Parking Ticket after losing keys

[andreaarty]

Hello everyone,

 

a while ago I was parked in a 30 min waiting bay as I just needed a quick shop. During my shop however I lost my keys, went back to my car left a note on my screen explaining and continued searching. I found my keys but ws 10 mins late returning to my car, as a result the council gave me a parking ticket.

!

 

I am told :

 

While you state you have decided to write to the Local Government Ombudsman, he is unlikely to review the case as the opportunity exists for motorists to take their appeal to the Traffic Penalty Tribunal. This is an independent body that adjudicates where the motorist feels the Council has not dealt properly with their case.

An appeal is made against a Council's decision to reject an appellant's challenge (formal representations) against the penalty. To reach this stage, a Notice to Owner has to be issued to the person the Council believes to be the owner/registered keeper of the vehicle and this information is obtained from DVLA. On receipt of the Notice to Owner the owner/registered keeper of the vehicle can make representations against the issue of the Penalty Charge Notice. If those representations are not accepted, a Notice of Rejection is issued and it is only at this point that an appeal can be made to the Traffic Penalty Tribunal.

 

The adjudicator bases their decision on the submissions of both parties and look at whether the Penalty Charge Notice was correctly issued and the Council has followed due process. We have neither the ability nor the discretion to progress to that stage without going through the above process. I also have to advise that if an appeal is made, and it fails, the full charge is payable as the Notice to Owner can only be issued after the discount period has expired and not less than 28 days after the offence occurred. The opportunity to pay at the discounted rate is no longer available.

 

Any advise as to the best thing to do? Thanks!

[wheelergeezer]

In my opinion your car was effectively immobilized against your wishes, similar to a broken down vehicle, as you had no access to the car to move it. The fact you put a note on the windscreen shows some effort on your part to notify any parking attendants of the situation.

 

However, people do this all the time. Delivering to Number 3, working in flat, broken down, taken ill notes etc etc. I believe PA's are instructed to issue ticket in any event unless it is obvious a breakdown has occured, ie presence of a tow truck - AA/RAC etc. Just a bonnet open doesn't wash.

 

So, hopefully you went back to the shop and asked if anyone had seen your keys? If so, will they put in writing that they recall you doing that? If you just went back and looked yourself, I would think it highly unlikely that you will have a defense. You had the option of calling AA or even Police etc who would have logged the call. The fact that you subsequently found your keys and cancelled the AA or informed the police would still be logged and that would have been a good evidence of the facts.

 

As I said, that is just my opinion. I am sure someone more in the know will guide you better.

[Al27]

Need more details about how you lost them.

[andreaarty]

Hi

 

I left my keys in a shopping basket in Tesco. I retraced my footsteps and eventually got to the baskets at the check out and there they were! Other than that I had popped into a shop where my sister works to see if I had left them there. The only person I spoke to about it was my sister and that would look suspicious if my sister writes to them.

 

I cant believe all this fuss over 10 mins!

[jackieandwayne]

I know its a bit late now, but last year my car just died on me = I parked it on the seafront and paid for the hour, when I came back it just wouldn't start. The parking is steep in this little town, and the traffic wardens haven't anything else to do but watch for you.

 

So, I rang the Town Council, explained what had happened, where I was, and told them I'd have to come back with a tow truck. This was at about 10am, I couldn't get back to the car until that evening - and they were absolutely fine, no ticket was issued! So, if this ever happens again, to anyone, just try giving the local authority a quick call.

 

Mind you, I stress, this was in a seaside town, the middle of London is probably a little bit more risky to break down in!

[wheelergeezer]

Yep. Mmmmm.

 

I had a shop a couple of years back, well the wife did. Outside on the main road was a loading bay (basically a small layby big enough for 2 car size). One of the shops was owned by a known local thug who parked in this loading bay all day everyday and never got a ticket, when any PA tried to write a ticket he would rush out a threaten them and I DO mean threaten. He did run one down years back so was well known. So, they left him alone for their own health. Completely wrong, but that is what they did.

 

Anyway, I arrived one afternoon with a midi van full of stuff for the wifes shop. There is only a bus stop where you could stop other than the loading bay, which is obviously no good. So, I pulled up in the bus stop. got on my mobile and rang the parking services. I spoke with a supervisor and explained the situation and asked if it was possible to send someone down to just ask him politely to move. I did warn them, but they know who I meant. After about 5 minutes I saw two parking attendants walking brsikly up the road. Oh good I thought. The walked straight passed his car and stood in front of my van and proceeded to write down details of my van. I got out and asked (politely) if they had been sent down by their supervisor, to which they replied yes. I asked if they could get the car moved so I could get into the loading bay and start unloading. I was told I was parked in a bus stop and if I didn't move immediately I would be ticketed. I said, ok. I will go around the block. Which I did. As soon as I moved they just walked off.

 

I caught up with them further down the road and asked why they had ignored the car. I was completely ignored. I do mean, deliberitely blanked. I ended up taking the whole load home and getting back at 7am to actually get access.

 

Now, about 6 weeks later I got an 'unpaid parking ticket' notice. That was interesteing. They claim to have personally handed me a ticket 3 days after this incident. On the day in question my van was in Glasgow 300 miles away. I appealled and it was cancelled, but with the usual 'don't do it again' attitude.

 

So. My long point is, sometimes councils help. Others they certainly don't.

 

We closed the shop 2 months later primarily due to teh continual problems of getting access.

[jackieandwayne]

Oh goodness, I'd have boiled his head in oil! And probably got a broken nose for it!

 

In the little town where I had my car break down, if someone was even rude to the traffic warden, they'd be put in the stocks probably! They still have them ready and waiting on the green although sadly they only use them for charity now!

 

The local beat officers get ever so excited about things like this - it makes such a change from stolen sheep and anti social surfers and cyclists! One incident like yours with your neighbour and the paddy wagon would be coming up the road full speed, fully loaded with coppers (all 4 of them mind!) and the person would be cuffed, carted off, processed, kicked out, and publicly villified by tea time! AND it WOULD get a line or two in the local!

[andreaarty]

...... Is there anything I can do...... :?

[Al27]

Normally, there are cases for cancellation for circumstances beyond the driver's control e.g. a breakdown. This wouldn't apply to things like running out of oil or petrol, because that would be the driver's fault.

 

Whether losing your keys is your 'fault' is up in the air.

 

Best option would probably write a polite letter and plead with them to use their discretion.

 

In the meantime, can we see the PCN? There might be legal errors on it.

[andreaarty]

Hello, I did write a letter to them but Miss jobsworth replied by suggesting I go to the Traffic Penalty Tribunal. This is a lengthy process and I am still not sure how this works but apparently my fine will go up by this time and I may be forced to pay more! Surely this is not a fair way of dealing with my dispute?