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upside-down ticket clamped windsor


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I was clamped because my ticket got turned over by the wind (which was still displayed on the dashboard, when I was clamped). Even showing the clampers the ticket they still demanded the payment of 180, before they released me.

 

I wrote a very short letter to the Parking Control Management , requesting my payment back, they replyed with a letter saying.

 

"It is neccessary that the ticket be displayed so that the details are visable to the operatives. On this occasion the ticket was upside-down; therefor the operatives were unable to cheek if the ticket was valid. The conditions for parking state that when a driver parks there, they agree to pay a fee and to display the proof that payment has been made - The Ticket. Unfortunatley, you failed to abide be these conditions when the ticket was incorrectly displayed and the validity of the ticket could no be ascertained; therefore, your vehicle was liable to be immobilised."

 

What else can I do to have my monies returned to me, as I paid the fee for parking, and a valid ticket was displayed evern if upside-down.

 

Is the number serial number on the ticket just sequencial or time related?

 

Any Advise appriciated

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Numbers are sequential. Even so, I doubt there's any dispute over whether you held a valid ticket - the issue is that it was not displayed correctly. You have already shown that you had a valid ticket, so the meaning of the serial number is of no consequence.

 

I used to work in the system and I can't tell you how many times I came across the claim that tickets were turned over or blown onto the floor by the wind - or a gust caused by the closing of the car door (as if!). It just won't convince anyone, and that is a weakness in your appeal. As to where you go from here, I don't know. Technicality on the PCN maybe?

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The ticket was not correctly displayed so you got clamped and then paid, they are not going to give you your money back. The only option is to sue them which would require some basis such as lack of signage. Writting asking for mitigation to be considered is just the waste of a stamp.

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The only option is to sue them which would require some basis such as lack of signage. Writting asking for mitigation to be considered is just the waste of a stamp.

 

I'd go for suing them and the landowner for lack of consent to clamping and lack of trespass.

 

You weren't trespassing because you had paid for the service of parking, and you did not consent to being clamped in my view because you did not purposely place your receipt upside down.

 

Have a look at Vine vs Walham Forest.

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Can we assume that neither did you as nowhere did the OP mention it was private or council land? If yu cna highlight that to me I will offer an apology. There is a mention of the cowboy company but sometimes they are contracted to the council so we do not know if it is a Parking or Penalty Charge Notice.

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Can we assume that neither did you as nowhere did the OP mention it was private or council land? If yu cna highlight that to me I will offer an apology. There is a mention of the cowboy company but sometimes they are contracted to the council so we do not know if it is a Parking or Penalty Charge Notice.

 

I did read the thread fully and as the OP clearly states he received neither an invoice or a PCN he was clamped. If he was clamped by the Council you should be fully aware that you cannot pay to have the clamp removed whilst still in the car park so that rules out the possibility of it being a PCN doesn't it?

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I'd go for suing them and the landowner for lack of consent to clamping and lack of trespass.

 

You weren't trespassing because you had paid for the service of parking, and you did not consent to being clamped in my view because you did not purposely place your receipt upside down.

 

Have a look at Vine vs Walham Forest.

 

To play devil's advocate, I would argue that whether or not the ticket was left upside down is neither here nor there.

 

Unless the terms and conditions of parking state that some form of intent is required (which I doubt they do), the fact that the ticket was left upside down by some sort of accident is not relevant. The fact is that the ticket was upside down, this contravened the T&Cs and as a result it could be easily argued that the OP was therefore trespassing.

 

Should the OP take the matter to County Court, that is what I can see the other side arguing.

 

On a more helpful note, should the OP wish to view the case which Al27 referred to, Look for Vine v Waltham Forest :)

Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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Unless the terms and conditions of parking state that some form of intent is required (which I doubt they do), the fact that the ticket was left upside down by some sort of accident is not relevant. The fact is that the ticket was upside down, this contravened the T&Cs and as a result it could be easily argued that the OP was therefore trespassing.

 

I disagree. Was the OP trespassing? No - he had written permission to park, which was the result of a valid contractual transaction.

 

So, we have to look at consent. In which case I would say that intent is a major factor, and again we come back to Vine vs Waltham Forest.

 

It's a little more complicated because there is an intertwining tort and contract issue, and there are plenty of unsympathetic county court judges out there, but I think the arguments are there as a basis to sue to landowner.

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Thank you every one for your advise.

 

Why cant they just say "Show us your ticket and we will release it with a small charge, or none at all, as they took a picture of the serial number on the ticket, so they would beable to identify the correct ticket.

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  • 1 month later...
Numbers are sequential. Even so, I doubt there's any dispute over whether you held a valid ticket - the issue is that it was not displayed correctly. You have already shown that you had a valid ticket, so the meaning of the serial number is of no consequence.

 

I used to work in the system and I can't tell you how many times I came across the claim that tickets were turned over or blown onto the floor by the wind - or a gust caused by the closing of the car door (as if!). It just won't convince anyone, and that is a weakness in your appeal. As to where you go from here, I don't know. Technicality on the PCN maybe?

 

I placed a ticket on my dashboard only yesterday slammed the door and the ticket moved with the draft so it can happen, I only noticed it as it has happened before but luckily I got away with it, so always look out now whilst closing the doors.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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