Brighton council PCN - Pay and Display - Appeal Failed on Parking Ticket

[Guest Ting]

You're starting to enjoy this now aren't you!!!

 

it's very good. Still a bit harshly 'accusing' but hey it's your appeal and you can hit them as hard as you like.

 

don't forget that it is always worth mentioning that you did in fact pay to park. It gives them a back door way out!

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[robert_harper_2000]

lol yeah I forgot that I had paid and displayed the ticket! Could add it as a pS

 

I'll re-read and tone it down abit perhaps, looking forward to the response. Cheers, if this works I'll get in touch with the local paper and try and get abit of publicity for CAG

[robert_harper_2000]

I have repeatly called my council and been assured that I will be email a copy of the traffic order but each time nothing happens. I gather from other posts I am entitled to this under the freedom of information act.

 

What is the correct wording and what happens if they continue to ignore my requests?

[crem]

I don't believe a FoI request is required as a TRO is a public document anyway.

 

You may be more successful calling into your council office and requesting a copy in person.

[Guest Ting]

Yep. Find out where they are and just go. they will be a bit phased but it is your right.

relevant legislation is something like (not sure -doing this from memory)

 

Local Authorities Traffic Orders (procedures) Act. - something like that and think it might be 1990.

 

Always best to see the original anyway because worth checking it is all signed and sealed properly (it's a council remember - they get things wrong i understand.

 

So look at the section relevant to your piece of road but also look at the opening and closing stuff - err i think.

 

post coming - got something for you.

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[Guest Ting]

Here ya go.

 

Nephew Again! - FightBack Forums

 

Nephew Again! - FightBack Forums

FORUMS.National Consumer Service.COM

 

just something of interest for you.

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[Guest Ting]

Actually, just remebered. there's a 'sticky' on that forum all about TROs and probably quotes what you need to look at and the statute.

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[robert_harper_2000]

cool thanks, lol I've started looking at all parking bays now - getting sad now

 

I asked council and they just pass me through to the parking who keep promising but delivering nothing

[Guest Ting]

cool thanks, lol I've started looking at all parking bays now - getting sad now

 

 

I did for a while - and getting that urge to approach people and say "you can appeal that you know" (never actually did)

 

The effect wears off after a while - when you realise that it's such a high percentage it becomes pointless noticing!

 

Do not let the Council dictate to you by insisting on sending it. Insist that you be allowed to view it and get names and keep records of calls!

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read that 'sticky' i mentioned.

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[robert_harper_2000]

you don't have the link to the sticky do ya? so I need to actually go to the council and look it up in their books? If you had the reg. at least when they deny knowledge of what I'm talking about I could argue better

[Guest Ting]

It will be in the FAQs somewhere.

 

Link to what I gave you and out from that to the parking forum. try FAQs from there or link further out to multiple forum page and check in FAQs there.

 

it's there somewhere.

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[robert_harper_2000]

Brilliant cases in there, clever guys but I can't seem to find exactly the regs on TRO

 

thanks though

[Guest Ting]

Hmmm. I have to concede that although I'm sure it's been mentioned several times I can't find it myself either!.

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[Guest Ting]

Sorry about that.

 

Contrary to what some believe though - they won't bite your head off if you post and explain the obstruction you are experiencing.

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[patdavies]

Could I just point out for all the armchair lawyers, that a request under the FoI may* not result in obtaining a copy of a TRO. A TRO is an exempt document

 

There is a specific exemption for documents available by other means. A TRO is a public document, available on demand from the highway authority or their agents and thus subject to this exemption and not obtainable via FoI

 

* I write 'may' becasue often a Council will send it anyway, regardless of the invalidity of the method of request

[lamma]

getting a TRO http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=local+government+act&Year=1972&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2431824&ActiveTextDocId=2432106&filesize=17349 the procedure for creating one (which must be followed of the TRO is invalid) The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 what should be in a TRO The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (No. 2489) - Statute Law Database

[Guest Ting]

That sorted that then! LOL.

[robert_harper_2000]

damn e-mailed asking for the copy under the FoI act... oops

 

Been promised a copy when I called but as usual nothing happens... shame we aren't allowed to check they do things properly!

[robert_harper_2000]

WON WON WON

 

Didn't mention the fact I had purchased a ticket just said thank you for pointing out the markings needed reviewing and the ticket is cancelled.

 

What happens if they continue to get wardens issuing tickets? Surely this would be a injustice, knowingly issuing tickets that shouldn't be issued?

[robert_harper_2000]

We won I should say, nice one everyone!! I want another ticket lol do you think if I re-park could they issue more tickets? could keep my letter as a template I guess lol

[lamma]

well done - get the publicity out. I bet they are still ticketing there just as fast as they can.

[Guest Ting]

WON WON WON

 

just said thank you for pointing out the markings needed reviewing

QUOTE]

 

I had to re-read that several times !!! Never heard of such a response, LOL !

 

Well done - and well done for listening mate!

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[robert_harper_2000]

But is there any recourse? I mean for issuing tickets they know are non-compliant?

[Guest Ting]

well it's been done. one pepipoo member succeeded in getiing2.25 mio refunded in one Scottish city. Tough though.

[Guest Ting]

Sorry 2.65 mio