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abdles

Appeals won against Glasgow City Council

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Just wanted to share some successes. I have had tickets for my own car on private property, been ticketed and ignored the letters, they stop very soon IF it is on private land. Please do follow the advice on this site and absolutely ignore every letter you receive, there is nothing these private companies can do to enforce the 'illegal' tickets. It has worked for me.

 

My company's delivery van has been targeted by Glasgow City council for parking in a loading bay. We are off loading but they say we are exceeding the time limit. The signage does not have any time limit shown and more importantly the lines are faint and no kerb markings are visible from the pavement. I have appealed 3 tickets to the Parking Adjudicator and won 3 so far. I will now send an invoice to Glasgow City Council for reasonable costs if they issue any more tickets as they know they aren't legally enforcable at this spot and will set a debt collection firm on them if they don't pay!

Edited by abdles
semi illiterate spelling

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This also points up the difference between a council and a PPC. In the latter case the "appeals" process is just a sham and very, very few "appeals" are allowed. At least with a council they seem more reasonable and if you have a good case you will win the appeal.

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I will now send an invoice to Glasgow City Council for reasonable costs if they issue any more tickets as they know they aren't legally enforcable at this spot and will set a debt collection firm on them if they don't pay!

 

I expect you will have about as much luck as the PPCs who send unenforceable invoices followed by debt collectors, lol!!

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You really need to do this via SPAS. Once I get the ticket cancelled, I ask for an expenses hearing which follows a few months later. GCC then have to provide evidence that their pursuit was competent and not vexatious. I'm currently awaiting a claim of £200 odd against them to be decided upon.

 

The way you want to approach it will not succeed, as they will ignore your invoice as incompetent, and when you take it to the Sheriff Court for collection, they will say this matter needs to be dealt with by SPAS as part of the Panking Enforcement rules.

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It was mostly for 'sport' I was sending them invoices because the council knew fine well the lines etc were not legal but forced me to go to appeal. I didn't know it was possible to claim expenses afterwards, they keep that quiet! I will be doing it that way as well, thanks for the tip.

 

The one thing I have learned from this site is not to enter into ANY discussion with the private companies, it is hard for them to threaten someone that doesn't reply to their fake letters.

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It might be sporting, but just confirms their belief that those getting parking tickets are 'marks' to be taken for as much as possible. As for expenses, it is actually in the SPAS appeal form GCC sends you. I was alerted to this when their letter to me had a paragraph outlining that if SPAS thought my appeal was vexatious I'd lose the appeal and be liable for costs. I then realised this was a two-way-street, and if their pursuit of me continued after they were provided with the facts, I was in a similar position. For a ticket issued in mid January, and representations that ran until April, they continued to enforce the PCN. I prepared my appeal to SPAS and a date in August arranged.

 

TWO weeks before the case called, they wrote out of the blue, referring to the Appeal Hearing and stating that they had cancelled the PCN and discontinued their pursuit, adding 'on this occasion'. Since they had the same information at the time of my Representation as they did concerning my appeal, I felt their pursuit WAS vexatious as they wanted to see who would blink first. They did, and I asked for SPAS to award expenses. This takes longer to process because 'normal' cases take priority, but I expect this to come to fruition in the next few weeks.

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That is interesting that they 'blinked first', they made me go the whole way even though they had all the facts. So either they though I would blink or the person employed by the council to do this doesn't know the law. The later I suspect; Public Sector Parasites! They even admitted in their appeal submission that the road markings were not correct but still maintained the tickets were valid! Maybe a complaint to the Council Omnbudsman about wasting resources is required or alternatively, I'll just go get on with my life. One more victory for the little guy.

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Are Glasgow's RTA 1991 wording still all over the shop on their PCNs?

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It sure is, is that wrong? Glasgow City Council, Penalty Charge Notice road Traffic Act 1991 (As amended).

Edited by abdles
Fat fingers, mis spelling.

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Nope it was all compliant since August 2008.

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