council car park,ticket not displayed. **Won**

[Jamberson]

it all depends if the adjudicator had a good nights sleep and your case is well presented

 

I think that's possibly a little unfair on the adjudicators. They are learned men and women, who take cases seriously. If you read the reports they write, they tend to be meticulous and refer to corresponding cases. I think the core legal points will determine the outcome rather than how it's presented. They can and do make allowances for lay people not quite getting their points right.

[Pete_the_Postman]

Fully agre with Jamberson regarding adjudicators. They are serious professionals.

 

However, don't forget that their remit is check that the parking warden acted in a legal manner, which in this case he/she did. The OP has already admitted that the ticket was not correctly displayed, albeit due to unfortunate circumstances. Therefore, the offence was committed. The Council has already rejected the appeal. Can't honestly see the adjudicator agreeing with the OP as his/her remit is purely to check that the warden did act according to the rules. Their decision must be based on legal arguements rather than moral.

 

I do feel sorry for the OP, but can't see him winning this one.

[Jamberson]

I don't think anyone would argue that the warden was at fault, and so the focus of the case shouldn't be with him/her at all. The matter really revolves around the council's discretion to cancel or enforce as they see fit. I agree it's unlikely the adjudicator will force them to cancel it, but maybe the magician will pull something out the hat!

[themagician]

Fully agre with Jamberson regarding adjudicators. They are serious professionals.

 

However, don't forget that their remit is check that the parking warden acted in a legal manner, which in this case he/she did. The OP has already admitted that the ticket was not correctly displayed, albeit due to unfortunate circumstances. Therefore, the offence was committed. The Council has already rejected the appeal. Can't honestly see the adjudicator agreeing with the OP as his/her remit is purely to check that the warden did act according to the rules. Their decision must be based on legal arguements rather than moral.

 

I do feel sorry for the OP, but can't see him winning this one.

please do not feel sorry for me ,save that for the weak & elderly who unfortunately know no better to help themselves.

but as said before its a gamble but I wonder who has all the aces ! and shows the best hand.

[Old Cogger]

shut down all car parks/councils/ false representation of Public Property

[Jamberson]

Shut down all car parks?

[themagician]

well well well,I did say who had all the aces! and who said I had something up my sleeve?.

and the doughters who thought I had no chance, WELL you got it wrong.

I WON I WON I WON .got the reply letter for my second representation clearly stating that they had looked into the matter further,and allowed my penalty charge to be cancelled.

I will be putting up the letter on hear as soon as I have a redacted copy"personal details removed".

Would admin like to change the title of this thread to" won against local authority penalty charge".

[Jamberson]

Excellent result. So what happened in the last three months? If nothing, I would think the council cancelled it because they let it time out (I think they have 56 days to respond to representations).

 

So all my doubts about what the adjudicator would do were irrelevant if it didn't get to them. You won against the odds - well done.

[themagician]

Excellent result. So what happened in the last three months? If nothing, I would think the council cancelled it because they let it time out (I think they have 56 days to respond to representations).

 

So all my doubts about what the adjudicator would do were irrelevant if it didn't get to them. You won against the odds - well done.

 

 

wrong again !!

ticket issued to driver on 23/01/2015, representation sent 26/01/2015, rejection letter received 05/02/2015.14 days to pay up.

did not pay in this time period so after 14 days the notice to keeper sent ,arrived 25/03/2015 ,have until 22/04/2015 to either pay or send the new representation,did not pay !.sent new representation on the 20/03/2015 rec del. sent to council parking services .

received cancellation notice on 25/04/2015. WON WON WON

.Made the fact clear that council parking regulations state that the driver of the vehicle must make sure that" ticket must be clearly visible at all times".

That's fine but for that to happen wouldn't the driver have to be either inside or out side the vehicle 100% of the time the vehicle was parked ?.

And as she did all that was humanly possible to make sure the ticket was correctly displayed prior to leaving the vehicle,and could not predict any unknown factor."acts of nature" etc.

moral of the story,be positive!, don't just roll over and give up,keep all the aces up your sleeves.oops sorry that's only me "themagician"

power to C.A.G.

[themagician]

.

double posting sorry..

Edited April 28, 2015 by themagician
double message.

[Jamberson]

I'm pleased for you, but you still won with the odds massively stacked against you, and I don't understand why the council cancelled it and suspect there's more to it than meets the eye.

 

If I were in that position, or anyone else on the forum, I'd still advise paying the discount while it's available. Believe me, you were never likely to win this, and being positive is fine, but not going to get people their PCNs cancelled.

[green_and_mean]

Most Councils just reject informal reps as a matter of routine and hope you pay, its the formal one that is actually seriously considered. Each Council has their own policy on discretion and as you obviously had a ticket to cover the period parked they showed compassion and let you off. But as Jamberson pointed out if it went to the next stage its black or white its either displayed or not and 99% of times adjudicators would not have cancelled.

[themagician]

Most Councils just reject informal reps as a matter of routine and hope you pay, its the formal one that is actually seriously considered. Each Council has their own policy on discretion and as you obviously had a ticket to cover the period parked they showed compassion and let you off. But as Jamberson pointed out if it went to the next stage its black or white its either displayed or not and 99% of times adjudicators would not have cancelled.

thanks for that, but you state 99% of all times they would not cancel it!. can you show us the statistics from where you quote this figure please.

also I can assume just like private pcn's the council rely on the public being panicked into paying at the first hurdle because of the 50% discount given.

mitigating circumstances is probably the golden word,and I think that in some cases maybe not all, these do play a big part of the system.

as we all know in life you take chances, some you win some you lose.

good luck to every else fighting this cause.

[green_and_mean]

thanks for that, but you state 99% of all times they would not cancel it!. can you show us the statistics from where you quote this figure please.

also I can assume just like private pcn's the council rely on the public being panicked into paying at the first hurdle because of the 50% discount given.

mitigating circumstances is probably the golden word,and I think that in some cases maybe not all, these do play a big part of the system.

as we all know in life you take chances, some you win some you lose.

good luck to every else fighting this cause.

 

 

 

I do not have exact figures but adjudicators rule on facts and the law not mitigation and if the tickets not displayed its not displayed they cannot change the facts of the case. Most people just cannot be bothered and do not understand the system which is why they pay the discount and in many cases its cheaper than the man hours wasted appealing.