Your parking ticket may be unlawful

[taff999]

[too strong]

That's nice, but how did you actually do it.

[taff999]

sorry mate just read your post-that wasnt a response btw!wondered if anyone thought i had a case-

 

from what i can see i have one on grounds of date of issue anymore anybody can see?

 

-*TOOSTRONG*

 

GOOGLE 'PHOTOBUCKET' AND REGISTER(FREE) PUT YOUR IMAGE ON THEIR TO GET A URL , THEN CLICK ON THE INSERT IMAGE TAB ABOVE ON THE CAG REPLY SCREEN THEN COPY AND PASTE THE URL FROM PHOTOBUCKET -REMEMBER THAT IT WONT WORK IF THE HTTP BIT IS IN TWICE SO IF YOU COPY AND PASTE DELETE THE HTTP BIT THATS ALREADY ON!

 

hope you got that look forward to seeing it.

[rogerebaker]

Taff

 

I think you have a slightly different ticket here. This hasnt been issued under the decriminilased parking scheme brought in by the 1991 Road traffic Act. In saying that I cant see that the issues are any different.

 

No date of issue

 

The liability to pay the excess charge is not with the driver but with the registered keeper provided the rules are the same for this as the 1991 PCNs. therefor the information on your ticket is incorrect

 

Your only formal right of appeal on this ticket may be a magistrates court case.

[poppa]

hi all, sorry to be a nuisance, but I thought i would double check after finding this very useful site and having recieved a parking ticket. (daughters dentist was running late) & got a ticket for being in a residents parking area without a permit ( got caught by 9 mins)certain times were free.

 

on my pcn from ealing council

contavention date,

"date of notice" not issue

make & number of the car ( no colour)

and all the other relevent stuff

 

 

on the reciept part it has

notice no,

veh.reg

date of notice (again not issue)

contravention date

time of issue

 

would this be a legal ticket or not?

as it does not have colour of car, and has date of notice rather than date of issue and has time of issue?

[sam747uk]

hi

i had a parking ticket but on ticket it has got wrong registration number mine reg is xxI 1786 but on ticket it is XX11786

should i worry to pay

plz help

thanks

sam

[seylectric]

Not in my opinion. The registration number on the ticket is not that of your car. Send tham a letter back by recorded delivery stating that you believe the ticket has been issued in error because it is not your vehicle, simple as that. DO NOT help them to correct their error by pointing out their mistake!

 

They will presumably contact the DVLC who will indeed confirm to them that XX11786 is not registered to you.

[Don-e]

Okay, so after reading this extremely good topic I've beencasting my mind back 2 years to a time when iwas blighted by some heavy handed parking charges from the local council.

 

Centres arouind 4 tickets, which I started to dispute (basically parking outside my friends house in a residential parking permit area, he had run out of those scratch and sniff visitors parking permits but we stuck notices on the car explaining that he was ordering more and that the parking attendent could know on the door if in any doubt). Anyway, they flatly refused any argument (from both myself and my friend) and communication stoped. These tickets were issued between 3- 4 years ago.

 

I moved out of my parents house and carried on with live(about 15 months on). Anyway, I'm at work one day, I get a call from my mum she is at work (my parents own a pub and live at another address). She' scrying down the phone at me because some bailiffs have turned up at the pub demanding £1276.00 for 4 unpaid parking tickets and "costs" (apperently, they wrote to me at my parents address lots warning me....letters that I didnt receive - letters that I wouldhave certianly acted on had I recieved them). They had asked my neighbour about my famiyl and the kindly neighbour had directed them tomy foks business during a busy lunch time and spouted off in fornt of loads of people.

 

I coughed up, on a credit card and had to try and explain things to my mum. anyway, sitting here thinking about this, and remembering the shoddy state ofthe tickets at the time, I wanting pay back, so, my question is, how do i kick it off?

 

Subject access request? Will the council keep records of their tickets? If they dont, what then? Can i do anything?

 

Do I send a cheue for the normal £10

 

and how does the claim work? ie, the council sold this debt to a bailif who collected - did they collect on partof themselves, or for a court, or the council?

 

Have I got a right to this money, I'm assuming that the court sanctioned this action with the balifs, does this make the sums or the tickets lawful after judgement has been passed (again a local borough council issued the tickets)???

 

 

Should I be claiming for the total amount plus interest at the date of the credit card payment?

 

 

Your thoughts and any guidance are greatly appreciated!

 

 

cheers,

 

James

[vicaragefarm]

This not really anything to do with parking tickets but gives me great pleasure in getting on over on the dicks.

I was in a supermarket car park one Xmas and had spent a good couple of hours in various shops on the site. As we left and approached the barrier we noticed a hand written sighn on a blackboard saying parking was for one hour only anything over this would be charged at £15 per hour.

I argued that this sighn should have been placed on the way in to the car park and not on the way out, but was met with the response payup. I refused and drove around the barrier. By the time I got to my home a police car was sat outside waiting for me and a very burly police man told me that I had to return with him and pay the ticket. I asked him what criminel offence had been commited, he refused to answer and told me to get in his car and return with him. I asked him to clarify if it was a criminal offence or a civil matter, he got on the radio was told it was a civil matter got in his car and left. up yours ASDA

[seylectric]

Don-e, frankly you're going to struggle because (a) technically you were illegally parked (it's a load of b'locks I know), and (b) you have now paid up. I think you will find it VERY difficult to get anything back after paying up which is why I always advocate not paying if there is the slightest doubt about any aspect of the case (that way you can always claim the issue is in dispute).

 

The bailiffs could not have done anything because you didn't live there at the time they came to collect! All mother had to say was "sorry chaps, nobody of that name at this address" and it's game over for them.

 

I would firstly ask your credit card company to do a chargeback, but beyond that the only chance I think you have is to take them to court claiming that the amount they were paid was unjust and you only paid it because bailiffs were threatening to take away your MOTHER'S goods an so acting illegally, but as I said once you have paid I think you're going to find it very difficult.

 

The only slight issue I can think of here in respect of the tickets themselves, assuming that they are not illegally worded, is that there is some suggestion that paid-for residents parking schemes may be illegal anyway because a clause in the Human Rights Act says that everybody should/must be treated equally.

 

I've put it to my local council that since I have to pay an annual fee for my residents parking permit and the people living in the next street do not (since the next street isn't a designated resident's parking area), that they are in breach of the Human Rights Act because I am not being treated equally under the terms of the Act but of course they have chosen to deal with that by ignoring it completely, knowing that there isn't much I can do to pursue that one without taking a test case to the High Court.

 

They won't get any money out of me though.

[Don-e]

Cheers Seylectric,

 

Dissapointing, but I was expecting an answer along those lines. But stuff like that is always worth considering, I'll blaim the naivety of my mother on this occasion.

 

Thanks for the reply.

 

Don-e

[seylectric]

Well do bear in mind it's only my opinion, but I would certainly try for the chargeback option first if nothing else. Tell your c.c. company it was paid in error.

 

I'm not sure what the rules are on chargebacks but if they don't refund it's possible they may be jointly liable for your "loss".

[GRUMPY1]

I WAS ISSUED WITH A PCN YESTERDAY, BUT ON THE PAYMENT SLIP IT STATED DATE OF OFFENCE, AND AS I HAVE NOT COMMITED AN OFFENCE I DO NOT HAVE TO PAY THE CHARGE, I HAVE TAKEN ADVICE ON THIS AND BEEN TOLD TO APPEAL AGAINST THE CHARGE. PEOPLE SHOULD BE AWARE THAT IT WAS DE-CRIMINALIZED IN 2003 AND THEREFORE YOU HAVE BEEN IN CONTRAVENTION OF A BYELAW AND NOT COMMITED AN OFFENCE, AN OFFENCE IS A TERM FOR A CRIMINAL OFFENCE. THEREFORE THE PCN WAS ISSUED INCORRECTLY AND I DO NOT HAVE TO PAY. I HAVE ALSO SENT A COPY OF THE PCN AND APPEAL LETTER TO THE LOCAL RADIO STATION AND NEWSPEPER STATING THE LAW "SECTION 66(3) OF THE 1991 ROAD TRAFFIC ACT". AS THERE IS NO OFFENCE THERE IS NO REQUIREMENT TO PAY.:grin:

[seylectric]

Correct. It's exactly the same situation here in Blackpool, (and if your tickets are issued by Parkwise in your town take another look at them because I've just noticed that they too are incorrectly worded), HOWEVER DO BE AWARE that you will need to keep fighting them, don't just ignore them.

 

ADDITIONALLY it has not been decriminalised in all areas, some areas still have tickets issued by the police - this two-teir system makes it even more farcical.

 

P.S. turn your caps lock off!

[GRUMPY1]

Look At The Payment Slip If It States Date Of Offence, It Is Flawed As You Have Not Committed An Offence, Then No Offence No Requirement To Pay As Far As I Have Been Informed Also By Mr Neil Herron, Thank You Mr Herron

[Don-e]

Well do bear in mind it's only my opinion, but I would certainly try for the chargeback option first if nothing else. Tell your c.c. company it was paid in error.

 

I'm not sure what the rules are on chargebacks but if they don't refund it's possible they may be jointly liable for your "loss".

 

 

I'll give it a go, they can only say no I guess.

 

But the bailiffs are sure to come back on it? If so, what's my defence/validation going to be? Excessive charges? Surely they will say they wrote to me 50 times (or something stupid like that) saying that I didnt reply.

 

I'm not sure, but my car (a different car that would had no PCN's against its reg.)might have been registered at that address at that time (in my name)

 

 

Sorry, can of worms. I just want to be clear of my of direction and the motivation for getting having the charge back - after all, no-ones going to sit there and just give back nearly 1300 quid (although, i was stupid enough in the first place to release it) but these are bailiffs and they aint exactly nice, upstanding people.

 

cheers for the advice.

 

James

[GRUMPY1]

sorry, seylectric, my caps lock is normally on as i am at work and the system we use works with caps lonck on, i also live in blackpool, and i rang them this morning, and said well if you don't accept it then appeal and put the phone down, let me know how you get on, and i will let you know how i get on

[poppa]

hi all, sorry to be a nuisance, but I thought i would double check after finding this very useful site and having recieved a parking ticket. (daughters dentist was running late) & got a ticket for being in a residents parking area without a permit ( got caught by 9 mins)certain times were free.

 

on my pcn from ealing council

contavention date,

"date of notice" not issue

make & number of the car ( no colour)

and all the other relevent stuff

 

 

on the reciept part it has

notice no,

veh.reg

date of notice (again not issue)

contravention date

time of issue

 

would this be a legal ticket or not?

as it does not have colour of car, and has date of notice rather than date of issue and has time of issue?

 

could i please have someone respond to this, as i am not sure where i stand

thanks

[GRUMPY1]

yes, that one is legal, but contactneil herron on 01915657143 and they may be able to help

[Don-e]

yes, that one is legal, but contactneil herron on 01915657143 and they may be able to help

 

Am i right in saying that that ticket is legit because it specifies two dates (phrased differently - "time of issue" and "Date of notice") Or, because it expresses a contravention date along with the afore mentioned?

 

Apologies, i'm getting confused witht he "Date of Issue " argument

 

 

What if the tickets stated

 

Council name

PENALTY CHARGE NOTICE

 

Road traffic Act 1991 (as amended etc etc)

 

Notice Number

********

 

Date Of Notice

**/**/**

 

Car Reg

********

 

Make

 

***

 

Colour

****

 

Was seen in

 

From 09:30

to 0935

 

on: **/**/**

 

By parking attendant : ****

 

Signature_______________

 

who beleives that a penatly charge is payable with respect to the vehicle identified above on the grounds that the following parking contravention has occured

 

PCN No: **

 

THe Penalty Charge of £60.00 must be paid before the enf of the period beginning with the date of this notice.

 

The discounted rate of £30.00 willbe accpeted in settlement of the penatly is made within 14 days beginning with the date of this notice.

 

DO NOT PAY THE PARKING ATTENDANT

 

==============================================

Tear off

 

 

NOtice Number

**************

 

Date of Notice

**/**/**

 

Vehicle

********

 

 

 

 

End

 

 

 

James

[GRUMPY1]

Sorry Mate That One Looks Like It Is Legit, But Contact Mr Neil Herron On 01915657143 To Discuss, And He Will See If There Are Any Ponits On The Ticket That Are Incorrect And Best Advise You:)

[JonCris]

Sorry Mate That One Looks Like It Is Legit, But Contact Mr Neil Herron On 01915657143 To Discuss, And He Will See If There Are Any Ponits On The Ticket That Are Incorrect And Best Advise You:)

 

It may not be lawful as it refers to a "penalty" & not simply a "charge" being payable, but yes Mr Herron is best for advice.

[RealDeal29]

Hi, I received a parking ticket from a police officer today. It's a fair cop I thought, but, she has written yesterdays date on it... Is it void?

[peigibeag]

Don't know if anyone has mentioned this - the thread is long yellow lines are illegal if they don't have the end of the line(s) marked by a line at right angle at the end. I don't know of a link, but someone has sucessfully fought and won on those grounds. The rest of his town/village followed suit. They all got fines refunded but I bet someone was out with a tin of yellow paint PDQ!

[seylectric]

Hi, I received a parking ticket from a police officer today. It's a fair cop I thought, but, she has written yesterdays date on it... Is it void?

 

Yes! Absolutely no question about it!