Your parking ticket may be unlawful

[seylectric]

Yes, the council in question asked for a judicial review. Bad news actually this, if the courts find in favour of the council - and they probably will - it will probably override the incorrect wording issue that most of us are basing our claims on, so we could expect some huge unpaid parking ticket bills in theory. Don't bottle it yet, this one is set to run and run.

 

Remember most parking tickets are probably issued illegally anyway because of other technicalities such as worn out lines and so on, regardless of the wording on the tickets. There's more than one way to crack a nut! If the costs to the council of fighting the case rise to such a point that it is becoming expensive there is always the argument that the case isn't in the public interest especially since there is a limit to the costs they can reclaim! Don't lose sight of the fact that it's mostly a money-making [problem] and you won't lose faith.

[dw190]

You also find that councils who have got their PCN's right while on the swings tend to loose out on the roundabouts by having errors in their NTO's, NofR's & Charge Certificates.

 

It should be noted that if you appeal before receiving a NTO some councils make the fatal error of sending you a notice of rejection and a Charge Certificate without continuing the through the process of the statutory proceedure.

[kerzo]

hey there, i've just joined and i've recently been given a ticket and had my car towed away for (stupidly)parking on double yellows,but i've been reading these posts with great interest and i am looking to appeal against my ticket as it doesn't say "date of issue" or "date of contravention".the only places it says this is in the part where you are told to "pay a penalty of £60 within 28 days of the date of issue"but at the top of my ticket it only says "date",not date of issue!! is this invalid??

also, it only says "who had reasonable cause to believe that the following parking contravention had occured" no "date of conravention". is this also invalid???

[Movingon]

I've just come back from my NPAS hearing today. You'll all be happy to hear I won, but only on a technicality which p*ssed me off.

 

What was the technicality which won you the case?

[JonCris]

If your car was NOT causing an obstruction the council may have broken the law by towing it away as only the police can order it to taken away in such circumstances & the council will have breached your human rights.

 

Ain't life grand!

[rogerebaker]

The high court today ruled against Barnet council in the case of Moses V Barnet.

 

The end result is that if the ticket has no date on it which states "Date of Issue" it is unenforcable.

 

As it was the high court this is now a precident.

 

Get your old parking tickets out folks - time to get your money back.

[Michael Browne]

Yipee, you've made my day!

[rogerebaker]

Mine to

 

Ive been exchanging letters with Elmbridge and Woking council on this issue for the last couple of months and they have been treateing me like some sort of idiot.

 

I can feel a couple more letters coming on tomorrow

 

;)

[Michael Browne]

Have you got a link to the judgement?

[deemacperth]

A link here:

 

http://www.lmag.org.uk/modules.php?name=News&file=article&sid=53

 

What was the technicality which won you the case?

 

I was arguing that I had been loading my car in a parking bay, but I still had a ticket on my passengers side window from earlier that morning. I was given a ticket for parking after my time had run out. The adjuducator ruled that it was invalid as it should have been parking without displaying a valid ticket as I'd left and come back. Can you believe that. Complete and untter B*llocks. Didn't want to get into my argument.

 

Incidentally, he stated that you can't load or unload in a parking bay. Complete B*llocks again, I've been printing out reams of regulations and parts of Acts to formulate my complaint against his handling of the case. He stated that was a fact, so if my case hadn't been decided on the technicality, he claimed I wouldn't be able to appeal on it as it wasn't a point of law.

[chrismc]

The high court today ruled against Barnet council in the case of Moses V Barnet.

 

The end result is that if the ticket has no date on it which states "Date of Issue" it is unenforcable.

 

As it was the high court this is now a precident.

 

Get your old parking tickets out folks - time to get your money back.

 

Good news ReB at least one grey area cleared up!!

[thewifeandI]

The wording 'Date of Issue' as against 'Date of Notice' still confuses me. The act mentions date of notice in its wording, but I've been told that 'Date of Notice' on the ticket makes it invalid. Mine has Date of Notice specified, and mentioned twice later in the payment section (i.e. '...beginning with the date of this notice'). It doesn't state 'Date of Contravention' as such, but 'Was seen in' [ROAD] 'On' [DATE].

[dw190]

The wording 'Date of Issue' as against 'Date of Notice' still confuses me. The act mentions date of notice in its wording, but I've been told that 'Date of Notice' on the ticket makes it invalid. Mine has Date of Notice specified, and mentioned twice later in the payment section (i.e. '...beginning with the date of this notice'). It doesn't state 'Date of Contravention' as such, but 'Was seen in' [ROAD] 'On' [DATE].

 

I think the difference between Date of Notice and Date of Issue is trivial. The vital outcome of Barnet case is that the Judge any PCN needs two dates. 1. Date of Issue/Notice and 2. Date of Contravention.

 

High Court Parking Ticket Victory for Motorists

AppealNow.com’s claim that Barnet and other council’s parking tickets are invalid upheld by the High Court.

“I expect to uncover more illegal parking tickets – Millions of pounds are involved” says AppealNow.com’s founder, Barrie Segal.

 

 

Motorists being fleeced for millions of pounds

 

Barnet Council’s parking tickets were judged to be invalid in a landmark case decided in the High Court today.

 

Mr. Justice Jackson ruled that Barnet’s parking tickets were invalid as they did not have two dates on them, one a date of contravention and the other a date of issue.

 

In the case of Hugh Moses – v - Barnet, Barrie Segal the founder of www.AppealNow.com™, represented Mr. Moses at the Parking Adjudicator and challenged the validity of Barnet Council’s parking tickets on the grounds that they did not have a date of issue. Two separate Parking Adjudicators upheld Mr. Segal’s argument and agreed that Barnet Council’s parking tickets were invalid.

 

Barnet Council took the matter to the High Court and challenged the decisions.

 

Today’s test case decision by Mr. Justice Jackson ruled that Barnet’s parking tickets were invalid as they did not have two dates on them, one a date of contravention and the other a date of issue. He also said that any parking ticket needs those two dates to be valid.

 

Barrie of www.AppealNow.com™, who has also successfully challenged the validity of parking tickets of Lambeth and Tower Hamlets says “This is a stunning victory for motorists who have had to put for years with arrogant councils whose parking tickets were invalid. Barnet Council is the worst council - they have even sent bailiffs in to repossess and sell the car of a blue badge driver, all based on these illegally issued parking tickets.

 

This legal precedent also in my view opens up a huge problems for Councils all over the UK”

 

Says Barrie “Parking tickets have to comply with a strict legal requirement. Under the Road Traffic Act 1991 the date of issue, amongst other things, must be shown on the parking ticket. In the Barnet and other cases it was not.

 

I have previously told the Chief Parking Adjudicator in London, the National Parking Appeals Service and the Scottish Appeals Service that in the interests of justice all adjudicators must consider the validity of the parking ticket when the make their decision. The fact that Parking Adjudicators have not done this as a matter of course is unacceptable.. Following this decision they will have no choice.

 

 

END

[seylectric]

This is what we promised you, fight back and the tide will begin to turn. This is a landmark verdict, and a reminder to the powers that be that they must comply with the law too. Can't wait until the case for Blackpool comes up, they even state "Date of Offence" on the payment slip, implying that you have committed a criminal offence. Sounds like "defamation of character" to me. No mention of "Date of contravention" to be seen anywhere on the ticket.

[JonCris]

Great news.

Am I correct in thinking that Barnet are the only council to take this all the way to the High Court. If so was it not Barnet that ripped out the speed humps & much of the so called traffic calming features & have still managed to achieve a drop in accidents.

 

My point is why would a council which appears to be on the side of the motorist go all the way to the High Court in the full knowledge that the court might find against them?

[rogerebaker]

The wording 'Date of Issue' as against 'Date of Notice' still confuses me. The act mentions date of notice in its wording, but I've been told that 'Date of Notice' on the ticket makes it invalid. Mine has Date of Notice specified, and mentioned twice later in the payment section (i.e. '...beginning with the date of this notice'). It doesn't state 'Date of Contravention' as such, but 'Was seen in' [ROAD] 'On' [DATE].

 

I think you would struggle on the issue / notice bit but have a good look at the terms of payment etc on the rear. I found at least three mistakes on that.

 

When the Notice to owner came it was way out as well. The time started from the date of the notice instead of the date notice served which the ajudicators have decided renders it useless

 

The charge certificate was the same.

 

Im sure you will find something wrong with it.

 

REB

[JonCris]

Not surprised it's the muppets the employ.

 

Did anyone see the photograph of the parking attendant giving a ticket to the lorry that because of a busted water main fell down a hole in the road when it collapsed as it passed over & was stuck fast.

 

The parking attendants office said the driver/firm could go to the time & trouble of going to appeal.

 

You really couldn't make it up could you.

[age9000]

hi to all

 

does anyone have a copy of the DoT parking ticket model, as i cant find it anywhere (been googleing it), also how to i add a photo so i can show a ticket i have recieved.

 

Do local authorities have to pursue you for the fine within a time limit

as a ticket was issued on 26th jan but they wrote to me on 11th may

 

thanks in advance

[rogerebaker]

hi to all

 

does anyone have a copy of the DoT parking ticket model, as i cant find it anywhere (been googleing it), also how to i add a photo so i can show a ticket i have recieved.

 

Do local authorities have to pursue you for the fine within a time limit

as a ticket was issued on 26th jan but they wrote to me on 11th may

 

thanks in advance

 

No time limit on serving an NTO but anything over 6 months without a good excuse is deemed as prejudicing the motorist and is likely to be kicked out on appeal.

 

The template ticket is on this link.

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

 

Its worth bearing in mind that the template ticket dosnt comly with the RTA especially around the wording on the rear around payment allthough the ajudicators have said that if it follows exactly the template ticket it is likely to be OK

The best web site to read is this one.

London Motorists Action Group - Westminster PCN vulnerability adjudication victory

It has all the test cases and if you spend half an hour reading the cases Im sure you will find a fault with the NTO. I have on everyone so far particularly when the 28 days starts. It must say from date NTO served and not from date of the NTO.

 

Good luck

[John88]

I was issued with a penalty charge notice from a private company called Central Ticketing. There is no date of issue on the ticket. Do the same rules apply to these firms for their tickets to be valid? I'd apprecaite any help around this matter.

[age9000]

No time limit on serving an NTO but anything over 6 months without a good excuse is deemed as prejudicing the motorist and is likely to be kicked out on appeal.

 

The template ticket is on this link.

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

 

Its worth bearing in mind that the template ticket dosnt comly with the RTA especially around the wording on the rear around payment allthough the ajudicators have said that if it follows exactly the template ticket it is likely to be OK

The best web site to read is this one.

London Motorists Action Group - Westminster PCN vulnerability adjudication victory

It has all the test cases and if you spend half an hour reading the cases Im sure you will find a fault with the NTO. I have on everyone so far particularly when the 28 days starts. It must say from date NTO served and not from date of the NTO.

 

Good luck

 

thanks for the helpfull advise, does a pcn have to be signed ?? as the one I have been sent a copy of does not have a signature on it.

[JonCris]

I was issued with a penalty charge notice from a private company called Central Ticketing. There is no date of issue on the ticket. Do the same rules apply to these firms for their tickets to be valid? I'd apprecaite any help around this matter.

 

Does it actually state it's a "penalty" charge notice. If so it's not lawful.

 

I would write to the both the C/P owner & Central Ticketing & ask under what statute they are entitled to impose fines or penalties without due process.

 

Even the local councils have realised their mistake & many have stopped calling them fines or penalties

[John88]

The ticket is marked "Parking Charge" on the front. The reason for issue is "no permit". The ticket claims to have been lawfully issued and that the collection procedure will be processed in accordance with the Administation of Justice Act 1970.

[JonCris]

It sounds as if the "charge" was lawful particularly if their where signs promently displayed when you entered the car park.

 

The bit about collection means that they won't break the law by harrasing you when demanding payment. (which I doubt is true as these firms don't know any other way of getting their money)

 

Watch out though they can & do go direct to court without warning to get a CCJ then come after you for payment. You then have to go to the trouble & expense of having it set aside. Which if their ticket is found to be lawful could be a waste of your time & your money

[too strong]

I want to import an image of a parking ticket onto the site,

how do I do it?