Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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Thread: Parking Fine

  1. #1
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    Thumbs down Parking Fine

    I recently received a parking fineicon for non display of a valid parking ticket although I did have one but it just slipped off the dashboard. I appealed the ticket and they dismissedicon the appeal. I then requested they send me the pictures of my car. There were 4 pictures but none of them showed the footwell of the driver where the ticket had slipped to.

    I want to take it further because I refuse to pay £50 or £75 for a ticket that I had actually paid for!

    Does anyone think I have a good claim?

    Thanks.


  2. #2
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    Default Re: Parking Fine

    Quote Originally Posted by banksm4004 View Post
    I recently received a parking fineicon for non display of a valid parking ticket although I did have one but it just slipped off the dashboard. I appealed the ticket and they dismissedicon the appeal. I then requested they send me the pictures of my car. There were 4 pictures but none of them showed the footwell of the driver where the ticket had slipped to.

    I want to take it further because I refuse to pay £50 or £75 for a ticket that I had actually paid for!

    Does anyone think I have a good claim?

    Thanks.
    Had a few of these, most famouse on here was harrystottle thread.

    Post up the ticket, front and back

    what you appealed on

    and the standard crap template letter of rejection from the LA.


  3. #3
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    Default Re: Parking Fine

    Will post the ticket and letters on here tomorrow! Have appealed under Mitigating Circumstances- I consider that the charge is unfair and should not have been issued.

    I think i've got a valid case.


  4. #4
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    Default Re: Parking Fine

    Quote Originally Posted by banksm4004 View Post
    Will post the ticket and letters on here tomorrow! Have appealed under Mitigating Circumstances- I consider that the charge is unfair and should not have been issued.

    I think i've got a valid case.
    Maybe.

    You will need to get hold of the traffic order for this restriction and the attendants notes.
    But will deal with this when you scan up.


  5. #5
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    Default Re: Parking Fine

    Before we jump in, please tell us whether this is a private or a council ticket.


  6. #6
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    Default Re: Parking Fine

    Quote Originally Posted by Al27 View Post
    Before we jump in, please tell us whether this is a private or a council ticket.
    True, but it very much sounds like council from the OP.

    1) the "charge" would've been much higher I'm sure for a PPC

    2) a PPC would never send 4 photos of your car when you ask without at least trying to demand 10 quid per pic!


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    Default Re: Parking Fine

    Its a Council ticket, in a local car park- they are unbelievably quick at handing out tickets- one even tried to put one on my car whilst I was getting a ticket from the machine! Waverley Borough Council, Farnham, Surrey.


  8. #8
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    Default Re: Parking Fine

    When you say "non display of a valid parking ticket" you mean you were in a pay & display space with the ticket not clearly displayed?

    If this is the case, then like it or not you were committing an offence and the pcnicon can be enforced legally. (I'm assuming there's no other issue with it - eg the PCN had the correct plate on it and so on.)

    All you can do is appeal to their sense of fair play, but there's no right of cancellation just because you bought a ticket. It's harsh but true - it's pay and display, and the "display" is very much part of the deal.

    If you want to fight it, you can wait for the NTO and make a formal representation. It's unlikely to succeed unless you have something new for them to consider - eg if you didn't send proof of the ticket with your first appeal, and you do now, then that might pursuade them. Or it might not. Merely submitting the same argument again with no new evidence is almost bound to fail.


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    Default Re: Parking Fine

    If this is the case, then like it or not you were committing an offence
    Not an offence, a contravention. Two different things.


  10. #10
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    Default Re: Parking Fine

    Quote Originally Posted by Jamberson View Post
    When you say "non display of a valid parking ticket" you mean you were in a pay & display space with the ticket not clearly displayed?

    If this is the case, then like it or not you were committing an offence and the pcnicon can be enforced legally. (I'm assuming there's no other issue with it - eg the PCN had the correct plate on it and so on.)

    All you can do is appeal to their sense of fair play, but there's no right of cancellation just because you bought a ticket. It's harsh but true - it's pay and display, and the "display" is very much part of the deal.

    If you want to fight it, you can wait for the NTO and make a formal representation. It's unlikely to succeed unless you have something new for them to consider - eg if you didn't send proof of the ticket with your first appeal, and you do now, then that might pursuade them. Or it might not. Merely submitting the same argument again with no new evidence is almost bound to fail.
    It's not a "given" that an appeal will not succeed because "the ticket was not on display". Appeals have been successful on arguments such as "although the ticket was not on the dashboard it was clearly visible on the drivers seat where it fell" or challenging the fact that the council do not provide adhesive P&D tickets to ensure they can be securely attached to the windscreen. etc

    Depending on where you are in the procedure, i.e. can you still take the discount, may influence whether you continue to appeal further to the adjudicator. If you are already faced with the full fine, then you will have nothing to loose by appealing further.



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