Council parking contravention despite valid ticket.........
Discussion
...........I'm guessing this is a case of suck it up but would love to fight them on it if possible!
On the 3rd March I parked in a council-administered parking area and bought a valid ticket. On return, there was a warden writing up a 'contravention notice' as the ticket was partially obscured having slipped down the dash. No problem he said, he couldn't cancel the contravention as "I've already entered it into the system mate, but if you appeal then they should overturn it".
A bit of a pain I thought, but not the wardens fault. So I duly appealed including a copy of the valid ticket and received the following response:
On the 3rd March I parked in a council-administered parking area and bought a valid ticket. On return, there was a warden writing up a 'contravention notice' as the ticket was partially obscured having slipped down the dash. No problem he said, he couldn't cancel the contravention as "I've already entered it into the system mate, but if you appeal then they should overturn it".
A bit of a pain I thought, but not the wardens fault. So I duly appealed including a copy of the valid ticket and received the following response:
Elaine in Parking Services said:
"Your comments are noted however possession or purchase of a pay and display ticket alone is not sufficient. It must be visibly displayed continuously in such a way that the Civil Enforcement Officer can clearly read or ascertain all the details thereon. This is a lawful requirement and failure to do so constitutes a parking contravention."
Haven't been able to re-visit the scene of the crime as it's many, many miles away but on the face of it, am I going to have to stump up the 50 quid? Boils my piss if so.....No doubt their standard 1st response. Take it to the next level of appeal. Ask for the photos that shows the alleged obscured ticket,if its only the name of the Council that is covered and you can still read the time etc,they should have no chance. Even if not, it is worth an appeal. I had the same problem,ticket fell right down,I enclosed a copy of it on appeal and it was cancelled.
kowalski655 said:
No doubt their standard 1st response. Take it to the next level of appeal. Ask for the photos that shows the alleged obscured ticket,if its only the name of the Council that is covered and you can still read the time etc,they should have no chance. Even if not, it is worth an appeal. I had the same problem,ticket fell right down,I enclosed a copy of it on appeal and it was cancelled.
^^This^^However, the council is relying on - http://www.legislation.gov.uk/uksi/2007/3483/regul...
On street: contravention code 06, or off street: contravention code 83 - http://www.appealnow.com/parking-tickets/contraven...
Imo if the local authority continues to pursue this it is indicative of a jobsworth mentality and a desire to extract extra cash from the motorist rather than any concern for parking/traffic management. Personally I would fight it all the way. OP, if you do decide to do so you may find the following of interest.
DfT Guideline pp 89/90 said:
11.4 An authority has a discretionary power to cancel a PCN at any point throughout the CPE process. It can do this even when an undoubted contravention has occurred if the authority deems it to be appropriate in the circumstances of the case. Under general principles of public law, authorities have a duty to act fairly and proportionately and are encouraged to exercise discretion sensibly and reasonably and with due regard to the public interest.
11.5 Enforcement authorities have a duty not to fetter their discretion, so should ensure that PCNs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations. They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings. Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.
.11.5 Enforcement authorities have a duty not to fetter their discretion, so should ensure that PCNs, NtOs, leaflets and any other advice they give do not mislead the public about what they may consider in the way of representations. They should approach the exercise of discretion objectively and without regard to any financial interest in the penalty or decisions that may have been taken at an earlier stage in proceedings. Authorities should formulate (with advice from their legal department) and then publish their policies on the exercise of discretion. They should apply these policies flexibly and judge each case on its merits. An enforcement authority should be ready to depart from its policies if the particular circumstances of the case warrant it.
https://www.gov.uk/government/uploads/system/uploa...
The issue of discretion is also covered in Section D of the LGO Special Report re Parking Enforcement by Local Authorities.
The link can be found here - http://www.lgo.org.uk/publications/advice-and-guid...
However I recommend reading the whole document as it contains a lot of useful ammunition.
Fluttering tickets is a well known issue. This and the exercise of discretion by local authorities is covered extensively in the The Joint Report of the Parking Adjudicators for England and Wales 2006 - http://www.manchester.gov.uk/download/meetings/id/...
Don't forget to ask for a copy of the relevant TRO/TMO.
An example of a successful appeal here - http://keycases.parkingandtrafficappeals.gov.uk/do...
That was in London. However, if the OP appeals it will be heard by the TPT not PATAS. I don't know how much notice, if any, they take of each other's decisions.
If the local authority has outsourced its enforcement to a private company (which a great many do) then read this.
http://forums.pepipoo.com/index.php?act=attach&...
Jim1556 said:
I'd be refusing to pay and opt to go to court.
No such option. DPE (Decriminalised Parking Enforcement) contraventions are not dealt with in that way. Appeals are heard by an adjudicator at a Tribunal (see above) not by a magistrate in court.Red Devil said:
Jim1556 said:
I'd be refusing to pay and opt to go to court.
No such option. DPE (Decriminalised Parking Enforcement) contraventions are not dealt with in that way. Appeals are heard by an adjudicator at a Tribunal (see above) not by a magistrate in court.Sheepshanks said:
Red Devil said:
Jim1556 said:
I'd be refusing to pay and opt to go to court.
No such option. DPE (Decriminalised Parking Enforcement) contraventions are not dealt with in that way. Appeals are heard by an adjudicator at a Tribunal (see above) not by a magistrate in court.I'm not sure you understand the process. There is no court hearing at which the transgressor can appear. The local authority will register the unpaid Charge Certificate as a debt. If it remains unpaid the county court will authorise an Order for Recovery. There are very limited grounds on which such an Order can be challenged. Absent any of those, continued non-payment will lead to a Warrant of Execution being obtained.
Except for a valid challenge to an Order for Recovery, any dispute about the validity of a PCN must be raised much earlier on and in any case it is not dealt with by a court - http://www.patas.gov.uk/tmaadjudicators/tmaparking...
Red Devil said:
...... good stuff ...
I'll add the requirement not to be unduly formulaic. OP, the organisation responsible for issuing the PCN may have a website, on that website may be a copy of the organisation's policy on discretion WRT parking, this should give you added ammunition.
Red Devil said:
I may be wrong but I don't think that is what he was talking about. I took it to mean that a court would decide on the validity of the PCN (it won't, as it's not within its remit to do so).
Thanks RD, that's exactly what I meant (The Adjudicator, as seen on TV - Parking Wars I think), I was at work on my phone.As has been said, this is clearly a
I had a parking ticket some years ago, but as my ticket had actually fallen off the dash into the footwell, the TW couldn't see it - I'd left the windows ajar as it was quite hot.
I phoned the issuing authority, popped into their office with an explanation and an apology, they cancelled the ticket there and then...
That's how the OP's situation should've played out...
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff