    · A detailed description of the driver of vehicle (YOUR VEHICLE REG) when the alleged offence occurred
    · All documentary photographs and cctv that are held by your client, landowner and your office in relation to this matter
    · Copy of all witness statements
    · A copy of the contract between landowner and (THE PARKING COMPANY DETAILS)services
    · Any other material in relation to this matter which may undermine this case

    I deny any alleged offence and intend to plead Not Guilty. I have sent this letter to you via Royal Mail first class recorded delivery so you should receive it within the time frame you requested and an audit trail will exist with Royal Mail.

    It would be appreciated if the above points could be actioned and material could be sent expeditiously. If possible could the letter from yourself be sent recorded delivery to ensure I receive it so there will be no issues if they are lost in the postal system.

    Yours faithfully



    YOUR DETAILS.
  • sheridan120sheridan120 Forumite
    1 Post
    Tenth Anniversary Combo Breaker
    MoneySaving Newbie
    Hi, after just three says of working in Tameside I came back to my car after work to find what I first thought was a 'council parking fine' for £90.00 under my windscreen wiper.

    On reading it, it stated that I was obstructively parked. On my further inspection it was not a fine from the council as I first thought i.e yellow and black ticket (just like the council ones!!!) it was from a private company called UK Parking Patrol Office (very official sounding!!!)

    On reading the the first bit of the small print on the back (as I'm apt to do before parting with a penny of my hard earned salary!!!) the notice said said I can appeal against the parking fine in writing within 28 days... On further reading it stated that " All cases are held on hold upon the receipt of a written appeal and any driver appealing within 14 days from date of issue will be given the opportunity to provide payment at a reduced cost... very suspicious!!!!

    Reading on further it stated I could also appeal on line (which I did directly) however after much searching on their website I was finally directed to another website to which I was allowed to appeal...

    I told them in no uncertain terms that I was not obstructively parked and would be awaiting their response. After about three weeks they contacted me back with the most ridiculous photo of my car (not even displaying the number plate!!!) it could have been anyone's car...

    I e-mailed them back yet again and told them yet again I was not obstructively parked and was not going to be paying a fine whatsoever. That was in June of this year. I am still awaiting a further response...

    First mistake: you are not allowed to copy something as to make people think it is from another company (this is illegal) found this out via an online solicitors website e.g. yellow and black parking fines!!!
    Secondly: A private parking fine company cannot take you to court, only the land owner is able to prosecute if you go on their land (and they have to catch you in the act)
    Thirdly:they have to have prove who was driving the car...

    I hope this helps...
  • fed.up_2-2fed.up_2-2 Forumite
    14 Posts
    Part of the Furniture Combo Breaker
    I was wondering if anyone has had any success with Elite Parking control LTD? I have just found the section about getting refunds and have decided to take them to a small claims for clamping,tow truck and credit card fees of £254.50, i didn;t pay the parking ticket of £90. These guys would have had more than £300 off me for parking in a public carpark that is not regulated by anyone (dispite them claiming it is).

    So i was just wondering if anyone has had any luck with claimgin against them.
  • edited 20 August 2009 at 10:54PM
    theredvictheredvic Forumite
    1 Post
    edited 20 August 2009 at 10:54PM
    Last year I entered our local council car park, as a blue badge holder issued by the local authority I had recieved a letter with it stating that in the local area, car park charges are exempt for Blue Badge holders.

    On entering the car park, I could not find any parking places available due to a market in the next car park taking up all the spaces, so parked against a kerb at the side of the nearest cars, leaving plenty of room for any other vehicles to pass.

    However, I then recieved a parking fine notice through the post, which stated that I had parked illegally against the kerb and not in a designated parking bay.

    I duly replied to the notice and stated the reason why I had parked there and that my blue badge was on the dashboard, but the council rejected this and stated I had to pay the fine non the less.

    I then appealed to the Parking appeals and went to the hearing, In the letters from the council to the hearing it stated that the warnings about parking outside the designated parking area's were fully explained on the ticket machines (2 in the car park) and that I had violated the terms laid down on the notices on those ticket machines.

    At the Appeal hearing, I showed photographs which I had taken, firstly , there were no signs anywhere stating that you could not park outside the designated parking area's, and that, as a disabled driver, I would not have had a reason to read the wording on the ticket machine, as I did not have to buy a ticket in the first place.

    The Adjudicator agreed with me on all the points, and instructed the local council that if they wanted to ticket anybody who was not parked in the correct parking bay to put up signs saying so, a year later, still no signs up to state this.

    It is always a good thing to challenge a ticket if the signage is not correct or difficient, especially for holders of blue badges (People are still getting tickets, and paying them a year later, even after getting a rollocking from the the adjudicators)

    The company employed at the time was Vinci Parking Services, The adjudicator told me I was the tenth person in that day at the hearings, and was the tenth person to win their appeal, and that the company was a disgrace, they have now got rid of them and employing council wardens.
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