Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 7 of 7
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    iwgunter Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Harlow, Essex
    Posts
    118

    Default Pay & Display Car Park Ticket/Fine

    I went to do a spot of fishing the other day and parked up at the station car park then walked through and did the fishing.

    On returning to the car I found a Fixed Penalty Notice issued by NCP on my windscreen.



    I couldn't see any signs for the Pay & Display car park or machine. I finally found the sign behind a wheelie bin.



    Do you think I'd have a leg to stand on regarding the sign being obscured? I never bought a ticket as I didn't realise that it was a Pay & Display car park!

    Ian

    Similar Threads:
    Capital One - Charges
    PAID OUT IN FULL WITH 8% INT

    HSBC - Charges
    PAID OUT IN FULL WITH 8% INT

    Unfair Dismissal
    PAID OUT FULL COMPENSATION

    NCP PAD Parking 'Fine'
    FULLY CANCELLED

  2. #2
    Gold Account Holder
    Help the CAG!!
    Download our toolbar
    lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative lookinforinfo Authoritative

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    3,198

    Default Re: Pay & Display Car Park Ticket/Fine

    Those are grounds in your defence yes.
    Against that- would you expect free parking at a railway station?
    Did you not notice other cars with their tickets showing on their windscrens?

    You have a leg to stand on, but doubtful about both legs.


  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    BotB Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    191

    Default Re: Pay & Display Car Park Ticket/Fine

    Against that- would you expect free parking at a railway station?
    Parking is free for train users at my local station. No doubt that will change in time though.


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    amandafairman Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2006
    Posts
    8

    Default Re: Pay & Display Car Park Ticket/Fine

    As an ex Traffic Warden, I would argue the fact that there is no postcode on the pcnicon


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    amandafairman Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Sep 2006
    Posts
    8

    Default Re: Pay & Display Car Park Ticket/Fine

    Also, from what I remember, you used to be given 5 minutes to actually go and get the ticket from the machine as the machine is not in front of you. Therefore, the earliest the |pcnicon should have been issued is 09.20 after the 5 minutes observation, I wouls also strongly use the photo as the machine and sign is not clearly displayed, take this to an adjudication service, most people win when going all the way. Good luck


  6. #6
    dad dad is offline
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    dad Informative dad Informative dad Informative dad Informative dad Informative

    Follow Real_CAG on Twitter

    Cagger since
    May 2006
    Posts
    306

    Default Re: Pay & Display Car Park Ticket/Fine

    1. As a station carpark is a railway and not a road I think you still have to be convicted by a court before you can be fined - been to court? Nope didn't think so!

    2. Railway byelaw 24(4) says:

    Notices
    No person shall be subject to any penalty for breach of any of the Byelaws by disobeying a notice unless it is proved to the satisfaction of the Court before whom the complaint is laid that the notice referred to in the particular Byelaw was displayed.



  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    iwgunter Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jun 2006
    I am in
    Harlow, Essex
    Posts
    118

    Default Re: Pay & Display Car Park Ticket/Fine

    Cheers, I wrote them the following letter...
    Dear Sirs

    My car was parked at Roydon Station on the 19th September 2006 unaware that it is a Pay & Display car park.

    When the driver returned to my car a parking ticketicon was found on my windscreen.

    I am disputing this ticket for the following reasons.

    1. The only sign post the driver could see, and that the station master knew about, was obscured by wheelie bins preventing users of the car park to see the terms and conditionsicon of use – please see attached photo.

    2. The time my car was first seen was at 9:13am and the time the ticket was issued was at 9:17am giving a time difference of 4 minutes and not the 5 minutes you are given to get a ticket from the machine.

    3. The parking ticket was issued in a pouch reading “Fixed Penalty Notice” which is a specific legal term that must only be used for tickets involving criminal parking offences. This does not cover this parking contravention as described under The Administration of Justice Act 1970.

    I will be informing the police of this blatant flouting of the law by your company unless my ticket is cancelled forthwith.



    Yours faithfully
    I sent it before dad said about the byelaw. I'll save that for their reply I also liked the message I saw on here at http://www.consumeractiongroup.co.uk...e-70-euro.html where brechinier writes
    I will accept two free letters but any third letter received; would trigger the acceptance of the fact that they would have to pay me an adminicon fee of £50 per letter, but the third letter would also be a free letter unless I received a fourth letter related to this matter. In which case I would have to charge for ALL four letters. I would invoice them and request payment within 7 days otherwise court action would follow on the 8th day. The terms are fair under the Unfair terms Act 1999 as this is for my time and expenses. Any fifth letter would trigger a harassment action under the 1997 Protection from Harassment Act, which I would be entitled to claim £5,000 in damages for mental anguish.




Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE