Fighting a parking ticket?
Discussion
Can anyone help. Some private company wrote to me telling me I had accrued a £100 fine for picking someone up outside Reading station. They have sent me a clear photo, showing me stopped with the passenger door open, admittedly over a Keep Clear section - the "drop off" section is marked on the road less than 10 yards in front of me and visible in the picture.
At the time the road was very busy so my passenger jumped into the car as I was there.
Interestingly, the letter is written without prejudice, presumably due to their offer to reduce the fine to £50 if paid within 14 days.
Now what is the definition of "parking" for the purposes of this fine? I was stationary, my passenger got in the car, I never got out. Is this "parking"? is the fact the drop off zone is 10 yards in front of me suggest this was a trap? I find it interesting that the camera is pointing at me, 10 yards past the drop off zone
any advise? I quite fancy defending this for a giggle. As defendant, it will be heard in my local county court so not too much time spent arsing around.
At the time the road was very busy so my passenger jumped into the car as I was there.
Interestingly, the letter is written without prejudice, presumably due to their offer to reduce the fine to £50 if paid within 14 days.
Now what is the definition of "parking" for the purposes of this fine? I was stationary, my passenger got in the car, I never got out. Is this "parking"? is the fact the drop off zone is 10 yards in front of me suggest this was a trap? I find it interesting that the camera is pointing at me, 10 yards past the drop off zone
any advise? I quite fancy defending this for a giggle. As defendant, it will be heard in my local county court so not too much time spent arsing around.
IIRC 'parking' is the car stationary, without the engine running and the driver not present. On the other hand 'waiting' is with the engine running and the driver in the car (although I am not sure the engine bit is a requirement).
In other words you were clearly not 'parked' therefore I would think you cannot get a 'parking' ticket.
In other words you were clearly not 'parked' therefore I would think you cannot get a 'parking' ticket.
shnozz said:
Can anyone help. Some private company wrote to me telling me I had accrued a £100 fine for picking someone up outside Reading station.
Sounds a bit spurious to me - a fine???
A private company is like a person - they are not the law - contest it, I'd be interested to see how they can prove you owe them any money in court!!!
...any lawyers on here?
puggit said:
Bin it 
http://makeashorterlink.com/?Y3F81225A
thats superb. ta muchly. Filed. In the bin.
shnozz said:
Globulators said:
...any lawyers on here?
Shnozz
its fairly infrequent that parking disputes come up in Defendant Industrial Disease litigation in fairness
Which is just as well as that sounds like a full time fun thing to be doing Phil
. 'spose it pays the bills and puts petrol in the tank though
. OT any sniffs yet for ya motor
Harry
HarryW said:
Which is just as well as that sounds like a full time fun thing to be doing Phil
OT any sniffs yet for ya motor
Harry
oh its a barrel of laughs Harry
In fact, work with some of your boys a fair bit. Had some interest in the car - not enough though obviously
shnozz said:
Which is just as well as that sounds like a full time fun thing to be doing Phil
OT any sniffs yet for ya motor
Harry
oh its a barrel of laughs Harry
Had some interest in the car - not enough though obviously
old or current boys .....
..... no wonder the bonus was a bit light this year what with having to keep you in wine, wimen, Tivs and all that . Harry
Schnozz
You could have a word with Railway Police at Reading Station to establish if where you stopped is BR Property or a LA piece of road.
If the later then there will be a Waiting/Parking Restriction Order with signs and lines prohibiting stopping and which may contain exemptions i.e. picking up/setting down. If one in force get sight of it through local BiB or LA Traffic Management Department. Check areas involved and any exemptions. I think you will find that enforcement is LA responsibility who may have sub=contracted out. Non-payment will be a civil debt recoverable through County Court.
Further BR Bib no doubt will be well aware of this problem and may have advice from previous complaints.
If owned by BR then you are in the land of the Wheel Clampers territory (Private land) and private County Court action and signing is of utmost importance. Have a read of this:
www.tinyurl.com/4zen5
Consider writing back before the 14 days expire saying you wish to appeal and need to know what authority is being used for the offence. This will give you time to gather evidence. There should be some information on the ticket about appealing. By appealing then the so call fine should be put on hold without increase while the matter is resolved one way or the other.
Would suggest you try and resolve one way or other rather than bin it as Firm could and I only say could, County Court you and next thing you know 6am visit by the Bailiffs.
DVD
You could have a word with Railway Police at Reading Station to establish if where you stopped is BR Property or a LA piece of road.
If the later then there will be a Waiting/Parking Restriction Order with signs and lines prohibiting stopping and which may contain exemptions i.e. picking up/setting down. If one in force get sight of it through local BiB or LA Traffic Management Department. Check areas involved and any exemptions. I think you will find that enforcement is LA responsibility who may have sub=contracted out. Non-payment will be a civil debt recoverable through County Court.
Further BR Bib no doubt will be well aware of this problem and may have advice from previous complaints.
If owned by BR then you are in the land of the Wheel Clampers territory (Private land) and private County Court action and signing is of utmost importance. Have a read of this:
www.tinyurl.com/4zen5
Consider writing back before the 14 days expire saying you wish to appeal and need to know what authority is being used for the offence. This will give you time to gather evidence. There should be some information on the ticket about appealing. By appealing then the so call fine should be put on hold without increase while the matter is resolved one way or the other.
Would suggest you try and resolve one way or other rather than bin it as Firm could and I only say could, County Court you and next thing you know 6am visit by the Bailiffs.
DVD
puggit said:
In the past someone was even 'ticketed' for parking up and getting out to read the warning signs - which used to be too small to read from a car, so they put new ones up!
Does that mean that you have to crawl along, reading the warning sign through the window of your car, but not stop for fear of getting a ticket!
really safe that!
I know what I'd do if said gorilla took a picture of my car. Start playing football with his digital camera!
These are the people who are given our details by the DVLA aren't they. It was discredited as un-enforceable on Fifth Gear a while ago.
Thanks Puggit.
Then by the look of it it aint a 'road' under RTAct as only for use by people using BR. So there won't be any Traffic Order. No offence under this aspect then.
So it is back to a civil matter.
AFAIAA under wheel clamping on private land ( I suspect same applies if you substitute fine for wheel clamping) then a person who parks without permission on said land and gets a ticket then owners of land trying to use a remedy at civil law so that compensation is paid. In Scotland this is considered to be extortion and theft. But the English Courts have said if there is clear Notices that parking without permission will result in Ticket, then providing driver saw said signs then to go on and park anyway is consent to being ticketed. But this does not give carte blanch action to owner of land and there has to be clear and prominent notice and "fine" reasonable.
So what to do.?
Pay (end of matter) or
not to pay and force owners of land/Enforcement Company to take action in County Court for their 50 notes and costs. A check with Reading County Court may reveal whether or not Company are in habit of full enforcement from previous cases. I so then it may be prudent to pay.
But if there is evidence that the firm do not push for County Court Action then one may chance being lucky and not pay (but sweat a bit).
Decisions, decisions for poor old Schnozz.
DVD
Then by the look of it it aint a 'road' under RTAct as only for use by people using BR. So there won't be any Traffic Order. No offence under this aspect then.
So it is back to a civil matter.
AFAIAA under wheel clamping on private land ( I suspect same applies if you substitute fine for wheel clamping) then a person who parks without permission on said land and gets a ticket then owners of land trying to use a remedy at civil law so that compensation is paid. In Scotland this is considered to be extortion and theft. But the English Courts have said if there is clear Notices that parking without permission will result in Ticket, then providing driver saw said signs then to go on and park anyway is consent to being ticketed. But this does not give carte blanch action to owner of land and there has to be clear and prominent notice and "fine" reasonable.
So what to do.?
Pay (end of matter) or
not to pay and force owners of land/Enforcement Company to take action in County Court for their 50 notes and costs. A check with Reading County Court may reveal whether or not Company are in habit of full enforcement from previous cases. I so then it may be prudent to pay.
But if there is evidence that the firm do not push for County Court Action then one may chance being lucky and not pay (but sweat a bit).
Decisions, decisions for poor old Schnozz.
DVD
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff