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:
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  1. #1
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    Unhappy Help needed with a ticket, two possible illegalities

    Hi All,

    Ok, basically I was pretty silly tonight. I work in a nightclub 11-4 and quite wrongly assumed that there would be no-one around to ticket my car.

    I parked in what is normally a pay&display bay that has had temporary "no loading" status put on it (i guess) due to some roadworks going on around it. This was acheived by tying "no loading" signs over the normal restriction signs.

    I was ticketed at 11.32pm after my car was first seen at 11.31pm. I returned to my car at 4.15am after finishing work.

    Now there are two possible avenues I could go down in getting this b@stardly thing overturned but I am not enough in the know to be certain. So some advice from wiser minds would be really appreciated!

    1. The ticket has been misprinted, i beleive it should read
    "Sig of p attendant................ ....
    beginning with the date of issue
    a charge of £60 is now payable within 28 days"

    however the ticket has been printed such that "the date of issue" & "a charge of £60" are printed over one-another and are basically unreadable.

    There is also another line below this, presumably referring to a reduced amount if paid within 14days but that is totally un-readable!


    2. The ticket was not attached to the car when I returned to it at 4.15. As the place is frequented by drunk student-types this does not surprise me but hey, if it helps it helps! Fortunately for me this was witnessed by a friend who I was giving a lift to. It was lying on the pavement several yards away from the car.

    It was only because I saw other ticketed cars that I even looked twice at it.
    The area is controlled by nottingham city council (in case that makes a difference!).


    To be honest i feel that 2 is a stronger avenue than 1. But am i just clutching at straws here?


    Any help will no doubt receive my eternal gratitude and ratings!

    Jimmy

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  2. #2
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    Default Re: Help needed with a ticket, two possible illegalities

    What traffic wardens work at 11:30!!!!

    My personal thought? Both of them are clutching at straws, and doubt either will succeed in a legal challenge. And, to be fair, you were kinda caught fair and square - I would just pay up. Not saying I don't understand why you would want out though!!

    BUT, I do not really have any kind of legal experience in this area and I could be wrong!

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  3. #3
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    Default Re: Help needed with a ticket, two possible illegalities

    Hah, yes you are only right i suppose, i think i will query the ticket (still leaving myself open to pay the reduced rate) and then probs jus pay up if nothing comes of it.

    We shall see though!

    An interesting point came to me as well though, there were no yellow lines painted in the newly concocted "no loading" area, only signs. Is this allowed?? I know normally there have to be yellow tabs on the kerb to denote no loading. (ok, just indulge my last straw!)

    Do we have a yellow line expert in the house?

    Jimmy


  4. #4
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    Default Re: Help needed with a ticket, two possible illegalities

    Hi Jimmy,

    I'm not sure but you could argue the fact that the temporary "No loading" sign means exactly that. You wasnt loading or unloading at the time you was parked in a parking bay, as for the normal restrictions, these were not visible to anyone due to the "temporary" signs being placed in such a manner that no reasonable person would be able to see the original restrictions. I believe they have to be placed in such a manner that anyone parking there would be able to read them and conform to them accordingly.
    Just a thought so dont quote me on it ;-)

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