Ticket was on display

green_and_mean · 29th February 2008, 20:24

It is your responsibility to CLEARLY display the ticket which you failed to do.

Michael Browne · 29th February 2008, 20:30

Quote:

Originally Posted by Mossycat

And yes I did do this on purpose I just wanted to make the wardens work and spend some time searching out the correct ticket.

And now you seem to have made quite a bit of work for yourself. You clearly didn't think your cunning plan through.

Mossycat · 29th February 2008, 22:54

Quote:

Originally Posted by green_and_mean

It is your responsibility to CLEARLY display the ticket which you failed to do.

Mossycat

Mossycat · 29th February 2008, 22:57

Quote:

Originally Posted by Michael Browne

And now you seem to have made quite a bit of work for yourself. You clearly didn't think your cunning plan through.

Mossycat

Michael Browne · 1st March 2008, 00:03

Quote:

Originally Posted by Mossycat

I've made quite a bit of work for myself? Fine by me I am self employed and well used to recovering costs

So I will ask again, do they have a leg to stand on (I'm asking it as a serious question just in case any reader of these forums thinks of an angle that I haven't)

Mossycat

Assuming you can prove the ticket was clearly on display, I would suppose you may win on appeal. Whether an adjudicator would award costs, especially if the way the ticket was displayed came to light, is much more doubtful.

Quote:

If I go to appeal and win can I claim costs?

Adjudicators can award costs to appellants or councils if either party acts "frivolously, vexaciously or wholly unreasonably". The award of costs is the exception rather than the rule. However, you should ask the adjudicator for costs if you think you have grounds

The question of the awarding of costs is addressed in Regulation 12 of The Road Traffic (Parking Adjudicators) (London) Regulations 1993.

“12. (1) The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2) make such an order -

(a) against a party (including an appellant who has withdrawn his appeal or a local authority that has consented to an appeal being allowed) if he is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or

(b) against the local authority, where it considers that the disputed decision was wholly unreasonable.

(2) An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.

(3) An order under paragraph (1) shall require the party against whom it is made to pay the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.”

Mossycat · 1st March 2008, 11:44

Quote:

Originally Posted by Michael Browne

Assuming you can prove the ticket was clearly on display, I would suppose you may win on appeal. Whether an adjudicator would award costs, especially if the way the ticket was displayed came to light, is much more doubtful.

Mossycat

Chesterexpress · 1st March 2008, 12:07

Unbelievable

Mossycat · 1st March 2008, 12:58

Quote:

Originally Posted by Chesterexpress

Unbelievable

Mossycat

robin9342 · 2nd March 2008, 16:39

Just a thought: If you have over 600 tickets from "over a year", do your council not operate some kind of season ticket or concession scheme? You could save yourself some money

The Truth will Out! · 2nd March 2008, 17:57

I'm from Leeds and I don't know anywhere that you can park on the street that requires a pay and display ticket.

Chesterexpress · 2nd March 2008, 18:26

Quote:

Originally Posted by Mossycat

Yeah I know, like you I couldn't believe that he didn't check all the tickets I was displaying.

Mossycat

Not exactly what I was thinking mossy, but am sure you knew that!

Mossycat · 2nd March 2008, 19:45

Quote:

Originally Posted by The Truth will Out!

I'm from Leeds and I don't know anywhere that you can park on the street that requires a pay and display ticket.

Mossycat

Mossycat · 2nd March 2008, 19:47

Quote:

Originally Posted by robin9342

Just a thought: If you have over 600 tickets from "over a year", do your council not operate some kind of season ticket or concession scheme? You could save yourself some money

Mossycat

Bernie_the_Bolt · 3rd March 2008, 12:10

I have to say thanks to Mossycat for making me laugh at this.

I have previously stated that I appeal all my parking tickets and have never lost a case taken to adjudication.

However, there is a marked difference between getting a PCN after having parked in good faith and something has inadvertently gone wrong compared with parking in a manner designed to confuse, obstruct and obfuscate.

And that is what I think you have done Mossycat. Good luck to you with your appeal. I think you know what you are getting into. Just one point though; if I was the adjudicator in this case (and I stress that I am not an adjudicator in any cases!) I would seriously consider, if the LA made an application, whether my powers to award costs against you were appropriate here.

coffeesupper · 3rd March 2008, 12:28

My friend had a dispute when she had disabled aunt with her, parked up displayed appropriate blue badge, got parking ticket. apparently the last number of the ref was slightly obscured, but photo of badge holder, issuing authority etc was on-show, she did win on appeal, parkin attendant had taken about 4 pics of the badge though, to try to prove his point no-doubt, the pics were included in friends letter telling her they were letting her off, so to speak!

They do take pics! Good Luck!

The Truth will Out! · 3rd March 2008, 20:47

Quote:

Originally Posted by Mossycat

Park Place, and surrounding streets. 80p for 20 minutes Mon-Fri and a different rate at weekends.

Mossycat

As I said "The Truth will Out!"

I have contacted Leeds City Council in accordance to a PCN issued in Park Place on February 28th.

They were very interested to learn that somebody had been boasting of such vexatious and wholly unreasonable behaviour. Armed with the link to this thread they have promised a full investigation.

I have also forwarded details of my conversation with LCC and again the link to this thread to NPAS.

Good Luck in your appeal.

Bernie_the_Bolt · 3rd March 2008, 23:41

Quote:

Originally Posted by The Truth will Out!

As I said "The Truth will Out!"

I have contacted Leeds City Council in accordance to a PCN issued in Park Place on February 28th.

They were very interested to learn that somebody had been boasting of such vexatious and wholly unreasonable behaviour. Armed with the link to this thread they have promised a full investigation.

I have also forwarded details of my conversation with LCC and again the link to this thread to NPAS.

Good Luck in your appeal.

Bet you're fun at a party!

Reality is that there's not a great deal for the LA to investigate. At least there is nothing that Mossycat did that was illegal, unlike plenty of activities of PAs and LAs. Perhaps their investigation will reveal some and they will correct them!

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