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Your parking ticket may be unlawful


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hi,i got a big question as in how i stand parking on a motorway services.i drive an artic approx 60ft long,at knutsford services m6 j19 (n),i had to stop for a legal break having been held up in traffic,all the lorry bays were full so i parked on left hand side opposite petrol pump,its extremely wide and not obstructing anything,but is a double yellow line.i then went into petrol forecourt to use toilets and purchase chocolate,when i came out,youv;e guessed i was clamped all in a space of half hour from when i stopped,cps enforcement(northern)ltd are the muppets involved £250 for causing an obstruction not parking on yellows...i paid because high value load,have no choice at that time,but have discovered that so called ticket has no date etc on it just the reason that i was immobilised,and number to phone,,how legit is this on so called private land,also called a public highway by mr plod bear in mind,this company does have a sign at entrance and does not place a comma full stop from start to finish on wording,but does stipulate a £80 fee as a parking fine,what time does the clamp come into operation,when it suits it seems,any help?

 

If the signage was visible and you have already paid I would say realisticaly thats goodbye to the money. You could try reclaiming if you got clamped unlawfully the odds are not good though, (theres a guide to clamping at top of page)

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If the signage was visible and you have already paid I would say realisticaly thats goodbye to the money. You could try reclaiming if you got clamped unlawfully the odds are not good though, (theres a guide to clamping at top of page)

 

 

 

 

thanks for speedy reply,i appealed thru there web address asking for the photo,which shows they take with time and place,and they have ignored me,im quite happy to go for a county court claim against,the kermits if they dont provide me with it,could be fun sending bailiffs to there office,only fair im able to gather evidence against them,if the law says i must take a break,why not a public service area,and if they cant provide me with a parking slot,im still not allowed to break the law,bit of a two way thing

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How long after you parked were you clamped??

 

 

 

within 20 minutes,i presume the the services are obligated to provide me with refresment and toilets,as part of there operating licence,and the law.

ie vosa would back,my claim,i suppose if im being fair,i would claim against clamping company in civil court hoping they wont turn up to counter claim,i ask for judgement,i get awarded,justice is done, any views thanks

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  • 4 weeks later...
within 20 minutes,i presume the the services are obligated to provide me with refresment and toilets,as part of there operating licence,and the law.

ie vosa would back,my claim,i suppose if im being fair,i would claim against clamping company in civil court hoping they wont turn up to counter claim,i ask for judgement,i get awarded,justice is done, any views thanks

 

Motorway services are obliged to provide parking as part of their contract. It would appear that if they were unable to provide parking they would be IN BREACH OF CONTRACT with the government. Frequently parking control is outsourced to private firms or "cowboy clampers" as I call them and quite frequently the actual clamp fitters have criminal records. Allegedly the clampers are paid a bounty for every clamp fitted and this is why they are so keen. IMHO these people are just pirates and highway robbers and should be dealt with in the traditional manner. Unfortunately this is no longer legal. Possibly you could sue the motorway services for failing to provide parking as this has caused you a loss. (note that they cannot claim that your being on double yellows caused them a loss because it didn't). Trying to get your money back from the actual clampers will probably be extremely difficult even if you can discover their name and address. The motorway services company will however be in the phone book so to speak. Good Luck!

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Sorry to be a tease but regarding clamping................. I suggest all those interest in the subject keep an eye on the legal press where they may learn something to their advantage in the near future............. unless that is your a clamper:D

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hi,i got a big question as in how i stand parking on a motorway services.i drive an artic approx 60ft long,at knutsford services m6 j19 (n),i had to stop for a legal break having been held up in traffic,all the lorry bays were full so i parked on left hand side opposite petrol pump,its extremely wide and not obstructing anything,but is a double yellow line.i then went into petrol forecourt to use toilets and purchase chocolate,when i came out,youv;e guessed i was clamped all in a space of half hour from when i stopped,cps enforcement(northern)ltd are the muppets involved £250 for causing an obstruction not parking on yellows...i paid because high value load,have no choice at that time,but have discovered that so called ticket has no date etc on it just the reason that i was immobilised,and number to phone,,how legit is this on so called private land,also called a public highway by mr plod bear in mind,this company does have a sign at entrance and does not place a comma full stop from start to finish on wording,but does stipulate a £80 fee as a parking fine,what time does the clamp come into operation,when it suits it seems,any help?

 

Have you had a read of the clamping guide in the stickies section?

 

Services do not constitute part of the motorway and would be classed as private land.

 

Unless there are clear and visible signs warning of clamping then IMO the clamping does not meet the case law requirements and you would have a case against the landowner and the clamping firm.

 

A receipt must contain the Security Industry Authority number of the clamper.

 

There are other requirements for clamping detailed in the guide.

 

BTW road markings on private land have no meaning. Unless the road has been adopted by a local council and is subject to a Traffic Regulation Order they are just graffiti on the road.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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What I can say is that clamping may constitute 'removal' so may not be lawful under any circumstances;)

 

Either way it's only a matter of time. Clamping is not compatible with consumer law so all the ancient case law which supposedly makes it legal has long been out of date.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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hi,i got a big question as in how i stand parking on a motorway services.i drive an artic approx 60ft long,at knutsford services m6 j19 (n),i had to stop for a legal break having been held up in traffic,all the lorry bays were full so i parked on left hand side opposite petrol pump,its extremely wide and not obstructing anything,but is a double yellow line.i then went into petrol forecourt to use toilets and purchase chocolate,when i came out,youv;e guessed i was clamped all in a space of half hour from when i stopped,cps enforcement(northern)ltd are the muppets involved £250 for causing an obstruction not parking on yellows...i paid because high value load,have no choice at that time,but have discovered that so called ticket has no date etc on it just the reason that i was immobilised,and number to phone,,how legit is this on so called private land,also called a public highway by mr plod bear in mind,this company does have a sign at entrance and does not place a comma full stop from start to finish on wording,but does stipulate a £80 fee as a parking fine,what time does the clamp come into operation,when it suits it seems,any help?

 

OK I'm not a solicitor but I can fly computer. I Googled around and found a page www.//tategardens.org/?p=12 It would appear that your clamping was UNLAWFUL because you were not given a properly signed and dated receipt with the vehicles details, time and location on it. Furthermore the actual clamp fitter is supposed to be LICENCED - not just the owner of the firm - and is supposed to have and show proper photo ID. Just scrawling "£250 paid with thanks" is unlawful. Good Luck.

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OK I'm not a solicitor but I can fly computer. I Googled around and found a page www.//tategardens.org/?p=12 It would appear that your clamping was UNLAWFUL because you were not given a properly signed and dated receipt with the vehicles details, time and location on it. Furthermore the actual clamp fitter is supposed to be LICENCED - not just the owner of the firm - and is supposed to have and show proper photo ID. Just scrawling "£250 paid with thanks" is unlawful. Good Luck.

This is all mentioned in the clamping guide located in the stickies section. I took quite a bit of time researching it.

 

Unfortunately the body that enforces the licensing seems to be a bit lethargic when acting.

 

Often a threat to report them along with a threat of court action will sway them.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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  • 3 weeks later...

I am currently contesting parking ticket but not sure if I have any legal grounds. Any advice welcome.

Briefly circumstances are:

 

Parked on double yellow lines outside doctors surgery in order to collect prescription. A few seconds after entering surgery woman came in behind me and said Traffic Warden was outside (the wardens were parked in car a few yards from where I stopped, so did not see them when parking). I immediately left and went outside - the warden had his camera poised on my tax disc. I told him I had been less than i minute and he said it was already on his system so he couldn't do anything. I pleaded not to give me a ticket as I was gone for such a short time. He hung around without saying anything and then said ' wait, I will go speak to my supervisor', who was sitting in parked car.

 

In short, he kept me waiting around my vehicle for about 5 mins and then finally came over to me with a grin on his face as his ticket machine finally printed out the ticket. He apologised for wait but said he had been experiencing problems with his machine!!!

Now, I know I was stupid waiting but do I have any redress in law.

Many thanks.

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The only reason for parking on a yellow line is to load or unload goods or drop pick up passengers. Regardless of how long the person issuing the ticket made you hang about you had parked in breach of the regulations by leaving the vehicle to go to the doctors, collecting a prescription would not be deemed loading. If you had left the person who issued the ticket could have posted it to you anyway. Unless there is anything wrong with the PCN itself there are really not any grounds to appeal.

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Thanks.

 

I thought that as I left vehicle for less than 1 minute, the ticket should show this but as he made me wait around for full 5 minutes on pretence that he might waive ticket, I was deliberately deceived and ticket would show 5 minutes.

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hi there. my son has 2 PCN from glasgow city council. I have read thru posts but still not entirely sure about something. HIs notices were for his pay & display notice being 15 mins out. his lectures over ran at uni!! both of tickets state 'Date of Notice' on top part and payment slip, is this the same as 'Date of Issue'? also one of tickets is unreadable due to ticket being out of alignment, ie the details the parking warden entered have been printed over the top of the ticket, so youcan't make out the parking contravention or the time, or amount. ta much

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Parking Charge Notice - Vehicle Control services LTD

 

£80 fine.

 

URGENT HELP NEEDED AS GOING ON HOLIDAY TONIGHT

 

I was parked in a private car park which was locked at 18:45. I called the car park number at 21:00 and decided not to release and go early the next day as advised. A ticket had been issued at 20:47 the previous evening. The latest you can buy a ticket until is 18:30.

 

Should I pay or not?

 

Ticket looks to be completed ok.

 

Ticket says 'issue date' and not 'date of issue'.

 

Payment address is a PO Box with city and postcode.

 

It had been snowing heavily.

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  • 1 month later...

Hi

 

I was hoping to try and get away with paying a parking ticket but not looking hopeful.

 

I was issued a ticket for parking in a Loading Bay outside shops in Manchester. Unfortunately I didn't realise this was Loading Only as it just looked like standard street side parking in Manchester where you go up a slight kerb and there are parking bays. Anyway I was doin a friend a favour by taking her to the bank. She is 9 months pregnant and is due to give birth in 2 weeks so I was trying to help out. It was only because the bank was busy that we were as long as we were.

 

Anyway the ticket doesnt actually state Date of Issue but has Server on XX/XX/XXXX and has a date of contravention

 

One thing I found strange is they said Tax Disc unclear but it is perfectly clear I assume its the number at the top of the disc which is slighty covered by my tax disc holder but the date of expiry and bar code are perfectly clear

 

Any suggestions?

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  • 2 weeks later...

Very quick question regards a PCN, I have one that doesn't have a 'date of issue' but a 'Served on'. Is this wording acceptable?

It was a 'Date of contravention' further down.

 

 

I'm appealing a ticket on the grounds of rediculously maintained double yellow lines anyway, but seeing if there's other holes to be picked as well!

 

I can scan the ticket and post it here tomorrow if need be.

 

Just read the post aboved has asked more or less the same question!

 

Another question, when challenging a ticket, is it worthwhile going all guns blazing and pulling out all the cheeky case law examples or saving them for the inevitable "round 2"?

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Hi,

 

I have a parking ticket that I have appealed against on the grounds that the reason stated for issue is incorrect.

On the ticket, I also notice that the 50% reduction has been printed unclearly with the reduced charged printed across the previous line. Does this make the entire ticket invalid?

Ticket is here: http://www.echoes.force9.co.uk/pcn.gif

pcn.jpg

Edited by echoes
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  • 1 month later...

I was wondering if anybody could help me.

 

A week ago I was issued with a parking ticket while I was at work in an NHS hospital. There is a lot of building work going on so I had to park on a footpath outside the hospital accommodation (where i am currently staying).

 

There is no charge for parking in the hospital however the fine is for £60 and states that I have 14 days to pay or it will rise to £85 and then to £135 (it does not state after how many days the charge will rise to £135).

 

My main concern is that I am 95% sure there was no ticket on my car that day as I moved it after work, so they must have put it on my car the day after when i was parked "legally"

 

After reading some of your posts I also noticed that my ticket simply says "date" not "date of issue", however does this still apply to private companies. This company claims to be a member of the British Parking Association.

 

Finally, the ticket was placed on my windscreen together with a piece of paper which reads to be an advanced warning and states "we appeal for your cooperation in parking sensibly and in authorised car parking areas, today and in the future"

 

It states that if i am to appeal then i have to do so along with my payment within 14 days?

 

Thanks

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