Your parking ticket may be unlawful

[dax]

cant wait to see what they say about that seylectric...

 

In the meantime, I have spoken to Mondeo who has been very helpfull and given me the confidence to realise that I can get my money back from all the illegal tickets I ended up paying.

 

How do you add to someones reputation, as he deserves it..

[raymond the fabulous]

i know its not a parking one but thought you hear it anyway.

a friend of mine had a on going battle with transport for london about his conguestion charge any way he had been in london forgot to pay it long story short first he hear about it was a £400 odd demand which he said quite rightly b*ll*x to where are the warngings any way you know what there like more threts. Mean time a letter from the post office sorry we have been putting your post in the wrong box .So my friend gets on TFL tells them this and more threts bil up to 600 odd pounds anyway this goes on for about 18 months all in all any way gets taken to court bill now at £952 from a £10 charge these people are mad just before the court date he gets and this will really make you laugh .

A letter saying TFL are not going to court and could bring to court for them the bundel which they sent to him with the letter being a man of inpecable character he sent it back writing on the front B*LL*X WHAT DO YOU THINK I AM YOUR LACKIE . when he gets to court the magistrate had the bundel in front of him and a grin so my friend explians what has been going on show the letter from the post the magistrate totally agrees with him and wipes the charge but said he is sorry he cant wipe the orginal £10 and sends him on his way.

[patdavies]

How did TfL get a congestion charge bill to a Magistrates' Court?

[madder]

My parking ticket has "Date of Notice" is it inavalid ????

 

 

I Had a thought what if I sent a letter disputing this parking fine saying that I had another 22 mins on my pay and display ticket? After all its only one individuals word against another, the parking attendant " Has reasonable cause" well can't I have reasonble cause to say the person was mistaken?

as I say just a thought.

[rogerebaker]

My parking ticket has "Date of Notice" is it inavalid ????

 

 

I Had a thought what if I sent a letter disputing this parking fine saying that I had another 22 mins on my pay and display ticket? After all its only one individuals word against another, the parking attendant " Has reasonable cause" well can't I have reasonble cause to say the person was mistaken?

 

as I say just a thought.

 

Date of notice or date of issue is acceptable as long as it also has a date of contravention.

[Hamster777]

Hi, Got my first ever parking ticket yesterday at the age of 31 not bad going, I was 12 minutes late back to the car parked in the council car park.

 

It is headed Excess Charge ticket but enclosed in a Penalty Charge Notice envelope. (Surley 12 minutes excess parking is not worth £30 or £60 after 14 days!)

Also there is only one date on it - and it just states - "Date", nothing else.

 

I am happy to pay a nominal charge but £30/£60 for that is extortionate!

 

Any views on what I can do please?

[seylectric]

All the answers are in the thread really, if it doesn't have two dates, one being the Date of Notice/Issue and the other being the Date of Contravention it's invalid.

[Hamster777]

That's what I thought, thanks. Do you know if they have used the correct Road and Traffic regs act - 1984?

 

Many thanks

[madder]

I've tried looking for the DOT "Model" parking ticket mentioned in this thread but can't find it anywhere....any suggestions Ive been on the DOT site but as yet unccessful.

 

But as for the 2 dates on a PNC this is true Ive read the various blogs and so on on various sites and it does state 2 dates needed for validity.

[patdavies]

That's what I thought, thanks. Do you know if they have used the correct Road and Traffic regs act - 1984?

 

Many thanks

 

If the referenced law is the 1984 Act then the matter of two dates is irrelevant - that only applies to decriminalised parking under the RTA1991.

 

The 1984 Act was a dog's breakfast and allows councils to set charges individually. All of these and the restrictions and application of restrictions must be contained in a TRO (Traffic Regulation Order) and it is to this that you must refer if you wish to challenge the legality. This is obtainable from the Highway Authority - usually the County Council unless this is a Unitary Authority (when it is the local authority) or a Trunk Road/Motorway (then it is the Highways Agency)

 

One point, if issued under the 1984 ACT, then than can only issued an ECN (Excess Charge Notice) regardless of the 'offence': if they have called it a Penalty Charge Notice then it is invalid and unenforceable

[madder]

This gets more confusing I think I have developed a headache. Any body know the wherabouts of the MODEL parking ticket as mentioned in a previous posting.?

[rogerebaker]

This gets more confusing I think I have developed a headache. Any body know the wherabouts of the MODEL parking ticket as mentioned in a previous posting.?

 

http://www.dft.gov.uk/stellent/groups/dft_roads/documents/page/dft_roads_027631.pdf

[madder]

ooh mucho gratias my friend.

[madder]

Well as far as I can see, after reading the relevant paras on the guide lines, (A) The time and date on the pay-and -display ticket has to be recorded by the parking attendant????? I have asked for this info to be sent to me...(B) Time or times???? a time was given but is this the issuing time ?? or the seen time?? or the expiry time on the ticket?? I have asked for clarification on this.© The code printed does not appear in the list.... the contraventon is printed on the ticket but I do not recognise the code.I asked if the council are using their own codes.

Well I couldn't see any more should haves,, so I'll send letter and see what happens.

[rogerebaker]

The only thing that has to be on the ticket is what is mentioned in the Road traffic Act 1991 ( See link) Road Traffic Act 1991 (c. 40)

 

The guidelines issued by the DOT are just that and dont automatically invalidate the PCN although as far as I can gather the ajudicators expect them to abide more or less with it.

[madder]

Yes thats what I summised......but if it goes to an adjudicator, the parking attendants records will have to show date, time, of the pay and display ticket, and of course the amount of time the car has gone into excess.

Thinking about this it does make sence if a ticket gets to that stage this info is relevant.

 

Wether these figures have been recorded I don't know, so I thought I would just ask for the info that WAS recorded. Also I started my letter very politely just picking on 3 points.

I also read something to the effect of if the info has not been recordrd the council may have their license revoked?????? but not 100% sure on this its

just one of the points the council have to adhere to among some others.

Anyway Ill send letter and see what happens, the only reason Im doing this is for the last 5 months after taking on the bank and credit card companies and catalogue Ive got it into my head that I'm not giving any money to anyone if Ive not received either goods or services. I do seem to question everything I pay for lately?????? paranoia setting in ?????

[Magsley]

I just got a parking ticket from ealing council too and was wondering about th fact it says date of notice and not date of issue. Have you had any joy finding out about this. If so could you help me please.

 

It has no colour of car on it and I was only 6 minutes late back. Aren't they supposed to watch the car for 5 mins?

[Magsley]

Also regarding the Ealing Council parking ticket, when it comes to the part where they say is if it is paid within 14 days there is red marker scrubbing out the wording of the penalty notice - eg:

 

if the ...............................(there is just red marker here with nothing to be seen to what they've scrubbed out) before the end of the period of 14 days beginning with the date of this notice. the amount of the penalty charge will be reduced by 50% to 40.00

 

There is the date of notice and date of contravention so if i can get them on this it would be great.

 

any help would be greatly appreciated as the 14 day period is coming up!

 

cheers

[rogerebaker]

Also regarding the Ealing Council parking ticket, when it comes to the part where they say is if it is paid within 14 days there is red marker scrubbing out the wording of the penalty notice - eg:

 

if the ...............................(there is just red marker here with nothing to be seen to what they've scrubbed out) before the end of the period of 14 days beginning with the date of this notice. the amount of the penalty charge will be reduced by 50% to 40.00

 

There is the date of notice and date of contravention so if i can get them on this it would be great.

 

any help would be greatly appreciated as the 14 day period is coming up!

 

cheers

 

The words srubbed out is probably the word fine which they are not allowed to use. If theres nothing in its place then the request dosnt make sense.

 

I would appeal I think you have a good chance on that alone. The formal appeal to the council will no doubt fail but take it to the ajudicators.

 

regards notice / issue

 

either is acceptable provided it also has a date of contravention.

[JonCris]

Magsley for advice go here PePiPoo: Helping the motorist to get justice

[Magsley]

Hi,

 

Thanks for your help regarding my Ealing borough parking ticket. I contacted Neil Herron but he is completely overloaded with enquiries. They have suggested what you said - appealing. You say take it to the ajudicators - does that mean I have to appeal to the council first?

 

Thanks for any help.

[Magsley]

Also my car is registered in Jersey. I'm on holiday here. I don't know whether they will bother chasing it to Jersey or not?

[callumsgran]

Sent my letter in 14 days ago appealing my pcn, no reply as yet!

Do they have to respond within a certain time limit?

[rogerebaker]

Hi,

 

Thanks for your help regarding my Ealing borough parking ticket. I contacted Neil Herron but he is completely overloaded with enquiries. They have suggested what you said - appealing. You say take it to the ajudicators - does that mean I have to appeal to the council first?

 

Thanks for any help.

 

Yes

 

when you get the NTO you can appeal to the council. If thats turned down then you can appeal to the ajudicators

[Peterbard]

I am new to this thread so you will forgive me if i ask a stupid question

I got a ticket from Salford city councill for parking on a double yellow.I have a dissabled badge in the window but it is out of date,with being in hospital i haven't got round to getting a new one it means going getting your picture taken and all that and i haven't felt up to it. Anyway i got this ticket it has a date of notice on the top then it says "From To 18.57/1900 at (BlanK) on 15/11 2006. i was only parked for five minites non mettion of date of issue in so many words .

 

Peter

CAn anyone advise or am i scuppered.