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Old November 17th 04, 08:31 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Suing for frivolous parking ticket

On Wed, 17 Nov 2004 13:09:57 +0000, Roland Perry
wrote:

I've never found one that would roll-over the balance (35 mins) like
that. But most will stamp the ticket "9.00 am", rather than "17.30".


Milton Keynes won't, which is bloody irritating as it means you can't
go out for the evening, decide to have a drink and take a taxi home,
and therefore go and put a couple of quid in the pay and display
machine to cover your car until a sensible hour of the morning
(charges operate from 0700 to 1800). You instead need to go out and
move to one of the out-of-the-way free spaces once you have made said
decision.

Neil


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Old November 17th 04, 08:32 PM posted to uk.legal,uk.transport,uk.transport.london
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On Wed, 17 Nov 2004 18:59:36 -0000, " cupra"
wrote:

Milton Keynes (Central) do, too.


Really? Thanks - I stand corrected. They must have changed that (see
my other post, which I unfortunately made before reading this one) as
I'm sure I've been "caught" (not ticketed, just annoyed) by that one
before.

Neil

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Old November 17th 04, 08:43 PM posted to uk.legal,uk.transport,uk.transport.london
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Neil Williams wrote:
On Wed, 17 Nov 2004 18:59:36 -0000, " cupra"
wrote:

Milton Keynes (Central) do, too.


Really? Thanks - I stand corrected. They must have changed that (see
my other post, which I unfortunately made before reading this one) as
I'm sure I've been "caught" (not ticketed, just annoyed) by that one
before.

Neil


I'm sure it's the case - maybe it's Northampton I'm thinking of.....!
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Old November 17th 04, 08:45 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Suing for frivolous parking ticket

In message , at 21:31:12 on Wed, 17
Nov 2004, Neil Williams remarked:
I've never found one that would roll-over the balance (35 mins) like
that. But most will stamp the ticket "9.00 am", rather than "17.30".


Milton Keynes won't, which is bloody irritating as it means you can't
go out for the evening, decide to have a drink and take a taxi home,
and therefore go and put a couple of quid in the pay and display
machine to cover your car until a sensible hour of the morning
(charges operate from 0700 to 1800). You instead need to go out and
move to one of the out-of-the-way free spaces once you have made said
decision.


A real problem. I once stayed in a hotel in the historic centre of
Chester, so no on-site car parking. But because of the lack of roll-over
I was supposed to go down to the municipal car park at 7am to legalise
the morning session!
--
Roland Perry
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Old November 17th 04, 09:03 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Suing for frivolous parking ticket

David Bradley" wrote in message
...
On Wed, 17 Nov 2004 19:04:02 -0000, Conor
wrote:

In article , Nigel says...


Yes do take any legal action if you feel wronged by the Council, do it
through a legal representative who will ensure that you're
out-of-pocket-expenses are recovered and that any action you are
threatened with by the local authority is rescinded.

After all why should you pay for their inadequacies?

You're a lawyer aren't you? THe only person who will benefit will be
his lawyer and you can be sure the bill he'll be presented with will
far exceed the worth of a few phone calls, first class stamps and time
taken to write to them.

Oh, and the County Court will throw out frivolous claims but you can be
sure his lawyer won't forget the bill.


After reading this long thread, a simple question comes to mind:
Assuming the facts are as stated, what is the cheapest option that can
be taken to ensure the parking ticket is rescinded?

Would it be the cost of a postcard, with a postage stamp attached,
sent to the Council with a simple message stating they have made an
error? Perhaps not, because it would probably get "lost in the post",
so what can you do that would cost you no more than a £1?

David Bradley


I will send a copy of the Pay&Display ticket + my original parking ticket
tear-off + a digi-photo of the sign showing the controlled times, that way I
have all my bases covered.

The nearest PO to my work is the perpetually busy Maidenhead town centre,
which for me involves missing lunch so I can drive 3 miles there, queue for
a place in the multi-story car park and then queue for another 20 mins at
the post office to send it recorded. Its an hour of my work day that I am
wasting which at contractor rates works out at about £60. Of course I could
send it ordinary post, but the council recommends you send it recorded.

This thread is actually getting bigger than the issue itself :-), I was just
hoping for a few choice phrases to use in my letter. In reality all I want
is for them to say "sorry, our mistake", "the attendent has been
re-trained" or something like that.




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Old November 17th 04, 09:26 PM posted to uk.legal,uk.transport,uk.transport.london
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In message , at 22:03:38 on
Wed, 17 Nov 2004, Carlos remarked:
The nearest PO to my work is the perpetually busy Maidenhead town centre,
which for me involves missing lunch so I can drive 3 miles there, queue for
a place in the multi-story car park and then queue for another 20 mins at
the post office to send it recorded. Its an hour of my work day that I am
wasting which at contractor rates works out at about £60. Of course I could
send it ordinary post, but the council recommends you send it recorded.


There must be a sub-post-office you could park outside, easier to get to
than that! For example in Bray, or if you are to the north, at Norfolk
Park (1/4 mile as the crow flies north of the town centre one).
--
Roland Perry
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Old November 17th 04, 09:27 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Suing for frivolous parking ticket

On Wed, 17 Nov 2004 09:15:52 -0000, "Carlos"
wrote:

I parked in a pay-and-display area at 17:05. Put £1 in the machine (charge
is £1/hr) and the ticket came out valid until 17:30 after which time parking
is free. The signage also confirmed that parking is chargeable only between
09:00 - 17:30.

Came back to find a parking ticket, time-stamped at 17:36.

Clearly the parking attendant was trying it on, aware that a certain
percentage probably just pay up. But I want to make a stand and sue the
council for wasting my time. Would I be reasonable in charging a £50 admin
charge for having to issue an explanatory note..?

Cheers



That worked for me in other similar case of maladministration by
admittedly a private company, i.e. a bank.

Make a charge for the time you spend sorting this out and getting the
ticket cancelled. You'll have to establish a reasonable hourly charge
out rate - and only you can determine this. Err on the high side since
they'll probably knock your charged down.

There's certainly going to be the first letter to them, pointing out
the facts you've stated. Then if they're just as inefficient as many
council departments seem to be, and they don't reply in a reasonable
time, you'll have to charge for a second letter, and/or time spent on
the phone. You might be lucky and find that the left hand doesn't know
what the right's doing, and since you won't be paying this, they could
well issue an increased fine giving you another opportunity to lay it
on with them. Keep a note of the dates of relevant correspondence,
since all councils have targets set for responding to the public's
letters.

And don't forget the 'trauma' of being incorrectly treated as a
parking offender.

Good luck.


__
Richard Buttrey
Grappenhall, Cheshire, UK
__________________________
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Old November 17th 04, 09:32 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Suing for frivolous parking ticket

On Wed, 17 Nov 2004 22:03:38 -0000, "Carlos"
wrote:

David Bradley" wrote in message
.. .
On Wed, 17 Nov 2004 19:04:02 -0000, Conor
wrote:

In article , Nigel says...


Yes do take any legal action if you feel wronged by the Council, do it
through a legal representative who will ensure that you're
out-of-pocket-expenses are recovered and that any action you are
threatened with by the local authority is rescinded.

After all why should you pay for their inadequacies?

You're a lawyer aren't you? THe only person who will benefit will be
his lawyer and you can be sure the bill he'll be presented with will
far exceed the worth of a few phone calls, first class stamps and time
taken to write to them.

Oh, and the County Court will throw out frivolous claims but you can be
sure his lawyer won't forget the bill.


After reading this long thread, a simple question comes to mind:
Assuming the facts are as stated, what is the cheapest option that can
be taken to ensure the parking ticket is rescinded?

Would it be the cost of a postcard, with a postage stamp attached,
sent to the Council with a simple message stating they have made an
error? Perhaps not, because it would probably get "lost in the post",
so what can you do that would cost you no more than a £1?

David Bradley


I will send a copy of the Pay&Display ticket + my original parking ticket
tear-off + a digi-photo of the sign showing the controlled times, that way I
have all my bases covered.

The nearest PO to my work is the perpetually busy Maidenhead town centre,
which for me involves missing lunch so I can drive 3 miles there, queue for
a place in the multi-story car park and then queue for another 20 mins at
the post office to send it recorded. Its an hour of my work day that I am
wasting which at contractor rates works out at about £60. Of course I could
send it ordinary post, but the council recommends you send it recorded.

This thread is actually getting bigger than the issue itself :-), I was just
hoping for a few choice phrases to use in my letter. In reality all I want
is for them to say "sorry, our mistake", "the attendent has been
re-trained" or something like that.


The Council may recommend Recorded Delivery but the cost to you is
excessive. So my I suggest you send the documentation by email to the
Council requesting an acknowledgement of receipt by return. If you
don't get a response within a couple of days then escalate the issue
by re-sending the email to every Councillor.

David Bradley

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Old November 17th 04, 09:44 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Suing for frivolous parking ticket

On Wed, 17 Nov 2004 15:57:45 +0000, JohnB wrote:

Ham Spunter wrote:

"JohnB" wrote in message
...

Anyway I would happily lose money and time just to give Barnet Council a
headache.

And just how do you think Barnet Council will recoup the costs you
impose on them?

John B


Is that any reason not to request that his costs are not met?


Not if that's what he wants to do.

So, back to my question - How will Barnet will recover _their_ costs?

hint re-arrange: payers, tax


And theoretically, when the Council tax is raised to compensate for
the costs the council incurrs due either to the incompetence of its
own employees or the incompetence of the contractors the council
employs, the taxpayers will ask the question -" Why have these costs
been incurred?" and upon hearing the answer will vote out the shower
in power. The theory is that this democratic power concentrates the
minds of the councillors who are intent on doing either the best they
can for their constituents or staying on the gravy train as long as
they can.
Really what happens is that the councillors don't give a ****, they
blame the tax rise on anyone other than themselves, and they
effectively get a livetime season ticket to the gravy train.
--
Cheers

Peter

Remove the INVALID to reply
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Old November 17th 04, 11:26 PM posted to uk.legal,uk.transport,uk.transport.london
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Default Suing for frivolous parking ticket

You are entitled, under the RTA I believe (or perhaps under the
aprking regulations for the particular city) to make a claim for costs
only if the issue of the ticket or the councils refusal to allow your
appeal (I cannot remember which) is "frivilous, vexatious or wholly
unreasonable." Whether their behaviour is regarded in this category
is the decision of the parking adjudicator, who you will appear before
if the council refuse your appeal.

IANAL, only someone who has successfully appealed to the Parking
Appeals Service.


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