beboii is reclaiming his parking tickets

[beboii]

Having read the Barnett Judgement and had a search on the net it looks like my old authorities tickets may have been incorrectly issued. ie non compliant.

 

I wonder has anyone had any success yet in reclaiming their fines. I'm planning to go the SAR route for old addresses and registrations, but I'd be interested in any experiences that people could share particularly with potential defences on the part of the authority.

 

I look forward to hearing from you

[jet_force_juno]

I think the general opinion is that by paying past fines you have accepted guilt.

I am appealing a number of current fines, but I am not touching the old ones - incorrectly issued or not. I just think my payment signified I was happy with everything.

But don't let that put you off - let me know how you get on!

[beboii]

but if the ticket was not issued legally does that not mean the fine has been illegally demanded.

 

I mean the logic with doesn't work with bank charges does it. Just because you paid them that doesn't mean that the act of paying means that you accept their validity.

 

Parking enforcement gives a very limited range of options for appeal and the doubling of the amount after 14 days dragoons people into stumping up.

 

The parking authorities are charged with enforcing parking regulations within the letter of the law, when they fail to do so surely they no longer have the right to keep the fines that are based on their illegal application of the regulations. Especially when the public subsequently discover that that those regulations have been deemed to be incorrectly applied.

 

Thoughts anyone?

[jet_force_juno]

I agree that if tickets have been issued incorrectly then it should be possible to claim the money back. However, this would require you to:

 

a) obtain copies of tickets going back six years to help prove your case

b) then lodge an appeal against the fine which is clearly way beyond the normal length of time available to lodge said appeal.

 

I would imagine that the council would argue that you should have appealed at the time. I dunno I think this is a tricky one.

 

On second thoughts I might try and do the same. Sod it - I'm gonna go for it too!

[beboii]

Well I found a council document on the web that was presented to commitee early this year that assesses whether their tickets were compliant with the act or not. They thought probably not.

 

I would have thought a data protection act request will turn up the PCN numbers and ammounts paid.

 

I will keep you posted

 

B

[rogerebaker]

Im no expert on this but have been disputing a few current tickets and have been doing a fair bit of research.

 

Personally I think if you take them to the small claims court to reclaim the money you paid you would have a good chance. What is the councils defence likely to say.

 

• We worded the tickets incorrectly.
  
• we didnt apply the 1991 RTA.
  
• we ignored advice from the parking ajudicators on several occasons.
  
• We ignored the DOT template ticket published in 1991 cause we know better.
  
• The judge at high court decided that our tickets are non complient.

That would be worth losing 30 quid on a summons to see that in court.

 

Go for it

[trout]

Might I suggest that you contact Neil Herron.He is currrently pursuing a number of authorities in respect of previously payed non-compliant PCN's.Take a look at

his website and you will see what I mean!

[beboii]

thanks for that I am just sorting out the SARs now, i'll let you know how it goes.

[beboii]

Subject Access Request

 

 

Dear Sir/Madam

 

 

Registration Numbers XXXXXX

Registered Keeper Beboii

 

Previous address anytown

anyplace

anywhere

 

 

Please supply me with a complete list of penalty charge notices, notices to owner and transactions relating to them issued to me by yourselves or your subcontractors and/or their representatives.

 

I would also be grateful if you could provide me with a list of payments and correspondence relating to my parking history with your organisation over the last six years along with any other information that you may have accrued within your records about me or my above listed vehicles.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. I am happy to collect the data from yourselves and prove my identity in person.

 

 

Yours faithfully,

 

 

 

 

beboii

 

 

 

How about this as a first draft.... comments anyone?

[lookinforinfo]

I would personally have no qualms about reclaiming old parking tickets since they

are, by many councils own admission, revenue raising which they are expressly

forbidden by law to do. And when allocating parking bays, they deliberately cut

down on the actual number required so as to increase the chance of forcing

drivers to park unlawfully as that is whre the real money is made.

Bear in mind that the fines imposed are way, way over the top in terms of the

seriousness of the offence [unless parked dangerously] and by taking so many

millions off drivers, without any regard to the ability of being able to pay, they are

also taking that money out of circulation in the local community.

[myzeejon88]

Got parking ticket in Westminster on 20/7. Couple of days later I saw case V Barnet contravention not same on both halves of ticket. Didn't pay £40, sure enough 28 days later letter arrived wanting £100. Sent City of Wesminster a letter, and copy of parking ticket, saying I believed this was wrong it didn't have same info on both halves of ticket. Letter arrived 21/9 saying a procedural error had occurred and City Council would not be pursuing payment for this charge.

[dubai]

Got parking ticket in Westminster on 20/7. Couple of days later I saw case V Barnet contravention not same on both halves of ticket. Didn't pay £40, sure enough 28 days later letter arrived wanting £100. Sent City of Wesminster a letter, and copy of parking ticket, saying I believed this was wrong it didn't have same info on both halves of ticket. Letter arrived 21/9 saying a procedural error had occurred and City Council would not be pursuing payment for this charge.

 

were these hand written or electronically printed?

I got one at the weekend electroinically primted will have to go and check it before I pay.

[myzeejon88]

Ticket Was Electronically Printed Go Get Them

[steve dunn]

Check Out The "neil Herron " Blog The Westminster Council Bit Is On There They Have Stopped Chasing After The Moses V Barnet Case 2nd Aug 2006

[dw190]

Mr Lewis submits that even if there was non -compliance in this respect, nevertheless no prejudice was caused. PCNs should not be regarded as invalid. I do not accept this submission. Prejudice is irrelevant and does not need to be established. The 1991 Act creates a scheme for the civil enforcement of parking control. Under this scheme, motorists become liable to pay financial penalties when certain specified statutory conditions are met. If the statutory conditions are not met, then the financial liability does not arise.

 

If the financial liability does not arise, any money paid has been paid in error.

 

You would be entitled to it back

[Its WAR]

My summons was issued two weeks ago. Claiming back £600. Council have just sent in acknowledgement, they now have two weeks to send their defence. Cant wait to read it......then we will all get an idea of their argument. On the other hand, they might just pay up first. Its WAR.

[patdavies]

I think the general opinion is that by paying past fines you have accepted guilt.

I am appealing a number of current fines, but I am not touching the old ones - incorrectly issued or not. I just think my payment signified I was happy with everything.

But don't let that put you off - let me know how you get on!

 

Since the 1991 Act decriminalised parking, there is no question of guilt. There is no criminal offence to be guilty of.

 

The fines were unlawfully demanded and should therefore be repaid by way of restitution.

[a2222]

I must have paid about £1200 in parking fines (mostly westminster) over the last 5 years... I would estimate that my flatmate has paid in excess of £4000 (with another £2000 outstanding) so am very interested to find out more on this one!!

 

can I do one data protection request covering several vehicles in my name over the last few years?

[djweeble]

A Data Protection Act request is in YOUR NAME, and not the vehicles, but I personally would list the registration numbers of the vehicles as well if possible, just to assist them in giving you all the amunition possible to shoot them down in flames

[carolineiam]

Is Somebody Gonna Tell Us What Has Happened ?

[Howard0181]

I have a case against Transport for London for a PCN paid in 2005. I am claiming my money back uder restitution for a ticket in 2005. PCN only has one date.

 

Case listed 14th September.