Parking ticket - su...
 

[Closed] Parking ticket - surely the council can't be serious with this?

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The GF parked in a parallel bay on the street today only to find a parking fine when she returned to her motor. She had paid for a ticket and there was plenty of time left on it and it was clearly displayed. However, apparently the offence was for incorrect vehicle class... The only thing differentiating her bay from others was the remnants of some white writing on the road, nothing else.

So what do the STW collective think of this one. Surely can contest this? I think they are taking the p**s well and truly like.

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[url= http://www.flickr.com/photos/69309759@N02/8425505610/ ]IMG_9284[/url] by [url= http://www.flickr.com/people/69309759@N02/ ]VeeeDubStar[/url], on Flickr


 
Posted : 28/01/2013 11:08 pm
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Appeal the fine with as many pictures as possible.
Time and date stamped if possible.


 
Posted : 28/01/2013 11:10 pm
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Initially I would agree but where there's faded writing on the road, there's usually a small sign on a lamppost behind the space describing the restriction?


 
Posted : 28/01/2013 11:10 pm
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Surely can contest this? I think they are taking the p**s well and truly like.

Yes and yes. Markings fail means they can't enforce what they think is supposed to be designated there.

Initially I would agree but where there's faded writing on the road, there's usually a small sign on a lamppost behind the space describing the restriction?

It doesn't matter. They need to have all their ducks in line.

IANAL (and don't even play one on TV), but in any case there's nothing to be lost by appealing.


 
Posted : 28/01/2013 11:13 pm
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"the markings were in an ambiguous state of disrepair" should do the trick. Mate used those to get off parking on double yellows that weren't as bad as that.

You shouldn't be paying. Unless there was a big sign up on the pavement?


 
Posted : 28/01/2013 11:13 pm
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The only thing differentiating her bay from others was the remnants of some white writing on the road, nothing else.
if this is true then the ticket will definitely be thrown out on appeal. As althepal suggests there should be a sign but if it is missing/obscured then the appeal should be successful no problem. Quite a lot of these appeals are successful and it is normally down to incorrect/missing signage or markings.


 
Posted : 28/01/2013 11:14 pm
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BTW what is that supposed to say?


 
Posted : 28/01/2013 11:15 pm
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Surely if they didn't need the writing on the road they wouldn't have shelled out for it in the first place.


 
Posted : 28/01/2013 11:15 pm
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I would hazard a guess at "LOADING ONLY"


 
Posted : 28/01/2013 11:16 pm
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Cheers for the quick responses all. Will definately be using the words "the markings were in an ambiguous state of disrepair" in the appeal - sums it up nicely.

Thanks!


 
Posted : 28/01/2013 11:18 pm
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Could say "Parking Free" for all I know. I can barely make out a single letter! Jokers


 
Posted : 28/01/2013 11:19 pm
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I got off on a fine as markings were bad. The parking attendant claimed he had to enforce the fine, he had targets to meet & this would flag it up with the council to get the markings fixed. I claimed it wasn't possible to read the markings (it wasn't) took lots if photos and the fine wasn't enforced.

I think in the OP's photo its supposed to say 'loading' so I would guess loading only too. 'OADING' on the left of the picture.


 
Posted : 28/01/2013 11:24 pm
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That ticket should become null and void. Send pics and copy of ticket to council. Don't pay anything. If they still maintain their position, go to court.

They can't threaten you with the old trick of doubling the fine if you don't pay up within x days.

The this intimidating of law abiding citizens going about their business, keeping the local economy ticking over.

These councils need lessons in commercial awareness!


 
Posted : 28/01/2013 11:29 pm
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DO NOT go to court. If it has gone that far you will lose (CCJ plus costs) unless someone screwed up on the paperwork. Appeal to the council, they should cancel the PCN based on the markings. If they don't you can go to the Traffic Penalty Tribunal (outside of London) who are independent of the council. If THEY reject your appeal then you pretty much have no choice but to pay up.


 
Posted : 28/01/2013 11:42 pm
 poly
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About 10 yrs ago I appealed one where the restriction plate (on a pole) was hidden in an overgrown bush. It was issued by a "real" traffic warden not a council though. I was successful. The council cut the bush back soon after.

About 4 yrs ago my SIL had a situation similar to yours, with a badly worn disabled space. The plaque was actually on some railings rather than a pole. She claimed that there were wheely bins in front of it, plus it was dark when she parked. She got towed. She appealed and lost. Council wardens and already paid (because towed).


 
Posted : 29/01/2013 12:32 am
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he had targets to meet

what, and I repeat, what, the heck? so they dont want to reduce parking offences, as they have to meet targets? surely a fine based system is successful when it isn't bringing in money as every bugger parks correctly.

I bet that spot is a fudging goldmine.


 
Posted : 29/01/2013 8:05 am
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The thing is, your not supposed to park there. So even if the painting is a tad faded, your in the wrong.

Read some statistic somewhere that councils make a loss on parking fines, wardens/admin etc.
And no, they dont have a target to meet, thats like saying speeding cameras have a target to meet so randomly flash motorists. Or soldiers have a target to meet so kill a few civilians to round their quota for the weed off 🙂


 
Posted : 29/01/2013 8:34 am
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So how am I meant to know I'm not supposed to park there if the writing is a complete clip?

"A tad faded...." Really?? You seen the photo right?


 
Posted : 29/01/2013 8:51 am
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Read some statistic somewhere that councils make a loss on parking fines,

My local council makes a huge surplus. http://www.getreading.co.uk/news/s/2117793_reading_councils_17_million_parking_profit


 
Posted : 29/01/2013 9:01 am
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Just appeal, councils often have something resembling a reasonable appeals procedure if you believe you have been unfairly issued a ticket.

Only picked up one council ticket, forgot to reattach my permit to the rear view mirror after going to the shop. Managed to speak to the warden who understood and made a note. Went through the appeal process, ticket cancelled.

That said, if you've just been negligent that's something else. GF drove in a bus lane in Nottingham December and got nabbed by an ANPR, that was just tough luck should of been paying more attention.


 
Posted : 29/01/2013 9:02 am
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The process should be:

- Write an informal letter to the council. They'll probably refuse the appeal.
- Formal appeal. If they refuse this, take it to adjudication.
- Adjudication is a short face to face meeting. Adjudicators are unsympathetic if councils haven't done their job.

That marking is ridiculous.

Unfortunately going to adjudication means you can't pay the half-price offer if they made one. Nice.

I'd post this on the Pepipoo forum. They're proper experts


 
Posted : 29/01/2013 9:02 am
 poly
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nickewen - I think they may say: the bay marks a "parking area" that may have restrictions. The restrictions are stated on the plate mounted on a post / wall close by. Its your responsibility to read the plate, and the words on the road are just for convenience? But definitely worth trying to appeal.


 
Posted : 29/01/2013 9:03 am
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The council will probably refuse your direct appeals to them. My guess would be that they'd then drop it when they learn it's going to adjudication. But everyone's mileage varies.

I got off a ticket on the basis that the council had misinformed me about the restrictions in the reply to my informal appeal letter. Adjudicators don't like bad process.


 
Posted : 29/01/2013 9:05 am
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The thing is, your not supposed to park there. So even if the painting is a tad faded, your in the wrong.

+1 You'd have to be particularly obtuse to not realise there was something different about that space.
BUT if it was dark and you were unfamiliar with the area and you are special then you may get away with it.

What did she think it said?


 
Posted : 29/01/2013 9:08 am
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Take a picture and appeal. But was there a sign up if so turn it around and take a picture
is another way of getting away from paying the fine if you are in the wrong.


 
Posted : 29/01/2013 9:11 am
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So even if the painting is a tad faded, your in the wrong.

I'm the last to sympathise with most of what drivers do wrong, and get away with. But here, the council are trying to enforce a legal procedure against her. Therefore their markings, procedures, and paperwork should be spot on.

You'd have to be particularly obtuse to not realise there was something different about that space.

You'd have to be similarly obtuse to deny that on a wet winter's day in the dark or under streetlighting, it'd be easy to see that marking.


 
Posted : 29/01/2013 9:13 am
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You'd have to be similarly obtuse to deny that on a wet winter's day in the dark or under streetlighting, it'd be easy to see that marking.

BUT if it was dark and you were unfamiliar with the area and you are special then you may get away with it.

It's not just the marking though is it? Presumably the loading area was bordered with either double yellows or other parking bays which didn't have it. Basic observation skillz really.


 
Posted : 29/01/2013 9:20 am
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ive done this in the past - only space on a busy road in a strange town on a saturday night no special on the road markings

parking ticket sunday morning

think WTF and look about - spot the sign up a pole against the wall 6 foot away (particularly wide pavement)

was 25 quid i think ,hardly the end of the world and certainly not worth fighting.....


 
Posted : 29/01/2013 9:27 am
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Presumably

I don't think anyone should presume anything.


 
Posted : 29/01/2013 9:29 am
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In the past I've just taken the ticket straight round to the council offices with a photo on my phone and they've cancelled it immediately without fuss (in my case it was a yellow line that had been tarmaced over).


 
Posted : 29/01/2013 9:33 am
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a yellow line that had been tarmaced over

I cases like these the traffic warden should be made to pay the fine, that'd make 'em do some thinking for a change.


 
Posted : 29/01/2013 9:38 am
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Even if it is glaringly obvious that you shouldn't park there, if the markings aren't up to scratch the adjudication panel will find in your favour. My bet is if you send a photo to the council the ticket will be cancelled there & then.

was 25 quid i think ,hardly the end of the world and certainly not worth fighting

You should try sucking up to £255 (my car got impounded) for parking next to a drop kerb in an industrial estate in Ealing for an hour - when questioned the guy at the car pound described it as a "popular spot", then jumping through all the hoops to be allowed to collect your car that you have the keys for 👿


 
Posted : 29/01/2013 9:41 am
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yeah the beauty of scotland , towing and clamping are pretty much non events due to legislation.

on that note - how do they go about towing a 4wd car left in gear with the hand brake on ? just slide it along the floor ?


 
Posted : 29/01/2013 9:52 am
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Most of the London towtrucks I've seen are actually lifters-onto-flatbed


 
Posted : 29/01/2013 9:55 am
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yeah the beauty of scotland , towing and clamping are pretty much non events due to legislation.

Edinburgh has a fleet of vehicle lifters which just remove offending cars. I've even seen them [i]relocate[/i] legally parked cars that were just in the way for festival preparations. 😯

DVLA can still clamp in Scotland IIRC


 
Posted : 29/01/2013 10:01 am
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I must be one of the few who think traffic wardens do an important job. Imagine the carnage if you selfish car driving bastards just parked where you liked!

Dickyboy - Member
You should try sucking up to £255 (my car got impounded) for parking next to a drop kerb in an industrial estate in Ealing for an hour

243
DO NOT stop or park

where the kerb has been lowered to help wheelchair users and powered mobility vehicles
in front of an entrance to a property

[url] https://www.gov.uk/waiting-and-parking/parking-239-to-247 [/url]


 
Posted : 29/01/2013 10:06 am
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The mention of vehicle lifters does remind me that not all parking enforcement is bad. I remember many years ago in Cambridge watching one of those picking up an expensive Merc which had been parked in a particularly stupid spot. Just as they were lifting the owner returned and attempted to argue with the driver of the truck - was given a card (presumably with the address of the pound) and instructions on how to get a bus there. Look on her face was priceless.


 
Posted : 29/01/2013 10:13 am
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"where the kerb has been lowered to help wheelchair users and powered mobility vehicles
in front of an entrance to a property"

meanwhile you can park infront of someones drive aslong as its not occupied at the time 😉

i wouldnt thank you for it mind you - and youd find your car hard to get out when you got back 😉


 
Posted : 29/01/2013 10:16 am
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I appealed successfully a parking fine as my bumper was overhanging a designated parking bay. I just put it in writing to the adjudicator & was not called in person.


 
Posted : 29/01/2013 10:36 am
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I must be one of the few who think traffic wardens do an important job. Imagine the carnage if you selfish car driving bastards just parked where you liked!

Generally speaking I would agree with you on that, but on the basis of it being a "popular spot" might suggest that the council could have employed the use of better signage if there was a particular problem in one spot. I was bang to rights in this instance but had taken a risk after driving round trying to find somewhere to park for 15 mins - £255 was a bitter pill to swallow.

If it makes you feel any better when I got to the site I was visiting they actually had a car park available - which is the equivalent of rocking horse poo on building sites in London. 😳


 
Posted : 29/01/2013 10:54 am