Parking offences

 

I have received a parking ticket but I want to dispute it. What should I do?
 
If you want to contest the issue of a parking ticket then you should first make representations to the local authority who issued the ticket. This should be done in writing at the earliest opportunity. You must remember that if 28 days lapse from the issue of the “Notice to Owner” then the local authority are not obliged to consider your objections. Once the local authority receives a response from you the time for payment will be frozen.

 

On what grounds can I contest the issue of a Notice to Owner?

When contesting the issue of the ticket you should bear in mind that the issuer will only withdraw the ticket if one of the following objections apply:-

  1. You have never been the owner of the vehicle
  2. You had ceased to b the owner before the issue of the “Penalty Charge Notice” or,
  3. You became the only after the issue of the PCN.
  4. The alleged contravention never occurred
  5. The vehicle was parked by another driver without the owners consent.
  6. That the relevant designation order was invalid
  7. You are/run a vehicle hire firm and:-
    •             the vehicle was at the time hired out under a vehicle hiring agreement; and,
    •             there was a signed statement acknowledging liability for parking fines
  8. The penalty charge exceeded the applicable amount.       

 

How will I know whether my representations have been accepted?

The local authority has a duty to consider the representations that you have made. Once they have reached a decision they must also notify you in writing of that decision.

 

The Authority responsible for issuing the ticket has rejected my representations. Can I appeal this decision?

You certainly can. If you live in London your appeal will need to be made to Parking and Traffic Appeals Service, PO Box 1010, Sutton, Surrey, SM1 5SW. If you live anywhere else then you will need to apply to the National Parking Adjudication Service 6th Floor, Barlow House, Minshull Street, Manchester M1 3DZ. If you are considering making an appeal then you should check out the National Parking Adjudicator Website and some appeals can now be made online using their website.

You must make your appeal within 28 from the date you received the authorities notice o decision. If you appeal later than this the adjudicator may still consider your appeal but only if he is satisfied with your reasons for the delay.

 

How do I appeal?

If you wish to make an appeal then your first port of call should be the National Parking Adjudicators Website. This will give you lots of information on what is required.

To proceed with your appeal you will need to apply in writing to the adjudicator. Probably the easiest way to do this is via their website but you can apply in writing to the following address: Traffic Penalty Tribunal, Barlow House, Minshull Street, Manchester, M1 3DZ. Your application must include your name, address, and any date or reference number on the ticket. You may also include further representations to those initially made to the local authority.

 

Can I make further representation?

You can make any further representations that you see fit. Furthermore you can do so at any time up to the hearing of the appeal.

 

I still don’t agree with the decision. Is there any further appeal process?

The adjudicators decision can be reviewed and decisions can be revoke or varied if:-

  1. The decision was wrongly made as a result of an administrative error
  2. A person who failed to attend a hearing had a good reason for that absence.
  3. New evidence has come to light and the existence of that evidence could not have been reasonably known or foreseen.
  4. It is in the interests of justice to hold a review.

Any application must be made within 14 days and must state the grounds in full.

 

 

What will happen next?

The Adjudicator will acknowledge your appeal and will also notify the local authority. The adjudicator may dispose an appeal with or without a hearing. However he must hold a hearing if this is requested by either party.

If you have requested a hearing then a date will be provided. Be aware however that the adjudicator can alter the date and/or time of the hearing with 7 days notice.

 

 

 

When will I receive the Decision?

If a hearing has taken place then the decision of the adjudicator will be given orally. However in either case you will then be sent a written record of the decision and the reasoning of the adjudicator.

 

 

I parked my car on McDonalds car park and went inside to meet someone and have a drink. The meeting lasted 45 minutes and when I returned I had a parking ticket for £90. It was then that I noticed a sign saying that parking was restricted to 30 minutes. I have now received a letter from a private company demanding payment. Do I have to pay this? 

This is an entirely different system to parking tickets issued under the Traffic Management Act by Police officers, traffic wardens and local authorities etc, where there is an appeal process to the Parking Adjudicator.

Parking tickets issued in respect of vehicles parked on private land do not create an "offence" recognised in law.  It is likely that the car park has a sign giving information about the terms and conditions you accept by parking your car there.  If you stay longer than permitted then you breach the terms of the contract that you enter into when you park your vehicle.  The parking ticket is really an invoice issued by the private company and is nothing more that an offer to settle out of court for breaching the terms of this contract.
 
If you disagree with the ticket and didn't pay it then the likelihood is that you will receive endless debt collectors letters threatening imminent action and additional fees.  However, enforcement is only possible through the County Court and the reality is that for invoices at these levels it is not cost effective to go to court.  

 

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