can it be challenged?

[BaldyBaldwin]

if you pay a parking ticket and then discover that it was incorrectly issued, can you challenge it at a later date?

[green_and_mean]

No.

[nero12]

No.

 

 

yes you can

 

 

you can claim on these grounds

 

Incorrect or Missing Traffic Orders

Incorrect or Missing Signs

Successful appeals to the adjudicators

 

 

 

Some councils are claiming that by paying a Penalty Charge Notice you 'accepted' the contravention and therefore you are not entitled to a refund. NOT THE CASE.

 

 

post what circumstaces of ticket and I will get back to you.

[green_and_mean]

yes you can

 

 

you can claim on these grounds

 

Incorrect or Missing Traffic Orders

Incorrect or Missing Signs

Successful appeals to the adjudicators

 

 

 

Some councils are claiming that by paying a Penalty Charge Notice you 'accepted' the contravention and therefore you are not entitled to a refund. NOT THE CASE.

 

 

post what circumstaces of ticket and I will get back to you.

 

You cannot challenge a PCN you can only challenge a NTO, it is not until a NTO is issued that the Council has any legal obligation to accept representations. A NTO will NOT be issued once you have paid, therefore the Council is not obliged to listen to anything you say regarding the paid PCN.

[nero12]

You cannot challenge a PCN you can only challenge a NTO, it is not until a NTO is issued that the Council has any legal obligation to accept representations. A NTO will NOT be issued once you have paid, therefore the Council is not obliged to listen to anything you say regarding the paid PCN.[/quote

 

This info is outdated.

 

Sorry G&M im not here to put you down im here to inform

 

 

There are some cases going on and a new legal opinion will be freely available soon, regarding pcn's just watch out for it.

 

For now BaldyBaldwin go for the reclaim on your ' illegaly isuued parking ticket'

you have nothing to loose.

 

 

post if you need help.

[green_and_mean]

You cannot challenge a PCN you can only challenge a NTO, it is not until a NTO is issued that the Council has any legal obligation to accept representations. A NTO will NOT be issued once you have paid, therefore the Council is not obliged to listen to anything you say regarding the paid PCN.[/quote

 

This info is outdated.

 

Sorry G&M im not here to put you down im here to inform

 

 

There are some cases going on and a new legal opinion will be freely available soon, regarding pcn's just watch out for it.

 

For now BaldyBaldwin go for the reclaim on your ' illegaly isuued parking ticket'

you have nothing to loose.

 

 

post if you need help.

 

Legal opinion has nothing to do with it, the law (RTA 1991) is quite clear representations can ONLY be made to a NTO unless of course you can show me otherwise? You can try and sue the Council for the money you paid but you cannot challenge a paid PCN.

[nero12]

 

Legal opinion has nothing to do with it, the law (RTA 1991) is quite clear representations can ONLY be made to a NTO unless of course you can show me otherwise? You can try and sue the Council for the money you paid but you cannot challenge a paid PCN.

 

 

yes it has and it will be made public in due course which will change this, like I say BaldyBaldwin

 

you have nothing to lose regardless of the debate here

[green_and_mean]

 

 

yes it has and it will be made public in due course which will change this, like I say BaldyBaldwin

 

you have nothing to lose regardless of the debate here

 

 

Why is it not public now surely its not secret if its going thru the Courts!? Why won't you explain the legislation that allows a representation without a NTO and after payment has been made? You must know more than NPAS, PATAS and the Dept of Transport put together!

[nero12]

 

 

Why is it not public now surely its not secret if its going thru the Courts!? Why won't you explain the legislation that allows a representation without a NTO and after payment has been made? You must know more than NPAS, PATAS and the Dept of Transport put together!

 

there is a process going on at the moment that will establish that you can reclaim on an incorrectly issued pcn.

 

Now I repeat Im not here to put anyone down, G&M you are on a big forum and probably respected by all , 170000 members cant be wrong

 

However ive done my homework and i know this is happeneing.

 

F### me do you think ive made it up, come on, show a little restraint on this.

[green_and_mean]

Ill put my doubt to one side for a moment then, so can you please explain the process for myself and BaldyBaldwin. There seems little point in advising people to do something and not explain how?

[nero12]

Ill put my doubt to one side for a moment then, so can you please explain the process for myself and BaldyBaldwin. There seems little point in advising people to do something and not explain how?

 

if you dont have the ticket, under the data protection act, ask for a copy of your ticket (before you say it green, yes they do keep copies)

 

If the ticket is non compliant with the dates , MOSES V BARNET (Judge Jackson stated that 'no financial liability arises from a non-compliant PCN.' ) you can claim on a pcn

 

or on the grounds of the following

 

 

Incorrect or Missing Traffic Orders

 

Incorrect or Missing Signs

 

Successful appeals to the adjudicators

 

and there are plenty of them

 

 

Make a reqest in writing and claim a refund. The main thing is if the PCN was non compliant for whatever reason you can claim.

 

do it in writing use the data protection act, and the freedom of information act to obtain traffic orders etc.

[green_and_mean]

if you dont have the ticket, under the data protection act, ask for a copy of your ticket (before you say it green, yes they do keep copies)

 

If the ticket is non compliant with the dates , MOSES V BARNET (Judge Jackson stated that 'no financial liability arises from a non-compliant PCN.' ) you can claim on a pcn

 

or on the grounds of the following

 

 

Incorrect or Missing Traffic Orders

 

Incorrect or Missing Signs

 

Successful appeals to the adjudicators

 

and there are plenty of them

 

 

Make a reqest in writing and claim a refund. The main thing is if the PCN was non compliant for whatever reason you can claim.

 

do it in writing use the data protection act, and the freedom of information act to obtain traffic orders etc.

 

And expect a cheque by return post no doubt!

[nero12]

And expect a cheque by return post no doubt!

 

 

havnt read all this post http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/5232-your-parking-ticket-may.html

 

 

but hey im just making this up arnt I

 

 

by the way if they dont payup send a L.B.A and take em to small claims court!!!

[green_and_mean]

You are confusing two different matters the OP wanted to challenge a paid PCN which you cannot do, you are confusing this with claims for restitution for PCNs with one date which are dealt with by suing the Council thru the County Court (which if you read MY post I mentioned a while back ). The whole point of decriminalising parking was to remove the process from the Courts, which is why the staute is worded the way it is. The PCNs that some are trying to get back thru restitution have already been ruled invalid, so no challenge is needed. To challenge a PCN for lack of signage etc would need the Courts to rule on the contravention itself which they have no legal juristriction over.

[nero12]

You are confusing two different matters the OP wanted to challenge a paid PCN which you cannot do, you are confusing this with claims for restitution for PCNs with one date which are dealt with by suing the Council thru the County Court (which if you read MY post I mentioned a while back ). The whole point of decriminalising parking was to remove the process from the Courts, which is why the staute is worded the way it is. The PCNs that some are trying to get back thru restitution have already been ruled invalid, so no challenge is needed. To challenge a PCN for lack of signage etc would need the Courts to rule on the contravention itself which they have no legal juristriction over.

 

 

not confused, like I said earlier a legal opinion was commissioned that you could reclaim on paid pcn's other than restitution, and a high court action is ongoing I believe by neil herron and his legal team to establish a presidence on this. It is NEW info so stop hijaking.

[nero12]

You are confusing two different matters the OP wanted to challenge a paid PCN which you cannot do, you are confusing this with claims for restitution for PCNs with one date which are dealt with by suing the Council thru the County Court (which if you read MY post I mentioned a while back ). The whole point of decriminalising parking was to remove the process from the Courts, which is why the staute is worded the way it is. The PCNs that some are trying to get back thru restitution have already been ruled invalid, so no challenge is needed. To challenge a PCN for lack of signage etc would need the Courts to rule on the contravention itself which they have no legal juristriction over.

 

not confused, like I said earlier a legal opinion was commissioned that you could reclaim on paid pcn's other than restitution, and a high court action is ongoing I believe by neil herron and his legal team to establish a presidence on this. It is NEW info so stop hijaking.

 

 

and the reason that I have posted this is because some councils have been taken to the small claims cours AND have settled. Most authorities KNOW of this and are paying to keep quiet. Firstly consider the fact that P.A'S are poorly trained and poorly paid and the fact that many thousand fraudulant, or incorrect tickets have been issued, this could add up to millions of pounds for a local authority something they possibly cannot afford to pay.

SO if you have had a pcn in the last 6 years and you now know it was wrongly issued , write to the issuing authority state your case and ask for a refund. they will most probably pay to shut you up.

[green_and_mean]

not confused, like I said earlier a legal opinion was commissioned that you could reclaim on paid pcn's other than restitution, and a high court action is ongoing I believe by neil herron and his legal team to establish a presidence on this. It is NEW info so stop hijaking.

 

 

Can't wait to see the details, who is going to deal with these appeals since they are outside the juristriction of NPAS/PTAS or do you simply have to go to the High court each time?

[BaldyBaldwin]

thanks for the help nero, sorry about the belated reply, but have been busy working away.

i should have put more meat on my original post, but the story goes like this.. my son pulled into a loading bay, read the extensive and complecated signage decieded he could he could not stay there so drove away, was there 24 seconds ,as proved by the cctv pictures they have sent him. he went back to uni, forgot about the pcn, it has now gone legal and will cost me 155 pounds, which i paid as we were out of time to appeal.

have subscribed to the website run by Neil Herron Parking Appeals ... helping motorists to successfully appeal their parking tickets ... and get refunds for the ones already paid apparently you cant appeal the ticket but you can persue the local authority for a refund if you can prove the contrevention did not take place.

[green_and_mean]

thanks for the help nero, sorry about the belated reply, but have been busy working away.

i should have put more meat on my original post, but the story goes like this.. my son pulled into a loading bay, read the extensive and complecated signage decieded he could he could not stay there so drove away, was there 24 seconds ,as proved by the cctv pictures they have sent him. he went back to uni, forgot about the pcn, it has now gone legal and will cost me 155 pounds, which i paid as we were out of time to appeal.

have subscribed to the website run by Neil Herron Parking Appeals ... helping motorists to successfully appeal their parking tickets ... and get refunds for the ones already paid apparently you cant appeal the ticket but you can persue the local authority for a refund if you can prove the contrevention did not take place.

 

 

Prove to who? The only course of action is to go to adjudication as I've stated before but they cannot deal with paid tickets.

[BaldyBaldwin]

according to neil herron that is not the case, i had a long phone conversation with them today and apparently you can persue them(the local authority)i am looking into it further and will keep you updated

[nero12]

Prove to who? The only course of action is to go to adjudication as I've stated before but they cannot deal with paid tickets.

 

 

 

Green like I said before stop hijacking this one, neil herron and his legal team have challenged ,this legal team commissioned an opinion that states you 'can' challenge a wrongly issued pcn when paid through the small claims court, I have spoken to him personally on this and certain authorities have paid up.

He is going to take a number of cases to be heard in the high court to set a precedent.

 

If you are still unsure or are not convinced, speak to the bloke he will put you right.

 

so pleeeeease pipe down on this one, stop encouraging people 'not to challenge'

[HSBCrusher]

this legal team commissioned an opinion that states you 'can' challenge a wrongly issued pcn when paid through the small claims court, I have spoken to him personally on this and certain authorities have paid up.

some details of these wins would help in this argument...

[nero12]

some details of these wins would help in this argument...

 

 

 

hello HSB CRUSHER

 

blimey, G and M and the mods,

 

Sadly I am but a layman also I do not have access to court details of successful reclaims however....

 

if I gave you his buisness number and email address, talk to or email neil herron, find out for yourself.(these are public by the way) Im sure he will be more than happy to help and explain the situation, he may give you successful examples which you may be able to make public.

 

Then, when and if you have been convinced, encourage people to challenge . After all this is what this forum is all about.................. isn't it?

 

Best wishes.

[BaldyBaldwin]

well said niro, if the work of neil herron and his team is succesful it will do to local authorities what CAG has done to banks, and as such, should be encouraged and supported

[nero12]

well said niro, if the work of neil herron and his team is succesful it will do to local authorities what CAG has done to banks, and as such, should be encouraged and supported

 

 

Maybe if the mods jump aboard there could be a sticky here!!!

 

and a nod to neil herron, a decent bloke if ever I met one.