Your parking ticket may be unlawful - Page 4

JonCris · 1st June 2006, 16:48

Quote:

Originally Posted by seylectric

That's Neil Herron's site, thanks for the link though, I hadn't realised it had not been posted yet.

Probably the best of those who are fighting this "cash machine" attitude of the local councils. Mr. Heeron's team have now published a copy of my PCN on the website.

Yes Neils site is great. Read this http://www.bwmaonline.com/Robin%20de%20Crittenden's %20NPAS%20hearing.htm it'll warm the cockles of your heart. Apart from Mr Critteden who's wonderful (I would have paid good money to be there) you'll see Neils evidence

seylectric · 1st June 2006, 19:01

Yes, I'm aware of the metric martyrs case. It's dodgy ground though, some judges seem to allow it others don't and so it wouldn't get you a result in every case (otherwise the whole system would have been scrapped by now).

My case is based on far more fundamental current law. The tickets were issued unlawfully because they are incorrectly worded. I have therefore been unlawfully harrassed by the council and their bailiffs for previous unpaid tickets. I'm not just looking to get my tickets cancelled, I want everybody else's cancelled too. I will be looking for a complete overhaul of the system, the head of the parking manager (ok then, his job) and compensation for three years of harrassment by the bailiffs, who regardless of whether or not the tickets were legal were unlawfully harrassing me anyway, such as threatening to take my car even though they had been told it was for business use - which effectively mean they can't.

deemacperth · 1st June 2006, 20:44

Actually, as it was ratio decidendi of the case, it's binding on all lower courts. A county court judge cannot go against a higher courts judgement.

It's when it reaches the divisonal levels of the High Court that the decision is not binding.

seylectric · 2nd June 2006, 01:52

Good post, very accurate info.

JonCris · 2nd June 2006, 02:17

Quote:

Originally Posted by deemacperth

Actually, as it was ratio decidendi of the case, it's binding on all lower courts. A county court judge cannot go against a higher courts judgement.

It's when it reaches the divisonal levels of the High Court that the decision is not binding.

As you didn't add a quote can you tell me which case your referring too

deemacperth · 2nd June 2006, 11:17

The Metric Martyrs case was appealed in the divisional court of the high court. That’s when Lord Justice Laws made his statement about the bill of rights being an important document of constitutional stature and had to be implicitly repealed.

As it was part of his reasons for dismissing the appeal it was ratio decidendi whereas if it had just been an observation to a question of law it would have been obiter dictum and not binding.

rogerebaker · 3rd June 2006, 23:56

I managed to get myself a parking ticket for staying slightly longer than the permitted free 1 hour yesterday.

Having read the comments in this thread it appears that it may be invalid.

No date of issue other than on the payment slip.

No Colour of vehicle

The time my vehicle was first spotted is also not recorded on the ticket. I would have thought this was vital as I was allowed 1 hour free.

Is it worth appealing ?

Should I pay the 30 quid fine within the 14 days but state that it is without any addmission of guilt. I dont want the ticket to double.

JonCris · 4th June 2006, 01:10

Quote:

Originally Posted by rogerebaker

I managed to get myself a parking ticket for staying slightly longer than the permitted free 1 hour yesterday.

Having read the comments in this thread it appears that it may be invalid.

No date of issue other than on the payment slip.

No Colour of vehicle

The time my vehicle was first spotted is also not recorded on the ticket. I would have thought this was vital as I was allowed 1 hour free.

Is it worth appealing ?

Should I pay the 30 quid fine within the 14 days but state that it is without any addmission of guilt. I dont want the ticket to double.

What sort of car park was it

rogerebaker · 4th June 2006, 01:42

It was street parking with one hour free

seylectric · 4th June 2006, 06:49

Quote:

Originally Posted by rogerebaker

I managed to get myself a parking ticket for staying slightly longer than the permitted free 1 hour yesterday.

Having read the comments in this thread it appears that it may be invalid.

No date of issue other than on the payment slip.

No Colour of vehicle

The time my vehicle was first spotted is also not recorded on the ticket. I would have thought this was vital as I was allowed 1 hour free.

Is it worth appealing ?

Should I pay the 30 quid fine within the 14 days but state that it is without any addmission of guilt. I dont want the ticket to double.

PAY NOTHING. You will have a much harder time getting it back than you will geting the ticket cancelled. If there is no "Date of Issue" and "Date of Contravention" (nothing else will do) no the TICKET, not the payment slip then the ticket is invalid. The answers are all in this thread and the posted links, but if you want to appeal the ticket then you will need to read the thread. Besides, if you pay they will take that as an admission of guilt anyway (and at any subsequent appeal a judge or adjudicator is likely to assume the same if you have already paid)

Read this thread then APPEAL. Don't let them get away with it, you might also have a point about the observation time but it's irrelevant anyway is the ticket is wrongly worded, and from what you have told us here, it is.

Nearly a month now since I sent in FOUR parking tickets claiming they were void since the wording was illegal and no reply; my feeling is the council know I have them bang to rights with this. Normally they send a reply (usually a rejection) in 4-5 days.

rogerebaker · 4th June 2006, 16:57

Good point about the payment appeal letter ready to be posted tomorrow.

I would place a scanned copy on the thread if I could work out how to do it

any ideas

Rich44 · 4th June 2006, 23:52

Quick bit of advice needed, is this one legally enforcable or not?

Makes me laugh there was a permit on the dashboard, they must be blind I think lol. I'd just like to have my facts straight before mouthing off at them.

StoneLaughter · 5th June 2006, 00:32

That actually looks like it has all the bits it's supposed to have I'm afraid... the onus is now on you to prove that you DID in fact have a permit displayed...

seylectric · 5th June 2006, 00:37

You reckon? I don't see a "Date of Issue" or a "date of Contravention", both should be shown on the ticket. I know there's a lot to get through but all the info is here in this thread.

Rich44 · 5th June 2006, 00:37

Its about the 4th time they've done it and they've scrubbed all the others so I have no reason to doubt they will this one just fancied upsetting the council with it lol.

Yeah ive read the thread and I thought it was missing the necessary bits but I just wanted some of you helpful chaps to double check before I make an ass of myself hehehe (happens all the time)

This is what happens when your wardens are on commission

StoneLaughter · 5th June 2006, 00:47

My apologies; it says "issued at 0847" when it should say "Date of Issue: <date>"

There's no "Date of contravention" at all...

I stand scorned by the Great Seylectric :P

seylectric · 5th June 2006, 00:57

Hey, not at all but if you have followed this thread you will see it's a subject "dear to my heart" and I have been very involved in the thread. There is a lot to get through and most people can't be expected to trawl through it all. I'm no expert but I've picked a lot up.

After all I'm a great believer in the concept of "It's quicker to ask", but it's essential reading for anybody with a parking ticket problem. Some fantastic links have been posted too.

Ideally we could now do with a sticky thread with some general info and advice together with some of the more useful links but it's finding the time to compile it.

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