Parking ticket in Edinburgh for using a loading bay

Parking ticket in Edinburgh for using a loading bay

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Discussion

strath44

Original Poster:

1,358 posts

148 months

Thursday 19th January 2017
quotequote all
Hi Folks,

I received a ticket on my windscreen of my car for using a loading bay in Edinburgh.

It was genuine use where I was delivering heavy equipment to a client. The client had a customer and I had to wait till he was free.

When I came out the traffic warden said I had 5 minutes and he assumed I had not been using the space for loading (as stated on the ticket).

He noted I had come from the premises and said he would state this on the ticket info which was by this time issued.

I wrote to the council (online system) and they say that I would need to provide proof, which I have applied to my HR department at would and now 3 weeks later (ticket was on hold) I have submitted.

I got home today and they have written to say I have a ticket outstanding and I'm due for the full amount which is dated the same day I emailed the proof.

Has anyone any suggestions, I'm really annoyed at the waste of time this is and it was genuine use of the space.

valiant

10,217 posts

160 months

Thursday 19th January 2017
quotequote all
Do parking adjudicators exist in Scotland? If so take it to them.

Klippie

3,144 posts

145 months

Thursday 19th January 2017
quotequote all
They are parasites in Edinburgh I fking hate that place...I was given a ticket for parking over a motorcycle bay which you would have think was fair enough but it was covered in a thick blanket of snow which covered the lines, I got off with it as they agreed the warden was out of order.

JM

3,170 posts

206 months

Thursday 19th January 2017
quotequote all
Just reply stating your 'defence'.


Red Devil

13,060 posts

208 months

Friday 20th January 2017
quotequote all
valiant said:
Do parking adjudicators exist in Scotland? If so take it to them.
yes - https://www.mygov.scot/parking-appeals/how-to-appe...

I have no idea whether they are better/worse/much the same compared with those at London Tribunals/TPT in E&W though.

99dndd

2,084 posts

89 months

Friday 20th January 2017
quotequote all
Wouldn't the burden of proof lie on them to prove that you weren't using the bay for loading, not the other way round?

eybic

9,212 posts

174 months

Friday 20th January 2017
quotequote all
99dndd said:
Wouldn't the burden of proof lie on them to prove that you weren't using the bay for loading, not the other way round?
I doubt it, it's very hard to prove a negative.

jith

2,752 posts

215 months

Friday 20th January 2017
quotequote all
strath44 said:
Hi Folks,

I received a ticket on my windscreen of my car for using a loading bay in Edinburgh.

It was genuine use where I was delivering heavy equipment to a client. The client had a customer and I had to wait till he was free.

When I came out the traffic warden said I had 5 minutes and he assumed I had not been using the space for loading (as stated on the ticket).

He noted I had come from the premises and said he would state this on the ticket info which was by this time issued.

I wrote to the council (online system) and they say that I would need to provide proof, which I have applied to my HR department at would and now 3 weeks later (ticket was on hold) I have submitted.

I got home today and they have written to say I have a ticket outstanding and I'm due for the full amount which is dated the same day I emailed the proof.

Has anyone any suggestions, I'm really annoyed at the waste of time this is and it was genuine use of the space.
Serves you right for driving into Edinburgh; the worst run city in Europe.

We should all boycott the place until they remove the whole council, lock, stock and barrel.

You have a fight on your hands OP, because they are not interested in the truth or justice, just how much they can screw you for.

J

ModernAndy

2,094 posts

135 months

Friday 20th January 2017
quotequote all
99dndd said:
Wouldn't the burden of proof lie on them to prove that you weren't using the bay for loading, not the other way round?
burden of proof doesn't exist for parking adjudication, it's done on balance of probabilities.

jeremyh1

1,358 posts

127 months

Friday 20th January 2017
quotequote all
I run a courier company down here in Devon and have successfully challenged a loading bay fine on a car delivering credit card machines I simply sent a copy of the delivery note/proof of delivery
If you dont have that you might have an email confirming the order from your customer that you can send to them
Eplain to the parking departmnt that you want to challenge it in a magistrates court
People that park in loading bays that are not working should be dunked in the river
They are basically taking away the ability for somebody to do there job .


AGK

1,601 posts

155 months

Friday 20th January 2017
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Were you longer than 30 minutes?

grumpyscot

1,277 posts

192 months

Monday 23rd January 2017
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Ah, Edinburgh. The city where they booked a hearse while they were loading a coffin into it. The city where they booked an ambulance using blue lights that had stopped in a resident's only bay while attending to a patient. The city that booked a fire appliance which was within the police "do not cross" tape!

Edinburgh, where all the councillors' car regies are passed to the parking attendants with instructions never to book them.

Edinburgh, where they went over budget by many, many millions (about 600 of them) to create a tram line that is only 20% used according to figures published today) and is actually slower than using the bus to come in from the airport!

Edinburgh, where they've introduced a 20 mph speed limit throughout the city, with only a few exceptions on the main arterial routes.

Edinburgh, where they make a tram stop at lights but the length of it means it also blocks the junction just passed.

Edinburgh, which has a festival at Xmas/ New Year but actually PAYS a company to provide entertainment that runs at a huge profit - but no money goes back to the council.

Edinburgh, where the council prefers to spend money on 20mph limits (which you couldn't exceed because of the potholes anyway) instead of putting money into a circular railway round the city to alleviate traffic (the lines already exist)

Edinburgh, where they installed a tram system on a guage different to anywhere else in te UK, so cannot use the trams anywhere else - especially not on the circular railway that circles the city.

Rant suspended..................

jshell

11,006 posts

205 months

Monday 23rd January 2017
quotequote all
strath44 said:
Has anyone any suggestions, I'm really annoyed at the waste of time this is and it was genuine use of the space.
Appeal!

They always reject the first one, just appeal and you might make it like many others do!

Red Devil

13,060 posts

208 months

Monday 23rd January 2017
quotequote all
grumpyscot said:
Edinburgh, where they installed a tram system on a guage different to anywhere else in te UK, so cannot use the trams anywhere else - especially not on the circular railway that circles the city.
Do you have evidence of that? If it were true how do you explain this? - https://www.railnews.co.uk/news/metro/2011/03/24-s...
The extra stock was due to the line being cut back to York Place after the rolling stock contract was in place.
Large chunks of Tramlink took over former BR/Railtrack lines - http://www.nycsubway.org/wiki/London_Tramlink.
It is far more likely the problem of running trams on Network Rail routes in Edinburgh will be platform height not gauge.

What can't be dispute is the unholy mess the whole project turned out to be with prelim works issues and contract disputes breaking out all over.
The timing coinciding with the banking crisis didn't help either. Ended up massively over the original costings - http://www.bbc.co.uk/news/uk-scotland-edinburgh-ea...

So much for the Scots being careful with money. wink
I guess that doesn't apply when it not yours you;re playing with though...

bobthebench

398 posts

263 months

Tuesday 31st January 2017
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Search for SPAS - Scottish Parking Appeal Service. It's run by the Traffic Commissioner for Scotland, and appeal to them. You will need to go through the council appeal process first, but expect the council to refuse whatever the case. Apply then to SPAS and explain in clear simple language what happened and timings. Council will challenge it, but probably only in writing. Best if you turn up at the hearing. Success rate is over 50%.

Red Devil

13,060 posts

208 months

Tuesday 31st January 2017
quotequote all
Keep up at the back. smile

I posted a link to the relevant site 11 days ago.
Btw, the correct name for the appeal body is the Parking & Bus Lane Tribunal for Scotland.