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u n d e r a c h i e v e r August 4th 03 11:25 PM

Parking ticket - advice, please?
 
On 4 Aug 2003 03:44:26 -0700, AOL's down again...
wrote: Hi folks.

On saturday last, I got a parking ticket in the delightful London
borough of Southwark. The ticket was issued by APCOA Parking for and
on behalf of the aforementioned London Borough. I was parked in a bay
marked "PERMIT HOLDERS ONLY MON-FRI 8am - 6pm". The ticket states that
the attendant believed I was "PARKED IN A PERMIT BAY WITHOUT
DISPLAYING A VALID PERMIT".

Clearly, as this happened on a saturday, I don't want to pay the £100
fine, nor do I want to pay the "reduced" £50 charge for paying within
14 days.


if you dispute the charge under no circumstances pay it now

Can anyone help me out with the correct (i.e. best) way to go about
this? Do I have to wait until after 28 days has elapsed and they send
me out the "NOTICE TO OWNER" and then put my case to "The Parking
Shop" in writing (including the photos I took with my mobile phone"?
Is there nothing I can or should do in the meantime?


write to either (a) chief exec of the council (b) parking manager
at the town hall. Do not write to the contractor that issued the
ticket; the parking appeals people can't help you, yet, either.
keep copies of your correspondence and their reply.

take a picture of the sign, and the position of the vehicle. this
might come in handy if you need to escalate the matter to an appeal.

feel free to claim costs for wasted time raising the appeal and taking
the pictures. keep the sum reasonable.

be very polite -- these people are used to receiving a torrent of
abuse from the public -- but firm, it works wonders.

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

AOL's down again... August 5th 03 09:40 AM

Parking ticket - advice, please?
 
And another thing - the sticky strip that I guess is supposed to be
used by the Parking Attendant to stick the thing to my windscreen
wasn't removed - it's semi transparent and I can read through it
"Officer please remove this tape".

I don't s'pose for a minute this makes any difference whatsoever but
I'd look a right plonker if it turned out to be some devastating legal
loophole!

Cheers folks,

John

Robin Cox August 5th 03 11:05 AM

Parking ticket - advice, please?
 
"Mike Harrison" wrote in message
...
On 4 Aug 2003 23:25:12 GMT, u n d e r a c h i e v e r
wrote:

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 ?


Not in this case.


Robin



Dave August 5th 03 05:19 PM

Parking ticket - advice, please?
 
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.

--
Dave

Cal Nihoni August 6th 03 12:18 PM

Parking ticket - advice, please?
 
Steve Naïve wrote:
(AOL's down again...) wrote in
om:

And another thing - the sticky strip that I guess is supposed to be
used by the Parking Attendant to stick the thing to my windscreen
wasn't removed - it's semi transparent and I can read through it
"Officer please remove this tape".

I don't s'pose for a minute this makes any difference whatsoever but
I'd look a right plonker if it turned out to be some devastating
legal loophole!


To be valid the ticket must be either handed to the driver or fixed
to the vehicle. However, I suppose you must argue whether to place
it under the wiper was sufficient to 'fix' it to the vehicle.


Around Hammersmith Broadway there are signs on the lampposts stating:

"Parking Restrictions Enforced By Camera. Motorists committing parking
offences will receive a ticket by post"

I have always assumed these to be an empty and unenforceable threat.

Not entirely relevant but I thought I'd mention it.



Robin Cox August 6th 03 01:31 PM

Parking ticket - advice, please?
 
"Cal Nihoni" wrote in message
...
Steve Naïve wrote:
(AOL's down again...) wrote in
om:

And another thing - the sticky strip that I guess is supposed to be
used by the Parking Attendant to stick the thing to my windscreen
wasn't removed - it's semi transparent and I can read through it
"Officer please remove this tape".

I don't s'pose for a minute this makes any difference whatsoever but
I'd look a right plonker if it turned out to be some devastating
legal loophole!


To be valid the ticket must be either handed to the driver or fixed
to the vehicle. However, I suppose you must argue whether to place
it under the wiper was sufficient to 'fix' it to the vehicle.


Around Hammersmith Broadway there are signs on the lampposts stating:

"Parking Restrictions Enforced By Camera. Motorists committing parking
offences will receive a ticket by post"

I have always assumed these to be an empty and unenforceable threat.


No, Hammersmith are piloting a scheme where parking contraventions detected
by CCTV are enforced by sending the PCN to the registered keeper.

Also, there are currently six boroughs enforcing bus lane regulations using CCTV cameras
(London Boroughs of Newham, Croydon, Hammersmith and Fulham, Ealing, Wandsworth
and Southwark). In addition, applications from the Corporation of London and the London
Borough of Lambeth have been approved and it is hoped that both boroughs will commence
enforcement in the near future.

The London Local Authorities Act 1996 gave the London boroughs powers to
use CCTV cameras to enforce bus lane regulations. The London Local Authorities
Act 2000 gave the London boroughs powers to enforce parking contraventions
using CCTV cameras.


Robin



Robin May August 6th 03 09:05 PM

Parking ticket - advice, please?
 
"Robin Cox" wrote the following in:


Also, there are currently six boroughs enforcing bus lane
regulations using CCTV cameras (London Boroughs of Newham,
Croydon, Hammersmith and Fulham, Ealing, Wandsworth and
Southwark).


What about Tower Hamlets? I've seen lots of signs there saying that bus
lane enforcement cameras are in operation there.

--
message by Robin May, founder of International Boyism
"Would Inspector Sands please go to the Operations Room immediately."

Unofficially immune to hangovers.

Robin Cox August 7th 03 12:14 PM

Parking ticket - advice, please?
 
"Robin May" wrote in message
...
"Robin Cox" wrote the following in:


Also, there are currently six boroughs enforcing bus lane
regulations using CCTV cameras (London Boroughs of Newham,
Croydon, Hammersmith and Fulham, Ealing, Wandsworth and
Southwark).


What about Tower Hamlets? I've seen lots of signs there saying that bus
lane enforcement cameras are in operation there.


Sorry, my information was out of date.

Current information from the ALG-TEC website:

=====
CCTV enforcement of bus lane regulations

4. There are currently seven boroughs enforcing bus lane regulations using
CCTV cameras (London Boroughs of Newham, Croydon, Hammersmith and
Fulham, Ealing, Wandsworth Southwark and Camden). In addition,
applications from the Corporation of London and the London Boroughs of
Lambeth, Richmond, Harrow, Enfield, Merton, Bexley, Haringey, Tower
Hamlets, Waltham Forest, Bromley and Hillingdon to commence CCTV
enforcement of bus lane regulations have been approved and it is hoped that
these boroughs will commence enforcement in the near future.

CCTV enforcement of parking regulations

5. CCTV camera enforcement of parking regulations commenced in August 2001
with a two borough demonstration project involving the London Boroughs of
Newham and Croydon. Based on the success of the pilot project, it was agreed
at the ALG TEC Executive Sub Committee on the 18 July 2002 (Item No 4), that
the demonstration project be brought to a close and that other boroughs be
invited to submit applications to the Committee to commence CCTV enforcement
of parking regulations. Applications from the London Boroughs of Ealing,
Hammersmith and Fulham, Southwark, Lambeth, Camden, Haringey, Merton,
Enfield, Tower Hamlets, Richmond and Hillingdon to commence CCTV
enforcement of parking regulations have been approved.

6. At present the London Boroughs of Newham, Croydon, Camden, Southwark
and Hammersmith and Fulham have commenced CCTV enforcement of parking
regulations.

Application to commence CCTV enforcement from the London Borough of
Wandsworth

7. An application to commence CCTV enforcement of parking regulations has
been received from the London Borough of Wandsworth. Approval has already
been given for the London Borough of Wandsworth to enforce bus lane regulations
using CCTV cameras. The London Borough of Wandsworth is proposing to
commence CCTV enforcement of parking regulations at three locations in the
borough from the end of 1 September 2003. Members are recommended to
approve the application from the London Borough of Wandsworth as it meets the
criteria set down by the Committee.
=====


Robin



u n d e r a c h i e v e r August 10th 03 10:39 PM

Parking ticket - advice, please?
 
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. 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.

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

Dave August 10th 03 11:00 PM

Parking ticket - advice, please?
 
u n d e r a c h i e v e r
writes
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. 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.

--
Dave

No Flipping August 11th 03 01:04 AM

Parking ticket - advice, please?
 

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.



Robin Cox August 11th 03 07:46 AM

Parking ticket - advice, please?
 
"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



Dave August 11th 03 10:14 AM

Parking ticket - advice, please?
 
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

Mike Harrison August 11th 03 11:36 AM

Parking ticket - advice, please?
 
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.


Dave August 11th 03 11:51 AM

Parking ticket - advice, please?
 
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

Mike Harrison August 11th 03 01:06 PM

Parking ticket - advice, please?
 
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.


Dave August 11th 03 01:41 PM

Parking ticket - advice, please?
 
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

Andrew Cocker August 11th 03 03:35 PM

Parking ticket - advice, please?
 
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


u n d e r a c h i e v e r August 13th 03 01:43 PM

Parking ticket - advice, please?
 
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

Dave August 13th 03 02:28 PM

Parking ticket - advice, please?
 
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

u n d e r a c h i e v e r August 15th 03 11:16 PM

Parking ticket - advice, please?
 
On Wed, 13 Aug 2003 15:28:13 +0100, Dave
wrote: 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.


i am astonished, and stand corrected. my local authority demands something
in writing in all circumstances. i understood this to be custom and practice
across London.

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

Joe Patrick August 18th 03 08:38 PM

Parking ticket - advice, please?
 
absolutely. i wasn't suggesting that someone invent costs just to try
and claim them back.


My mum with her blue badge was given a Parking Ticket for having the front
of her car just sticking out of the bay onto the yellows not blocking
anything. To get it resolved, all that was needed was a stamp and a strongly
worded letter.




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