I received a penalty notice as my parking ticket was in the foot well when I returned to my car.
Here's the notice & ticket:
I then challenged the ticket following an example letter used successfully here
(http://www.consumeractiongroup.co.uk/forum/showthread.php?389602-Have-a-local-authority-parking-ticket). This was my challenge description:
"I would like to appeal the penalty charge served upon me.
Enclosed is a copy of the Pay & Display ticket that I purchased and displayed for inspection. It can clearly be seen that I paid the appropriate fee and that the ticket was valid when the officer inspected my vehicle. Unfortunately, at some point during my absence from the vehicle, the ticket somehow became dislodged from where it had been clearly displayed and fell into the foot well. I accept that your officer could not have known this and acted accordingly.
However, now that the ticket has been presented for inspection it is clear that I did not avoid payment of the parking fee or that I had parked beyond time paid for. The only purpose a ticket needs to be displayed is to enable an officer to distinguish between those that have paid for parking and those that have not and those who have exceeded the time paid for. The ticket produced clearly shows that had your officer seen my ticket at the time of inspection that there would be no need to serve a penalty charge notice.
The only remaining issue is whether the fact that the ticket was not clearly displayed at the time of inspection warrants the council taking a hard line and upholding the penalty charge. I believe that for the council to take such a stance would be contrary to the advice of the DfT and the Secretary of State.
As a valid ticket has been presented for inspection it is clear to any reasonable person that it would not be in the public interest to penalise a person who paid the required fee and did nothing to the detriment of the public interest. I cannot think of a more appropriate situation where paragraph 85 applies than this. I therefore politely request that the council act fairly and proportionately in this matter and exercise their discretion sensibly and reasonably by cancelling this penalty charge. It would be best for all if we can resolve this without the need to seek independent adjudication."
I have now received the following response from Hackney:
Does anyone have any advice on whether this is worth pursuing - I wouldn't be able to take any time off work, so if that was going to be a requirement for challenging this further, it's not really an option for me. That said, I do feel like this is really unfair and am keen to pursue on principle.
Appreciate any help!