It's people like who you drive up the cost of council tax. Wanting
compensation when a quick phone call will probably sort it all out.

No - actually it is the di**head overzealous parking attendents who issued a
PCN when (allegedly) one should not have been issued which causes shedload
of extra admin for the council.

"u n d e r a c h i e v e r" wrote in message
news:slrnbjdic8.7l9.takeme2yourNOMORESPAMPLEASE@sc ratch.garylaw.net...
On Tue, 5 Aug 2003 18:19:59 +0100, Dave
wrote: Mike Harrison
writes
feel free to claim costs for wasted time raising the appeal and taking
the pictures. keep the sum reasonable.

Is there any realistic chance of getting costs awarded though ?

Unlikely. The time and effort taken to make a phone call or write a
letter to the issuing authority will be less than the time and effort to
commence proceedings.

true, but the council may pay up anyway, especially if their is obvious
negligence on their part.

I *very* much doubt it.

failing that, you ask for costs when/if your case goes to a parking appeal,
or you can complain to the local gov. ombudsman.

Both of whom (adjudicator, ombudsman) will want to see evidence of the
motorist's actual loss, and are unlikely to award costs if no actual loss
has occurred.


Robin

No Flipping writes
It's people like who you drive up the cost of council tax. Wanting
compensation when a quick phone call will probably sort it all out.

No - actually it is the di**head overzealous parking attendents who
issued a PCN when (allegedly) one should not have been issued which
causes shedload of extra admin for the council.

And asking the council for compensation is going to help is it?

--
Dave

On Mon, 11 Aug 2003 11:14:04 +0100, Dave wrote:

No Flipping writes
It's people like who you drive up the cost of council tax. Wanting
compensation when a quick phone call will probably sort it all out.

No - actually it is the di**head overzealous parking attendents who
issued a PCN when (allegedly) one should not have been issued which
causes shedload of extra admin for the council.

And asking the council for compensation is going to help is it?
....well it might make them take more care not to issue illegal tickets in future, so yes, it could.
If everyone who received an illegal ticket took action for costs, it wouldn't take long for them to
sort it out, saving money in the long term.

Mike Harrison writes
And asking the council for compensation is going to help is it?
...well it might make them take more care not to issue illegal tickets
in future, so yes, it could.

But the council don't issue the ticket directly.

If everyone who received an illegal ticket took action for costs, it
wouldn't take long for them to sort it out, saving money in the long
term.

********. People will always make mistakes.

Parking attendant mis-reads parking restriction plate as Mon-Sat instead
of Mon-Fri; simple phone call or letter resolves problem. Are you going
to sue for emotional distress as well?

Wanting compensation for such things is, quite simply, pathetic.

--
Dave

On Mon, 11 Aug 2003 12:51:49 +0100, Dave wrote:

Mike Harrison writes
And asking the council for compensation is going to help is it?
...well it might make them take more care not to issue illegal tickets
in future, so yes, it could.

But the council don't issue the ticket directly.

But they employ the people who do.

If everyone who received an illegal ticket took action for costs, it
wouldn't take long for them to sort it out, saving money in the long
term.

********. People will always make mistakes.

If they know they will get into trouble for issuing bad tickets, they will be more careful

Parking attendant mis-reads parking restriction plate as Mon-Sat instead
of Mon-Fri; simple phone call or letter resolves problem. Are you going
to sue for emotional distress as well?

Wanting compensation for such things is, quite simply, pathetic.
IF a simple letter or call resolves it, I totally agree but there are no end of stories where
councils do not act reasonably/competently and cause significant hassle and cost for the victim.

At present they can issue truckloads of bad tickets in the knowledge that some will pay up anyway,
and if they don't the worst outcome is that the ticket gets cancelled.

If it has to go to the adjudictor and the appeal is upheld then it's usually because the council
has failed in its duty to deal fairly & reasonably

I think the system should be changed so that when a ticket is overturned by the adjudictor, the
appellant should AUTOMATICALLY be awarded the amount of the fine as compensation (i.e. higher award
if clamped, towed etc.) , and more at the discretion of the adjudicator if the council have acted
unreasonably or incompetently.

This policy would vastly reduce the abuses of the system by councils and their contractors.

Mike Harrison writes
I think the system should be changed so that when a ticket is
overturned by the adjudictor, the appellant should AUTOMATICALLY be
awarded the amount of the fine as compensation (i.e. higher award if
clamped, towed etc.) , and more at the discretion of the adjudicator
if the council have acted unreasonably or incompetently.

Just so long as the system also means that anybody making a frivolous
claim for compensation has to pay for the associated costs.

--
Dave

On Mon, 11 Aug 2003 14:06:52 +0100, Mike Harrison
wrote:

On Mon, 11 Aug 2003 12:51:49 +0100, Dave wrote:

Mike Harrison writes
And asking the council for compensation is going to help is it?
...well it might make them take more care not to issue illegal tickets
in future, so yes, it could.

But the council don't issue the ticket directly.

But they employ the people who do.

If everyone who received an illegal ticket took action for costs, it
wouldn't take long for them to sort it out, saving money in the long
term.

********. People will always make mistakes.

If they know they will get into trouble for issuing bad tickets, they will be more careful

Parking attendant mis-reads parking restriction plate as Mon-Sat instead
of Mon-Fri; simple phone call or letter resolves problem. Are you going
to sue for emotional distress as well?

Wanting compensation for such things is, quite simply, pathetic.
IF a simple letter or call resolves it, I totally agree but there are no end of stories where
councils do not act reasonably/competently and cause significant hassle and cost for the victim.

At present they can issue truckloads of bad tickets in the knowledge that some will pay up anyway,
and if they don't the worst outcome is that the ticket gets cancelled.

If it has to go to the adjudictor and the appeal is upheld then it's usually because the council
has failed in its duty to deal fairly & reasonably

I think the system should be changed so that when a ticket is overturned by the adjudictor, the
appellant should AUTOMATICALLY be awarded the amount of the fine as compensation (i.e. higher award
if clamped, towed etc.) , and more at the discretion of the adjudicator if the council have acted
unreasonably or incompetently.

This policy would vastly reduce the abuses of the system by councils and their contractors.

If the council hires contractors to do this work then any compensation
paid out by the council is a direct result of failure on the part of
the contractor. The councils should simply charge the ticketing
contractors penalties for each wrongfully issued ticket. That would
soon put a stop to the over zealous ticket issuer.

Contractor performance penalties have many many precidents in the UK
so setting this up shouldn't be too difficult.

Andrew

On Mon, 11 Aug 2003 00:00:04 +0100, Dave
wrote:

true, but the council may pay up anyway, especially if their is obvious
negligence on their part. failing that, you ask for costs when/if your
case goes to a parking appeal, or you can complain to the local gov.
ombudsman. it is always in your interests to get the claim in for costs
immediately, even if you don't bother following it through.

Yeah right.

It's people like who you drive up the cost of council tax. Wanting
compensation when a quick phone call will probably sort it all out.

what fantasy London are you living in?

no council ever cancels parking tickets on the basis of a phone call
(strangely, they are delighted to take your money this way).

some, unfortunately, can't be arsed to check even the most basic facts about
whether or not a ticket could possibily have been issue in the alledged
circumstances, even when you do write in. They hold out for the NtO stage
when the stakes, for the motorist, are higher, in the hope of getting paid
anyway

if they require the motorist to run around gathering evidence of a
non-existant offence they should be prepared to compensate when it is
demonstrated they were in the wrong. as others have pointed out, this
should be recoverable from the errant contractor.


--
u n d e r a c h i e v e r

u n d e r a c h i e v e r
writes
It's people like who you drive up the cost of council tax. Wanting
compensation when a quick phone call will probably sort it all out.

what fantasy London are you living in?

One where I have had a couple of parking tickets revoked by making a
simple phone call or writing a short letter. Both of which took up less
time than my contributions to this thread.


--
Dave