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I've made quite a bit of work for myself? Fine by me I am self employed and well used to recovering costs
So I will ask again, do they have a leg to stand on (I'm asking it as a serious question just in case any reader of these forums thinks of an angle that I haven't)
Mossycat
Assuming you can prove the ticket was clearly on display, I would suppose you may win on appeal. Whether an adjudicator would award costs, especially if the way the ticket was displayed came to light, is much more doubtful.
If I go to appeal and win can I claim costs?
Adjudicators can award costs to appellants or councils if either party acts "frivolously, vexaciously or wholly unreasonably". The award of costs is the exception rather than the rule. However, you should ask the adjudicator for costs if you think you have grounds
The question of the awarding of costs is addressed in Regulation 12 of The Road Traffic (Parking Adjudicators) (London) Regulations 1993.
“12. (1) The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2) make such an order -
(a) against a party (including an appellant who has withdrawn his appeal or a local authority that has consented to an appeal being allowed) if he is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable; or
(b) against the local authority, where it considers that the disputed decision was wholly unreasonable.
(2) An order shall not be made under paragraph (1) against a party unless that party has been given an opportunity of making representations against the making of the order.
(3) An order under paragraph (1) shall require the party against whom it is made to pay the other party a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings.”
Assuming you can prove the ticket was clearly on display, I would suppose you may win on appeal. Whether an adjudicator would award costs, especially if the way the ticket was displayed came to light, is much more doubtful.
Just a thought: If you have over 600 tickets from "over a year", do your council not operate some kind of season ticket or concession scheme? You could save yourself some money
Just a thought: If you have over 600 tickets from "over a year", do your council not operate some kind of season ticket or concession scheme? You could save yourself some money
I have to say thanks to Mossycat for making me laugh at this.
I have previously stated that I appeal all my parking tickets and have never lost a case taken to adjudication.
However, there is a marked difference between getting a pcn after having parked in good faith and something has inadvertently gone wrong compared with parking in a manner designed to confuse, obstruct and obfuscate.
And that is what I think you have done Mossycat. Good luck to you with your appeal. I think you know what you are getting into. Just one point though; if I was the adjudicator in this case (and I stress that I am not an adjudicator in any cases!) I would seriously consider, if the LA made an application, whether my powers to award costs against you were appropriate here.
My friend had a dispute when she had disabled aunt with her, parked up displayed appropriate blue badge, got parking ticket. apparently the last number of the ref was slightly obscured, but photo of badge holder, issuing authority etc was on-show, she did win on appeal, parkin attendant had taken about 4 pics of the badge though, to try to prove his point no-doubt, the pics were included in friends letter telling her they were letting her off, so to speak!
Park Place, and surrounding streets. 80p for 20 minutes Mon-Fri and a different rate at weekends.
Mossycat
As I said "The Truth will Out!"
I have contacted Leeds City Council in accordance to a pcn issued in Park Place on February 28th.
They were very interested to learn that somebody had been boasting of such vexatious and wholly unreasonable behaviour. Armed with the link to this thread they have promised a full investigation.
I have also forwarded details of my conversation with LCC and again the link to this thread to NPAS.
I have contacted Leeds City Council in accordance to a pcn issued in Park Place on February 28th.
They were very interested to learn that somebody had been boasting of such vexatious and wholly unreasonable behaviour. Armed with the link to this thread they have promised a full investigation.
I have also forwarded details of my conversation with LCC and again the link to this thread to NPAS.
Good Luck in your appeal.
Bet you're fun at a party!
Reality is that there's not a great deal for the LA to investigate. At least there is nothing that Mossycat did that was illegal, unlike plenty of activities of PAs and LAs. Perhaps their investigation will reveal some and they will correct them!
Reality is that there's not a great deal for the LA to investigate. At least there is nothing that Mossycat did that was illegal, unlike plenty of activities of PAs and LAs. Perhaps their investigation will reveal some and they will correct them!
Thanks for that Bernie.
Whilst I am totally confident that I haven't done anything illegal I thought it prudent to remove my log for a while. I suspect that someone here is possibly a PA maybe even from Leeds, perhaps even from Park Place!!!!! (Dates that people join and threads they choose to reply to and all that)
I don't really think that any Council would be stupid enough to use words 'wholly unreasonable', but if that's their argument it should be interesting.
I posted the original thread because I wanted to pick the brains and experience of this forum just to see if there was any angle that I hadn't taken into account, and it looks that there isn't.
Updates will follow when the matter is finalised
And for those of you who are fun at parties I don't need your sarcastic wishes of Good Luck, I have all I need and I sure as hell know how to use it.
You are clearly a vindictive little twit with nothing better to do than stick 600 tickets onto a board that you cut to fit your windscreen?? How sad is that??
You can make all the excuses you like as to why you did it, the reality however, is that to all silent observers and posters of this website (with the exception of an equally disturbed minority), you clearly need to start living your life. You are obviously single, so why don't you get out and about and start socialising and meeting people instead of challenging a council as to their stance on their parking policy.
With regards to the point about doubting LCC would have used the words "wholly unreasonable", it was I who used them referring to following information already posted by Michael Browne albeit a slight amendment as the relevant regulations are cited as The Road Traffic (Parking Adjudicators) (England and Wales) Regulations 1999.
Costs 12. - (1) The adjudicator shall not normally make an order awarding costs and expenses, but may, subject to paragraph (2), make such an order -
(a) against a party (including an appellant who has withdrawn his appeal or a local authority that has consented to an appeal being allowed) if he is of the opinion that the party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable;
PS I'm great fun at a party.
Maybe you should get out to one.
Ticket was on display
Originally Posted by Mossycat
