Your parking ticket may be unlawful - Page 12

micia · 27th July 2006, 14:50

I have a ticket which has "date of notice" 08/06/2006 in the top right corner then again on the payment slip attached, it has the time of said contravention but not the date just a notice. I am already appealing, am waiting for my NTO on the grounds that I was advised I could park in the bay(residents only) with a disabled badge and have done so without hassle each week for the past 11 months.

Do I have a case with the wording if my notice to owner appeal is rejected?

Movingon · 27th July 2006, 16:02

Quote:

Originally Posted by micia

I have a ticket which has "date of notice" 08/06/2006 in the top right corner then again on the payment slip attached, it has the time of said contravention but not the date just a notice. I am already appealing, am waiting for my NTO on the grounds that I was advised I could park in the bay(residents only) with a disabled badge and have done so without hassle each week for the past 11 months.

Do I have a case with the wording if my notice to owner appeal is rejected?

A case? A case against what? You have not received a valid parking ticket...

dw190 · 27th July 2006, 22:20

Quote:

Originally Posted by micia

I have a ticket which has "date of notice" 08/06/2006 in the top right corner then again on the payment slip attached, it has the time of said contravention but not the date just a notice. I am already appealing, am waiting for my NTO on the grounds that I was advised I could park in the bay(residents only) with a disabled badge and have done so without hassle each week for the past 11 months.

Do I have a case with the wording if my notice to owner appeal is rejected?

That should read "Date of Issue" and you will find within the PCN it mentions within 14 & 28 days Including the "Date of Issue"

deemacperth · 28th July 2006, 14:54

I've just come back from my NPAS hearing today. You'll all be happy to hear I won, but only on a technicality which p*ssed me off.

Interesting news on the Date of Issue argument though. My adjuducator refused to comment on this part of my argument as a council has appealed an NPAS decision to the High Courts, so we should be getting a precedemnt about this soon.

What's the bets the Court find for the Council. Any other decision and it opens the floodgates.

dw190 · 28th July 2006, 21:24

Quote:

Interesting news on the Date of Issue argument though. My adjuducator refused to comment on this part of my argument as a council has appealed an NPAS decision to the High Courts, so we should be getting a precedemnt about this soon.

What's the bets the Court find for the Council. Any other decision and it opens the floodgates.

he case is to be heard in four days time.

Moses Barnet Judicial review 1st August - FightBack Forums

seylectric · 29th July 2006, 03:01

Yes, the council in question asked for a judicial review. Bad news actually this, if the courts find in favour of the council - and they probably will - it will probably override the incorrect wording issue that most of us are basing our claims on, so we could expect some huge unpaid parking ticket bills in theory. Don't bottle it yet, this one is set to run and run.

Remember most parking tickets are probably issued illegally anyway because of other technicalities such as worn out lines and so on, regardless of the wording on the tickets. There's more than one way to crack a nut! If the costs to the council of fighting the case rise to such a point that it is becoming expensive there is always the argument that the case isn't in the public interest especially since there is a limit to the costs they can reclaim! Don't lose sight of the fact that it's mostly a money-making scam and you won't lose faith.

dw190 · 29th July 2006, 09:06

You also find that councils who have got their PCN's right while on the swings tend to loose out on the roundabouts by having errors in their NTO's, NofR's & Charge Certificates.

It should be noted that if you appeal before receiving a NTO some councils make the fatal error of sending you a notice of rejection and a Charge Certificate without continuing the through the process of the statutory proceedure.

kerzo · 29th July 2006, 17:17

hey there, i've just joined and i've recently been given a ticket and had my car towed away for (stupidly)parking on double yellows,but i've been reading these posts with great interest and i am looking to appeal against my ticket as it doesn't say "date of issue" or "date of contravention".the only places it says this is in the part where you are told to "pay a penalty of £60 within 28 days of the date of issue"but at the top of my ticket it only says "date",not date of issue!! is this invalid??
also, it only says "who had reasonable cause to believe that the following parking contravention had occured" no "date of conravention". is this also invalid???

Movingon · 29th July 2006, 17:47

Quote:

Originally Posted by deemacperth

I've just come back from my NPAS hearing today. You'll all be happy to hear I won, but only on a technicality which p*ssed me off.

What was the technicality which won you the case?

JonCris · 30th July 2006, 00:59

If your car was NOT causing an obstruction the council may have broken the law by towing it away as only the police can order it to taken away in such circumstances & the council will have breached your human rights.

Ain't life grand!

rogerebaker · 3rd August 2006, 18:34

The high court today ruled against Barnet council in the case of Moses V Barnet.

The end result is that if the ticket has no date on it which states "Date of Issue" it is unenforcable.

As it was the high court this is now a precident.

Get your old parking tickets out folks - time to get your money back.

Michael Browne · 3rd August 2006, 18:45

Yipee, you've made my day!

rogerebaker · 3rd August 2006, 18:51

Mine to

Ive been exchanging letters with Elmbridge and Woking council on this issue for the last couple of months and they have been treateing me like some sort of idiot.

I can feel a couple more letters coming on tomorrow

Michael Browne · 3rd August 2006, 19:01

Have you got a link to the judgement?

deemacperth · 3rd August 2006, 19:41

A link here:

http://www.lmag.org.uk/modules.php?n...article&sid=53

Quote:

Originally Posted by StoneLaughter

What was the technicality which won you the case?

I was arguing that I had been loading my car in a parking bay, but I still had a ticket on my passengers side window from earlier that morning. I was given a ticket for parking after my time had run out. The adjuducator ruled that it was invalid as it should have been parking without displaying a valid ticket as I'd left and come back. Can you believe that. Complete and untter B*llocks. Didn't want to get into my argument.

Incidentally, he stated that you can't load or unload in a parking bay. Complete B*llocks again, I've been printing out reams of regulations and parts of Acts to formulate my complaint against his handling of the case. He stated that was a fact, so if my case hadn't been decided on the technicality, he claimed I wouldn't be able to appeal on it as it wasn't a point of law.

chrismc · 3rd August 2006, 19:55

Quote:

Originally Posted by rogerebaker

The high court today ruled against Barnet council in the case of Moses V Barnet.

The end result is that if the ticket has no date on it which states "Date of Issue" it is unenforcable.

As it was the high court this is now a precident.

Get your old parking tickets out folks - time to get your money back.

Good news ReB at least one grey area cleared up!!

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