Your parking ticket may be unlawful

[DELACEY]

Hi,

Ive just got a parking ticket for parking in a disabled bay without a badge clearly on display:o . On my original ticket it simply states date: 11/08/07,

it does not say "date of issue".

Now if my understanding is correct, does that mean my ticket is not unlawful? Any help gratefully received.

[DELACEY]

Correction to above, I meant to ask, does that mean my ticket is not lawful, not does thta mean my ticket in unlawful (duh) its getting late:o

[DELACEY]

WEll in any case, Ive sent off a letter to my council this morning, stating that their ticket was unl;awful as it did not have date of issue and date of contravention on, so, on a technical note, their ticket was void, and so infact, it appears all Bradford Council tickets are. So indeed, onwards and upwards, will keep you al posted

[green_and_mean]

Here is a pretty good [problem] presently being perpetrated by Brent Parking.

Recently, parts of Brent that don't fall under any CPZs or indeed, any parking restrictions but are close to Wembley Stadium, were designated "Event Day Parking Zones".

 

This means, they painted special bays for parking (on the footways), but they did stress - and I have the document printed by them proving this - that the existence of these bays is exclusively for Event Day use.

I must mention that parking on the footways IS allowed, the roads are very narrow here and we have been parking without hindrance in this manner for the past 9 years!!

 

This means we ALL need to have special parking permits for Event Days.

These have been issued to us. They are displayed.

There are signs up explaining what the bays are for - and their use.

Nothing says to park in them AT ALL TIMES or else.

Only on Event Days

 

So far, so good.

We have all the permits, and keep an eye out for these Event Days.

Remember, this is NOT a CPZ street.

However, the Brent Parking Wardens have now taken to sneaking into these UNRESTRICTED areas late at night on "Non Event Days" and sticking parking tickets on cars NOT parked in the Event Day parking bays.

 

The tickets claim a "Footway Parking Contravention".

 

The snag is - and you can check this now by googling "Brent Footway parking" - by Brent Parkings very own admission on their web site - the very areas being relentlessly harrassed by their overzealous Parking Wardens/ Attendants/ [problem] Artists - (delete as appropriate) in the middle of the night are Footway Parking Restrictions EXEMPT.

 

I live on Highmead Crescent. Wembley.

I got a parking ticket on 25/08/2007 at 10.36pm, parked on the same footway I have been parked on for the last 9 years.

 

Recap, that's a parking ticket for parking on the footway of a road which is exempt from footway parking restrictions / regulations - what have you.

 

This sordid insidious spectacle has been repeated up and down the street - usually on the more expensive cars - and is entirely at random.

It is ALWAYS done very late at night.

 

In my case, the ticket wasn't even fixed to the car, but thrown into the neighbours garden - just to maximise their profits.

 

Sadly, some uninformed residents of my street, scared by the wording of the NTO's they have received have meekly handed over their hard earned cash. £80 by the NTO stage. Nice little earner, and very illegal.

 

This is nothing more than legalised mugging.

 

I am of course contesting this ticket.

Does anyone have extra advice on what to do about naming and shaming Brent Parking?

 

Thunderstorm.

 

Have you actually written to the council and got a response? From your post it seems like you feel the Mayor himself directed the PAs to target you to. The 'Council' will be unaware the PCNs have even been issued they do not sit down and examine each PCN at the end of the day to see if they are correct. Even if they did it would be pointless as without being at the point of issue it would be impossible to determine if the PCN was valid. It seems from your post that PAs have missunderstood the markings and issued incorrectly which is annoying but the reason the appeals system exists. Try ringing the Parking dept and asking for clarification of the parking restrictions in the first instance then if you get no joy take it to appeal as without the footway parking signs the PCN is invalid as the street is exempt as you stated.

[tezl]

hi, had parking ticket for not displaying permit,with day and date scratched off, its a scratch card,where you scratch day and date off.i contested it and received photos,sure enough my van on double yellow with very cluttered dash board,photo taken from5 yards.next photo,close up of dash board with scratch card in with no day or date scratched off.trouble is it was a perfectly clear dash and not even my steering column.any thoughts please.tez

[patdavies]

hi, had parking ticket for not displaying permit,with day and date scratched off, its a scratch card,where you scratch day and date off.i contested it and received photos,sure enough my van on double yellow with very cluttered dash board,photo taken from5 yards.next photo,close up of dash board with scratch card in with no day or date scratched off.trouble is it was a perfectly clear dash and not even my steering column.any thoughts please.tez

 

Take it to appeal.

 

Tell the council that the contravention did not occur because you had a valid permit.

 

When it gets to PATAS, produce your own pictures of your car against the evidence of the Council's photographs. It won't be the first time that PA/Council have falsified photographs.

[green_and_mean]

hi, had parking ticket for not displaying permit,with day and date scratched off, its a scratch card,where you scratch day and date off.i contested it and received photos,sure enough my van on double yellow with very cluttered dash board,photo taken from5 yards.next photo,close up of dash board with scratch card in with no day or date scratched off.trouble is it was a perfectly clear dash and not even my steering column.any thoughts please.tez

 

If your van was photographed on a DYL you would have been unable to use a permit valid or not? If the van was not in a bay I'd argue this point as its easier to prove using their photos than bother about scratchcards, even if it was in contravention for the DYL offence its too late for them to change the contravention now.

[tezl]

If your van was photographed on a DYL you would have been unable to use a permit valid or not? If the van was not in a bay I'd argue this point as its easier to prove using their photos than bother about scratchcards, even if it was in contravention for the DYL offence its too late for them to change the contravention now.

hi,you can park on these dyl,if you have valid scratch card,doing work in residents houses.the residents issue them to trades people or visitors.tez

[Tvbl]

I HATE parking tickets!!!

 

I found this website,maybe this can help;-)

(Edit)

greetz T

[Timsta]

I HATE parking tickets!!!

 

I found this website,maybe this can help;-)

 

http://some.edited.website.com

greetz T

 

You couldn't have looked too hard, it appears to be on your own website!

[green_and_mean]

hi,you can park on these dyl,if you have valid scratch card,doing work in residents houses.the residents issue them to trades people or visitors.tez

 

Are you sure? Parking on DYL is not allowed at ANY time except for loading even with a permit? I would double check the markings in the street if there are DYL you are allowed by law to load and unload WITHOUT any kind of permit. If there are bays with DYL between that is a different matter but you should have got done for a parking contravention not a permit one if on them. Yellow lines are governed by national statutes and the Highway code local councils cannot change the meaning of them and isue permits to park on them.

[tezl]

Are you sure? Parking on DYL is not allowed at ANY time except for loading even with a permit? I would double check the markings in the street if there are DYL you are allowed by law to load and unload WITHOUT any kind of permit. If there are bays with DYL between that is a different matter but you should have got done for a parking contravention not a permit one if on them. Yellow lines are governed by national statutes and the Highway code local councils cannot change the meaning of them and isue permits to park on them.

hi, i will nip back and read the parking sign.the lines were done by request of residents.new hospital being built,lack of parking at hospital meant workers at hospital and visitors were parking in nearby streets.tez

[JonCris]

Councils are allowed to give permission to park on DYL where it is for private or public works.

 

Disabled drivers can park on DYL for up to 3 hours provided there are no kerb markings

[tezl]

hi, i will nip back and read the parking sign.the lines were done by request of residents.new hospital being built,lack of parking at hospital meant workers at hospital and visitors were parking in nearby streets.tez

its called a controlled zone.tez.

[green_and_mean]

Councils are allowed to give permission to park on DYL where it is for private or public works.

 

Disabled drivers can park on DYL for up to 3 hours provided there are no kerb markings

 

I realise that exemptions can be given out and bb can park on yellow lines but can't see how they can sell permits to park somewhere forbidden in the highway code? Loading is also permitted by law they cannot charge for that either.

[JonCris]

Green and Mean because parking has been decriminalized & the Highway Code is a guide

[patdavies]

Are you sure? Parking on DYL is not allowed at ANY time except for loading even with a permit? I would double check the markings in the street if there are DYL you are allowed by law to load and unload WITHOUT any kind of permit. If there are bays with DYL between that is a different matter but you should have got done for a parking contravention not a permit one if on them. Yellow lines are governed by national statutes and the Highway code local councils cannot change the meaning of them and isue permits to park on them.

 

 

It's because the lines exist by virtue of a TRO which is raised (and written) by the Council (as highway authority) - they can put such provisions in as they like.

[riordanpauline]

Dear Sir /Madam

 

I was parked for 5 mins in a private parking bay, inside all the lines, and returned to discover a ticket on my car by a private company which stated 'obstructed parking', There were no other vehicles around and I was parked legally. I have written to the organisation concerned and they have asked for a payment of £85 or court action will be initiated in 28 days. Without photographic evidence how do I appeal this ticket? Thank you

[green_and_mean]

It's because the lines exist by virtue of a TRO which is raised (and written) by the Council (as highway authority) - they can put such provisions in as they like.

 

They cannot change the meanings of signs and lines regardless of any TRO if they could it would make the highway code a nonsense. They can chose where to place restrictions but cannot vary the meaning of the signs. A motorist should be able to park without stopping off at the Town Hall to check on the meaning of the local signage. A DYL is the same in Aberdeen or Bognor the council cannot decide the change the Highway code. They can issue waivers to park on a DYL for workmen, removers etc but that is not the issue here.

[paulgmb]

hi Neil,

great work!

I have been issued with a police fixed penalty notice for parking on double yellow lines. However the reason I parked there is because the yellow lines are not joined at the end and therefore as I understand it they are not valid. Do you know if this is still correct?

Thanks for any advise you can give me.

Cheers,

Paul

[TideTurner]

Hi All,

 

Don't know if this has come up

 

 

Thornton v Shoe Lane Parking (1971)

Last modified: Thu Feb 23 16:37:38 2006 This case (Thornton v Shoe Lane Parking [1971] 1 All ER 686) demonstrates that for an ExclusionClause to be incorporated into a contract, other than by explicit agreement, the affected party must be given adequate warning. Mr Thornton parked his car in a commercial car park. The car park did display a sign to the effect that cars were parked at the owner's risk. As it happens it was Mr Thornton that was injured, not the car. The car park's terms of business were printed on the back of the ticket issued from the ticket dispenser but, it was ruled, this did not form part of the contract as the contract was concluded before the ticket was issued. The notice on the building was deemed insufficiently precise to allow a disclaimer of liability for injury. This case was one of many in which Lord Justice ` I-hate-exclusion-clauses' Denning used the rules of incorporation to defeat exclusion clauses that mitigated against consumers. These days such technical manoeuvres would be unncessary, as a contract term disclaiming liability for personal injury would be deemed void under the UnfairContractTermsAct1977.

 

'In order to give sufficient notice, it would need to be printed in red ink with a red hand pointing to it - or something equally startling' (Lord Denning).

 

Could this not be applied to any notice?

 

Tide

[BoB22]

sorry everyone, but could you have a look at my ticket? It's different from the other tickets described here. First off, it was issued by the Police, not a local council which is worrying.

 

Also, they got the car colour wrong (The car is quite obviously green, not blue). I received this ticket parked on double yellow lines in a small market town centre. People always park in this spot and have done for years, and no-one has to my knowledge been penalised in this way.

 

Any comments would be much appreciated

 

[Worth telling his boss to check his colour vision. Red/Green trouble common in Men, ask 'Should he be allowed to be a police officer?]

[patdavies]

sorry everyone, but could you have a look at my ticket? It's different from the other tickets described here. First off, it was issued by the Police, not a local council which is worrying.

 

Also, they got the car colour wrong (The car is quite obviously green, not blue). I received this ticket parked on double yellow lines in a small market town centre. People always park in this spot and have done for years, and no-one has to my knowledge been penalised in this way.

 

Any comments would be much appreciated

 

[Worth telling his boss to check his colour vision. Red/Green trouble common in Men, ask 'Should he be allowed to be a police officer?]

 

Firstly, this is an FPN issued by the Police; so it does deal with a criminal offence rather than a decriminalised contravention.

 

Secondly, an FPN is an offer to deal with the matter rather than going to court - as such, the detail regarding colour etc is not relevant.

 

The only appeal to an FPN is as it states on the ticket - make a request to have the matter dealt with by a Magistrates' Court. In which case, the FPN is voided and a summons issued instead. The closeness of blue and green is such that the Bench will allow correction under the slip rule if the green is continued onto the summons.

 

If you lose in Court, you will be fined at least the £30 of the FPN offer; £25 - £35 costs and £15 victim surcharge.

 

Pragmatically, I would just pay the £30 and have done with it.

[stevoc]

Hi Everyone,

 

just a quick question , i got a ticket and was towed away by westminister council last night had to pay £260 to get the car back!

 

i had no ticket until i left! just read it thouroughly now, no date of issue just date of notice and the top of the ticket says penalty charge notice and only seen at 21:40 no in between time.

 

Now everyone is appealing aginst paying the fine within 14days etc but i had to pay immediately otherwise i had no car is this admission of guilt?

[green_and_mean]

Did it not look like this?

 

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