got a parking ticket, perhaps unfairly
got a parking ticket, perhaps unfairly
Author
Discussion

bryan35

Original Poster:

1,906 posts

271 months

Wednesday 19th October 2005
quotequote all
Work in Hull, and have been parking in the same car park for the last 3 years on annual car park passes. The car park was sold to a 'large' car park company earlier this year.
The car part is not in the best state of repair and the yellow boxes are flaking away near the open entrance area of the car park. Some of this area has been tarmac'd and no further paint has been done.
Been no prob for 3 years, but yesterday found a parking ticket on the windscreen.
'not parked correctly within the marking of the bay space'
Parked causing an obstruction or hindrance.

any ideas chaps?

nonegreen

7,803 posts

300 months

Wednesday 19th October 2005
quotequote all
Yep tell them to get stuffed in writing.

turbo tim

20,467 posts

261 months

Wednesday 19th October 2005
quotequote all
Sorry chap, can't help in this instance but I do sympathise.

I was visiting some friends in London recently, the street outside their house was basically empty but it was residents only parking. As I didn't have a permit and didn't want to risk a ticket, I parked on an area which had an old single yellow line which had eroded away so the whole of my car was on an area with no lines and no residents parking - Result!!??




No, still got a ticket!!


MrsMiggins

2,867 posts

265 months

Wednesday 19th October 2005
quotequote all
turbo tim said:
I parked on an area which had an old single yellow line which had eroded away so the whole of my car was on an area with no lines and no residents parking - Result!!??

No, still got a ticket!!

turbo tim, the lines are not enforceable if they are not visible, complete and end in T-Bars. Have a look at the link below if you want to fight it. IMO, they know when they issue these tickets that the lines are unenforceable, but they issue the tickets knowing that most people will just pay up. It's easy money.

http://pepipoo.com/NewForums2/viewtopic.php?t=1927

hedders

24,460 posts

277 months

Wednesday 19th October 2005
quotequote all
The last time i fought a ticket on the grounds of the lines not being terminated properly, they came round and repainted them all before my court case!

They don't accept digital photo's as evidence anyway so i am not sure what I could have done about that one. Forunately they lost their copy of the ticket and dropped the case!

Dwight VanDriver

6,583 posts

274 months

Wednesday 19th October 2005
quotequote all
Bryan

I presume this is private land that you parked on then as such the requirement to mark parking bays in accordance with Traffic Signs and General Directions 2002 plays no part as it is not a road and no TRO made in respect of any yellow lines.

You may consider (with tongue in cheek) writing back to the Parking Authority that the markings for parking bays do not conform to TSGD which is a requirement under criminal law for them to be lawful. As, in your opinion, the lines do not conform then you have not committed any offence.

One of two things could happen.

Either they write back and say baloney - PAY if so then accept or

They may think that here is a guy who is not going to lie down and will need extra expense and effort to take him to County Court to get their money. Some of the smaller firms capitulate but be wary the larger go all the way.

Neighbour of mine got a ticket in a Supermarket car park. I advised him of the dimensions mentioned in TSGD and told him to measure the bays. Yep they were out and he used this fact in his letter to the Parking firm..........and got a result NFA.

Be wary of an increase in the fine of 50% if not paid in a certain time -should say so on the ticket. LA incidents put this increase on hold during the appeal procedure.

DVD
[IMG]http://i17.photobucket.com/albums/b99/Nosrednas/cop2.gif[/IMG]

bryan35

Original Poster:

1,906 posts

271 months

Wednesday 19th October 2005
quotequote all
cheers DVD.

Been back today, andapparently the same Parking attendant was about (lads who run the public toilets told me), but hasn't ticketed cars parks 'breaking' the same 'rules' as I apparently was yesterday.
The land is owned by a transport company, and is enforced by a National based company that look after Car Parks.

Car wasn't blocking access to anything, and was parked in line with all the other cars.

justinp1

13,363 posts

260 months

Wednesday 19th October 2005
quotequote all
hedders said:
The last time i fought a ticket on the grounds of the lines not being terminated properly, they came round and repainted them all before my court case!

They don't accept digital photo's as evidence anyway so i am not sure what I could have done about that one. Forunately they lost their copy of the ticket and dropped the case!



When I fought a case against me at magistrates court, I used a lot of photos I took with a digital camera.

Another idea I thought of to prove such a point to know you are 100% going to be covered in court would be to go to a photography shop, and explain the situation to the owner. Then buy a disposable camera, and get the owner to mark the camera. Go straight to the scene, take the photos, go back to the shop and get the photos developed.

Get the owner to write a short statement to the effect of confirmng what you had done, and in his expert opinion any doctoring of the film was impossible.

That should be good enough unless the CPS are being decidedly nasty and they want the owner to stand as a witness.

>> Edited by justinp1 on Wednesday 19th October 16:57

hedders

24,460 posts

277 months

Wednesday 19th October 2005
quotequote all
Out of interest, could you claim back your expenses (camera and developing) if you win?

If so, I might just have to purchase an expensive camera next time...

turbo tim

20,467 posts

261 months

Wednesday 19th October 2005
quotequote all
MrsMiggins said:

turbo tim said:
I parked on an area which had an old single yellow line which had eroded away so the whole of my car was on an area with no lines and no residents parking - Result!!??

No, still got a ticket!!


turbo tim, the lines are not enforceable if they are not visible, complete and end in T-Bars. Have a look at the link below if you want to fight it. IMO, they know when they issue these tickets that the lines are unenforceable, but they issue the tickets knowing that most people will just pay up. It's easy money.

http://pepipoo.com/NewForums2/viewtopic.php?t=1927


Cheers MrsM

Thanks for the info, but it was a couple of months ago, and it has since been (begrudgingly) paid!!

I'll know for next time though....

The whole parking ticket thing is a farce - I saw that program that followed some parking attendants and it talked about their 'targets' that they try to meet. As soon as it's about targets, it's no longer about parking control and more about the money!! (bit like the scameras in this thread www.pistonheads.co.uk/gassing/topic.asp?t=211901)

bryan35

Original Poster:

1,906 posts

271 months

Friday 21st October 2005
quotequote all
hello all.

Got a letter form said car parking company today. Opened it very tentitively, and slowly read it out.
Thanks for recent letter, blah blah.
After careful consideration.............
we accept the circumstances as you hae described!
Therefore I'm pleased to confirm that charge notice xxxxxxxxxxxxx has been cancelled!

I nearly choked on my coffee!!

hedders

24,460 posts

277 months

Friday 21st October 2005
quotequote all
nice one

Scraggles

7,619 posts

254 months

Saturday 22nd October 2005
quotequote all
Take a photo with something like todays paper on it ?

Got a m8 who lives in a block of flats, the area behind the flats is used to park cars, there has never been bays painted.

Warning sign refers to the bays, m8 has built up a few fines but not good..... so they changed the signs and the fines stayed

8Pack

5,182 posts

270 months

Sunday 23rd October 2005
quotequote all
bryan35 said:
hello all.

Got a letter form said car parking company today. Opened it very tentitively, and slowly read it out.
Thanks for recent letter, blah blah.
After careful consideration.............
we accept the circumstances as you hae described!
Therefore I'm pleased to confirm that charge notice xxxxxxxxxxxxx has been cancelled!

I nearly choked on my coffee!!


Bryan, I am SO PLEEASED!!!......... One more Victory for common sense.....and...perseverance.