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Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.

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Old 18th August 2006, 21:40   #1 (permalink)
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jolly Novitiate
Default permission to park then given a ticket.

i run a small delivery business in Edinburgh. I employ one driver, who was delivering to a customer a rather large amount of water. He asked a traffic warden nearby if it would be ok to park in a bus stop while he delivered as it was a really big delivery of about 60 cases. The traffic warden said that would be fine as long as he wasn't any more than 15 minutes. Now my driver was only on his second lot of cases when he came out to find a different traffic warden with his wee machine printing out a ticket. When he told the warden that he had permission from a different warden he was told that unfortunately this warden had processed the ticket and he had to put it on the van. However he did note down in his book a record of what my van driver said and said that if we appealled we would be let off with it. When I wrote in the the NPC they politely wrote back and said that as my van had been parked in a bus stop it was an automatic ticket and unfortunately as i don't have a note of the first traffic wardens no. we had no way of verifying the story. Do I have a leg to stand on? To be honest the situation in edinburgh is getting ridiculous, i have run this business for 4 years and never had a ticket until this year - where i have had 4!
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Old 18th August 2006, 23:25   #2 (permalink)
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Default Re: permission to park then given a ticket.

Quote:
Originally Posted by jolly
i run a small delivery business in Edinburgh. I employ one driver, who was delivering to a customer a rather large amount of water. He asked a traffic warden nearby if it would be ok to park in a bus stop while he delivered as it was a really big delivery of about 60 cases. The traffic warden said that would be fine as long as he wasn't any more than 15 minutes. Now my driver was only on his second lot of cases when he came out to find a different traffic warden with his wee machine printing out a ticket. When he told the warden that he had permission from a different warden he was told that unfortunately this warden had processed the ticket and he had to put it on the van. However he did note down in his book a record of what my van driver said and said that if we appealled we would be let off with it. When I wrote in the the NPC they politely wrote back and said that as my van had been parked in a bus stop it was an automatic ticket and unfortunately as i don't have a note of the first traffic wardens no. we had no way of verifying the story. Do I have a leg to stand on? To be honest the situation in edinburgh is getting ridiculous, i have run this business for 4 years and never had a ticket until this year - where i have had 4!
First thing to do would be check the PCN has two dates.

1. Date of Issue. Top of Ticket

2. Date of Contravention. Within the details of the contravention.
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Old 18th August 2006, 23:30   #3 (permalink)
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Default Re: permission to park then given a ticket.

Yes it has, edinburgh district council's tickets are all ok. Have checked before - unfortunately.
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Old 29th August 2006, 17:05   #4 (permalink)
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Default Re: permission to park then given a ticket.

From my exerience of contesting a penalty served by APCOA, my advice is: should you appeal to adjudication and the decisions are negative, then appeal again to the 'Cheif Adjudicator'.

In my particular expereince I argued at length my case in the first instance and then after the first negative decsion I argued against the reasoning behind their decision. After another round of negative decisions I appealed to the cheif adjudicator.

They're inclined to give a negative decison in the first instance at least. Its probably a matter of course. So if you're are on higher ground, which you are, then don't take their initial decisions as real contemplative decisions - appeal to the cheif adjudicator, even though they may say there's no further appeal in their decision letters. He/She has more power to undo the rigid net of law that has caught the wrong fish. He/She is most open to making a fair decsion. Give him/her an amalgamtion of what you put to the standard adjudicators and maybe your penalty will be waived like mine.

Like most advice on here, it's matter of convincing them you're for real. Tenacity is key.
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