Your parking ticket may be unlawful

[seylectric]

Yes I thought Niel Herron might be interested. Will see what he has to say and update this with any developments.

[dw190]

"Date of Offence"

There is no Offence, this is a civil matter. (Decriminalised Parking Enforcement).

 

From what you say the ticket does not appear to comply.

 

If you load the tickey up to snapfish.com or imageshack.com you can place the link in a post. Don't forget to remove all personel id.

[seylectric]

[seylectric]

oops, sorry it's a bit big, not my forte this image hosting thingy. Have circled "Date of Offence in red".

[dw190]

The PCN only has the date of issue. It should also have a Date of Contravention.

 

AIUI the PCN should have the Date of Issue at the top of the Notice.

 

Your ticket has the Date of Issue in the place where the Date of Contravention should be.

 

The date highlighted in red (Date of Offence) is on the payment slip which (according to the Bury case) is NOT part of the PCN

http://www.parking-appeals.gov.uk/about/circulars/Wording%20of%20PCN.pdf

[seylectric]

That's exactly what I was getting at earlier, "Date of Contravention" doesn't appear anywhere on the document.

 

Additionally you can see how it could be argued that the payment slip is part of the PCN and not a seperate document.

 

This should be very interesting because I have bailiffs chasing me for three unpaid tickets, total now over £770. I'm not just looking to get my ticket cancelled, I want to hang the lot of 'em out to dry.

[seylectric]

Sent a reply to the council telling them that I believe their ticket is unlawful and why.

 

However this is interesting, gleaned from another thread in "General Knowledge". According to the website http://www.parkingticket.co.uk/em.html the PCN should also have the colur of the car noted on it.

 

"If colour of the vehicle is incorrectly recorded on a parking ticket is it valid?

 

PAs are required to make a note of a number of things, including the colour of the vehicle, all of which must be correctly recorded for the ticket to be valid"

 

 

As you can see from the ticket above, the colour of my car is not present anywhere on the ticket! So if that's true it's another reason why the ticket is invalid.

[Switch]

What a jobsworth I had the pleasure of meeting this afternoon.

 

I got a ticket this afternoon in a Council carpark, I was 9 minutes over the time of my ticket purchased.

 

My ticket expired at 13:40, the parking fine notification had been printed of at 13:49. The guy was walking away from the car as I approached it, he must have been there waiting for the seconds to roll over. 60.00 unless I pay within 14 days then its 30.00 tow rags.

 

The real frustrating thing is I went to the ticket machine on arrival paid my money, no ticket and no refund so had to goto to a different ticket machine, so in around about away although my tick was for an hour I had paid for two. Try proving that though.

 

Went to the council office to tell them that it was unreasonable and reported the broken machine to them as well, not in the least bit interested.

[deemacperth]

What a jobsworth I had the pleasure of meeting this afternoon.

 

I got a ticket this afternoon in a Council carpark, I was 9 minutes over the time of my ticket purchased.

 

My ticket expired at 13:40, the parking fine notification had been printed of at 13:49. The guy was walking away from the car as I approached it, he must have been there waiting for the seconds to roll over. 60.00 unless I pay within 14 days then its 30.00 tow rags.

 

The real frustrating thing is I went to the ticket machine on arrival paid my money, no ticket and no refund so had to goto to a different ticket machine, so in around about away although my tick was for an hour I had paid for two. Try proving that though.

 

Went to the council office to tell them that it was unreasonable and reported the broken machine to them as well, not in the least bit interested.

 

 

Read post 3 mate. Make sure the PCN is valid 1st. The majority of them still aren't.

[Switch]

Read post 3 mate. Make sure the PCN is valid 1st. The majority of them still aren't.

 

This one looks like it is within the requirements, but I will have a proper look later. The only differences I can is in post 3 it says 'Date of issue' whereas my says 'Date of noitice'. With regards to time mine says was seen in xxxxxxx Carpark at 13:49 by Parking Attendant (number) 051.

 

No mention though of when the vehicle was first seen but I don't see what difference that would make or am i missing the point here somewhere.

[MondeoST24]

If it doesn't say "date of issue" its unlawful

 

Dispute it.

[Switch]

If it doesn't say "date of issue" its unlawful

 

Dispute it.

 

Thanks MondeoST24,

 

The only reference to a date is 'Date of Notice', so I will dispute it.

 

Thanks

 

Switch

[seylectric]

Switch, keep us posted.

 

 

Interesting twist to my tale:

 

I figured that the council woud have received my appeal letter yesterday. A simple check would be all it took to see whether or not I have renewed the expired resident's parking permit yet (I haven't).

 

So it was no real surprise to see a traffic warden in a van at 7.30 pm last night pull up, slap another (invalid) ticket on my car, get back in his van and drive off.

 

Tonight at 8pm exactly the same thing happened. So basically I'm now being deliberately targeted. Are they allowed to do this? There were two wardens this time, the same guy who issued the ticket last night and another one. What's more, they drove to the next block, I followed and parked behind them, and they sat there (in a resident's parking zone) for no apparent reason that I could see for 15 minutes before driving off. Does the same "no parking without a permit" law not apply to them, then?

[robert_harper_2000]

Hey guys, Brilliant post! I didn't realise but people actually do have rights, there is a law!

 

No-one has mentioned if you could do a similar thing as you did with the banks with the data protection letter? Get copies of all the fines and then dispute them all, maybe adding 8% county court allowance?

 

Thanks, Rob

[Switch]

Switch, keep us posted.

 

 

Interesting twist to my tale:

 

I figured that the council woud have received my appeal letter yesterday. A simple check would be all it took to see whether or not I have renewed the expired resident's parking permit yet (I haven't).

 

So it was no real surprise to see a traffic warden in a van at 7.30 pm last night pull up, slap another (invalid) ticket on my car, get back in his van and drive off.

 

Tonight at 8pm exactly the same thing happened. So basically I'm now being deliberately targeted. Are they allowed to do this? There were two wardens this time, the same guy who issued the ticket last night and another one. What's more, they drove to the next block, I followed and parked behind them, and they sat there (in a resident's parking zone) for no apparent reason that I could see for 15 minutes before driving off. Does the same "no parking without a permit" law not apply to them, then?

 

Hi seylectric,

 

Hetic week at work, I am going to write my letter over the weekend, will post here before sending to hopefully get some feedback from you guys and girls.

 

I am also thinking about applying for refunds on I think 3 previous tickets (over the last 4 years so thats not too bad).

 

I need to make sure I reference all of the correct points in the Acts and relevant case law, so a little reading before I send off.

 

Regards

 

Switch

 

Regards

 

Switch

[seylectric]

This is turning into total hell. I am now being deliberately targeted. I got another parking ticket this morning, the third one in four days, for not renewing my £10 residents permit which expired on May 1st (I have been unable to collect my new one as the parking office closes before I finish work).

 

Not content with that they then sent out a tow truck to tow away my car. I stopped them before they were able to do anything, but this is now victimisation - another car was given a ticket for the same reason but no attempt was made to tow away that car so I'm obviously being targeted. I have now parked the car in a nearby street (no parking restrictions) so it *should* be safe there (but who knows when they resort to these tactics?).

 

I will now have to take the morning off work on Monday to get a permit, but this has gone too far and has to be stopped - especially if the tickets they are issuing are indeed proved to be illegal. Any suggestions on how to take this further? I'm tempted to phone the local press but don't want to make a prat of myself.

[daisy lighter]

This site just keeps on getting better!

I got a ticket on the 11/05 and was just planning to pay up (3rd in 3 months @ the same place)

Mine says Date notice attached 11/05/06.

Anybody know whether the law is the same in NI or even where I could find out?

 

Thanks

[seylectric]

Interesting email from appeal now.com:

 

"I will be on the Mike Dickin Show again this Sunday evening 10pm - 1am. I am delighted to say that Neil Herron (The People's No Campaign) will also be appearing.

 

The last few weeks since the Trevor McDonald show have sparked some amazing parking and congestion charge stories. So do listen in.

 

If you wish to call the programme ring 08704 20 20 20

 

Regards,

 

Barrie Segal

 

Founder of AppealNow.com"

 

I haven't yet looked to see which programme this refers to, will post here if I do find out.

 

Update: this looks like a feature on talksport. 1089/1053 AM

[joneshousehold]

Just stumbled across this site whilst looking for something else. Not sure if anyone has already posted a link but I couldn't see one when I quickly looked through the thread

 

http://www.thepeoplesnocampaign.co.uk/data/default.asp?id=116&loc=no

[seylectric]

That's Neil Herron's site, thanks for the link though, I hadn't realised it had not been posted yet.

 

Probably the best of those who are fighting this "cash machine" attitude of the local councils. Mr. Heeron's team have now published a copy of my PCN on the website.

[robert_harper_2000]

What does anyone think of a data protection letter? Why isn't anyone answering this question.

 

Great job

[MondeoST24]

You could definitely add the 8% to your claim, but whether parking fines are covered under DPA i'm not sure. I suppose it is personal data in a relevent filing system, name, address, dates etc. Someone more up to speed with the DPA could probably answer, mods?

[robert_harper_2000]

Well I have found 3 previous fines, each are printed incorrectly - so each could be argued with the 8%?

 

The DPA ... still goes unanswered then?

[seylectric]

If these tickets ARE found to be illegal/invalid then 8% interest is the least of their problems. I've been chased by bailiffs for three tickets dating back nearly two years, they now want a staggering £774.

 

All charges have to be reasonable, no sane man would judge £774 charges for three outstanding parking tix to be reasonable so that's illegal. Ongoing harrassment is illegal (non-stop letters, continued threats to take away my car EVEN THOUGH they have been informed that they can not legally do so), and so on.

 

Not only is all of this illegal, it now turns out that the tickets were issued illegally in the first place because they are wrongly worded so they are effectively chasing me for something they should be asking for in the first place. So as I said, 8% interest is the least of their problems. It may take a while, but watch this space...

[robert_harper_2000]

An answer! Under freedom of information act they have 20 days with full details.

 

I'm trying to get address for Brighton area now!

 

Get writing everyone lol