parking ticket: council meeting started late!

[kronas]

hello all have a friend in need! he has received a parking ticket for going over the hour but this was for a council hearing and the fact that the meeting was delayed due in the interests of the public, so is there anything that can be done ?

[letshelp]

Need to know if it was a council/police ticket or issued by a ppc.

regards

[Jamberson]

If issued by a private company, it can be ignored.

 

If issued by (or on behalf of) the council, a polite letter of appeal explaining the mitigating circumstances. There doesn't seem to be a dispute over the contravention itself, so it will be a discretionary case where they may show leniency.

[comebackjimmy]

Assuming there were some council officers at the meeting approach one or more of them and ask them if they will intervene. Do it in writing so the officer can add a note agreeing with your letter which he can forward internally.

 

good luck

[green_and_mean]

Assuming there were some council officers at the meeting approach one or more of them and ask them if they will intervene. Do it in writing so the officer can add a note agreeing with your letter which he can forward internally.

 

good luck

 

11.21 Elected members may wish to review their parking representations

policies, particularly in the area of discretion, to ensure consistency

with published policies. However, elected members and unauthorised

staff should not, under any circumstances, play a part in deciding the

outcome of individual challenges or representations. This is to ensure

that only fully trained staff make decisions on the facts presented.

The authority’s standing orders should be specific as to which officers

have the authority to cancel PCNs. There should also be a clear

audit trail of decisions taken with reasons for those decisions.

 

http://www.dft.gov.uk/adobepdf/165240/244921/287508/468279/parkingenforcepolicy.pdf

[kronas]

Need to know if it was a council/police ticket or issued by a ppc.

regards

 

ticket is from council my friend is not a council member have written a letter and sent it to the parking office and explained the whole situation all up to them now thanks to everybody!

[Al27]

However, elected members and unauthorised

staff should not, under any circumstances, play a part in deciding the

outcome of individual challenges or representations.

 

Giving a factual statement of account wouldn't be contravening this.

[green_and_mean]

Giving a factual statement of account wouldn't be contravening this.

 

What difference would it make, Council meeting, chess club or bird watching society the type of meeting or it participents shouldn't make a difference.

[comebackjimmy]

Hi all

 

Let me clarify my view.

 

Kronas could write a letter to the parking department explaining why he was late getting back to his car. He could send a copy to whoever it was in the council that was chairing the meeting with an additional note asking the recipient to corroborate the story.

 

The parking department would then know the story was true. Whether or not they decided to relieve Kronas of the fine would be up to them but they would know it was true.

 

Green and means post (no 5) is, I am sure technically true, but let us not underestimate the unofficial channels that exist within councils that can sometimes help, not withstanding the guidelines. People can be friendly in the canteen or around the water cooler, or attend some of the same functions etc.

 

It could do no harm as Kronas is only asking for coroboration of his story.

Edited January 24, 2010 by comebackjimmy
spelling

[green_and_mean]

Hi all

 

Let me clarify my view.

 

Kronas could write a letter to the parking department explaining why he was late getting back to his car. He could send a copy to whoever it was in the council that was chairing the meeting with an additional note asking the recipient to corroborate the story.

 

The parking department would then know the story was true. Whether or not they decided to relieve Kronas of the fine would be up to them but they would know it was true.

 

Green and means post (no 5) is, I am sure technically true, but let us not underestimate the unofficial channels that exist within councils that can sometimes help, not withstanding the guidelines. People can be friendly in the canteen or around the water cooler, or attend some of the same functions etc.

 

It could do no harm as Kronas is only asking for coroboration of his story.

 

My point is it should not make a difference if its a Council meeting or a meeting for the Ku Klux Klan everyone should be treated the same as far as the parking ticket is concerned. From experience anyone in my LA that tries to 'name drop' to get a PCN cancelled is given a friendly warning along the lines of 'butt out or face the consequences'. Even tickets issued to senior parking staff are closely monitored to ensure no favours are given.

[lamma]

councils have statutory (and common law) duties and Codes. of course it makes a difference. people should remember that the parking legislation (TMA etc) binds the councils not the drivers. Councils often ignore this.

[TheBogsDollocks]

The way around this is that Council employees or Councillors will and do argue that they are not "playing a part in deciding the outcome" but simply lobbying on a persons behalf.

 

To be fair there is nothing against lobbying on a persons behalf (after all this is what Councillors and MP's frequently do and should do). The DfT guidance seems to prohibit any unauthorised person being part of the decision making and the difficulty lies in determining when lobbying transgresses and becomes decision making.

[green_and_mean]

The way around this is that Council employees or Councillors will and do argue that they are not "playing a part in deciding the outcome" but simply lobbying on a persons behalf.

 

To be fair there is nothing against lobbying on a persons behalf (after all this is what Councillors and MP's frequently do and should do). The DfT guidance seems to prohibit any unauthorised person being part of the decision making and the difficulty lies in determining when lobbying transgresses and becomes decision making.

 

It is quite clear lobbying on behalf of anyone by a Council member over the issue of a PCN is against the guidelines, there would be no point in lobbying if you didn't think it would have an impact on the decision making. The only imput an elected Councillor can have is over policy in general.

[Al27]

My point is it should not make a difference if its a Council meeting or a meeting for the Ku Klux Klan everyone should be treated the same as far as the parking ticket is concerned. From experience anyone in my LA that tries to 'name drop' to get a PCN cancelled is given a friendly warning along the lines of 'butt out or face the consequences'. Even tickets issued to senior parking staff are closely monitored to ensure no favours are given.

 

No, you're right. But enclosing a statement from the chess club captain / KKK boss or councillor at the meeting would be a reasonable thing to do.

 

Now whether the guy at the council allows the appeal following reading the statement is up to him. He has the power of discretion and is able to use it as he sees fit, either contravening the guidelines or not.

 

Proving either way is impossible.

 

It is quite clear lobbying on behalf of anyone by a Council member over the issue of a PCN is against the guidelines

 

How would you define 'lobbying' though? An impartial and objective statement of fact wouldn't be lobbying in my opinion. Stating "I hope you see fit to cancel the fine following this information" might be.

 

But not using discretion and upholding the fine JUST BECAUSE you're being lobbied is no different from allowing the appeal because you're mates with council employee who's made the statement.

 

At the end of the day, the guy making the decisions can't decide what comes his way in the post. And you've just got to trust him to follow the rules correctly.

[TheBogsDollocks]

It is quite clear lobbying on behalf of anyone by a Council member over the issue of a PCN is against the guidelines, there would be no point in lobbying if you didn't think it would have an impact on the decision making. The only imput an elected Councillor can have is over policy in general.

 

I don't agree. I don't think lobbying (or giving support) is the same as "playing a part in the deciding of outcomes".

 

If a person was issued a PCN in a parking bay that was poorly signed and lined, I think it quite acceptable that the person should be able to ask their local councillor to approach the council to argue that the signs and lines are poor and that under the circumstances the PCN should not have been issued and ought to be cancelled.

 

It would not be appropriate for the councillor to be actually involved in the decision making (in other words saying yes or no to any appeal).

 

It would be foolish to think that unauthorised people don't play a part in the decision making. There is no way of regulating such a thing and in my experience it does go on.

[comebackjimmy]

I agree with Thebogsdollocks point:

 

"It would be foolish to think that unauthorised people don't play a part in the decision making. There is no way of regulating such a thing and in my experience it does go on".

 

This forum is awash with examples of all sorts of organizations clearly flouting rules.

 

In this case I have not advocated any rule flouting, I have merely suggested asking whoever held the council meeting to state that kronas was telling the truth. The parking officials still have to take their decisions but if their is a chance the water cooler effect works in favour of kronas then perhaps he should take it.