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

[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

[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.