Getting my parking fines back - its war.

[haydn]

Ok, so here goes. I have paid too many fines on behalf of my two sons , my wife and now last week, myself in parking tickets. Mostly by overstaying in council car parks but mine really got me mad, when the warden gave me a ticket but allowed the adjacent vehicle off because it was dealing with a drain across the road. I reckon I have paid around £300 over the past six years. When I mentioned this site to my son, he gave me his latest ticket for unloading his car during the hours of an unloading ban.

I have asked that these two tickets be cancelled, quoting the Bill of Rights that I saw mentioned elsewhere on this site. I kind of think I will get a letter in a few days offering to cancel.

Eitherway, I will re invest some winnings from the unfair bank charges debacle, and get litigant for a refund of all my tickets first. Then after they set the precedent I will hit them with the family members making their claims all at once.

My latest ticket states they are a 'Penalty Charge Notice', they dont say 'date of issue' they do say 'issue date' so I doubt that makes them wrong.

My plan: to send a Data Protection Act Request to the local council going back 6 years for every vehicle we have had in the past 6 years. (I assume they log offenders my registration number and name/address) asking for detals of all penalty charges issued. Then to request a refund of the fines plus interest. Then to issue a summons. I dont think I will plan for the hearing unless it becomes necessary. I will hope the council will cave in as sweetly as the banks.

So, can anybody help me word a clever argument, provide templates and I will kick it all off.

You know, I have had such fun with the banks, when that is all over I wont know what to do for a while. Surfing this site is more fun than watching Eastenders. So please provide the ammo and I will keep you posted.

Regards

H

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[davefirewalker]

This forum is full of really helpfull people and you may find an answer in the posts here. But have a look at FightBack Forums (Powered by Invision Power Board)

any knowledge gained will be welcome back here. If we all share what we know we cant lose

Dave

[Robert J Scott]

Haydn.
I have never had to pay a parking fine in my life, I challenge every one I've ever had. Most recent one, when I went to the Parking Adjudicator, she investigated and agreed that there had not been an 'advisory plate' present when I parked. She found in my favour. I complained to the chief Executive of the City that the warden and his/her boss, having twice stated in writing that the plate was there had obviously been lying. I am about to issue a Small Claim action against the City to recover the expenses their lying cost.
Investigate the area in which you have been booked, i challenged and won another where the road had been patched so breaking the 'continuous marking'. Under these conditions another plate should have been errected, it was now two seperate areas. A technicallity but valid.
Try that approach and I'll keep the forum advised of my progress.
Bob Scott

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	Fight a Motoring Ticket kit Follow this link to read the review of the "Fight a motoring ticket" kit by Lawpack. Everything you need to challenge your motoring ticket. Most motoring tickets go unchallenged. Most which are challenged are challenged successfully.

[haydn]

It seems the Bill of Rights Act has been judged upon and we cannot use it as a defence. So I need other areas of attack.

[haydn]

Barnet Council lost a ruling today. It appears that all Penalty Charge Notices (PCN) must have both a date of issue AND a date of contravention. Mine just have a date of issue. So, for Taunton Deane Borough Council......Its WAR.

Actually, I am unsure about the two dates issue, they might need to show date of issue and date from which the 28 days start within which payment must be made. Either way mine just have one date.

	Fight a Motoring Ticket kit Follow this link to read the review of the "Fight a motoring ticket" kit by Lawpack. Everything you need to challenge your motoring ticket. Most motoring tickets go unchallenged. Most which are challenged are challenged successfully.