09/01/2013 13:27 | By Sean Carson

How to appeal a parking ticket

MSN Cars gives you the low-down on how to overturn that parking penalty


How to appeal a parking ticket

Every 4.6 seconds someone in the UK is issued with a parking ticket. But if you should be so unlucky, instead of getting irate at the penalty notice tucked under your windscreen wiper – possibly even venting your frustration at the traffic warden – there are other ways to deal with a parking ticket.

Hold your tongue, count to 10 and think – it’s all about gathering information to build your case. Here are the best ways to overturn a parking ticket.

Parking spaces in Cornwall sell for £160,000

The world’s strangest car parks

Parking costs set to soar

I shouldn’t have got a ticket because…

You could argue that you were not parked illegally if no restriction signs were in the vicinity – this includes double yellow lines that have faded to a point where they are no longer visible.

It’s also likely that if the single or double yellow line you received your ticket for parking on doesn’t have a termination or ‘T’ bar the case will be quashed.

According to Department for Transport rules for single and double yellow lines:

“A transverse mark must be placed at each end of a line, where one type of line changes to another, where it abuts a bay marking or a zig-zag line and at a point where a vertical sign indicates the time period changes, but the road marking remains the same.”

On the subject of signage, if the single or double yellow lines are not in a clearly marked “controlled parking zone”, and aren’t accompanied by roadside notices outlining the restrictions, the ticket isn’t legal. If so, you have a very strong case for appeal.

It’s worth taking detailed photographs of road markings and road signs at the location where you received your ticket to check they all conform to DfT standards at a later date, too.

If they don’t – and you can provide evidence that this is the case – get writing to the council.

The world’s strangest car parks

The parking bay was too small

All parking bays should be 1.62m wide from the edge of the kerb to the outer edge of the white line. You can appeal a ticket on the grounds a bay was too small if it doesn’t conform to these measurements.

Information is missing or incorrect

If the ticket you’ve been issued with is lacking relevant information, or the data recorded by the traffic warden is incorrect, it’s invalid.

This could be in the form of a mistake in your vehicle’s registration number, a lack of, or a wrongly recorded date and time (you will need proof of this, but a digital picture with a time stamp on it should be ok), or even the wrong location on the penalty.

Tiko Rawlinson-Winder, a lawyer from Reading, caught out his local council on a similar technicality.

He was observed driving in a bus lane on Workingham Road, Reading; however the ticket issued stated the camera’s location as London Road. As a result of his appeal the adjudicator threw out the case.

Parking costs set to soar

The penalty exceeds the relevant amount

Public parking fines carry a maximum fine of £120 in London and £60 outside the capital. If you’ve been issued with a ticket greater than the maximum for the location you are claimed to have illegally parked in, you could have a case.

Loading or unloading

This argument will only hold water if you were parked on a single yellow line and had completed your pick-up or drop-off within the allotted time limit signposted.

If you think you did and you’re a commercial delivery driver provide a copy of the delivery note to highlight times. A supporting witness statement from the client can help here, too.

Women are better at parking than men

TWOCing

TWOCing – or Taking Without Owner’s Consent – is a big problem in the UK.

Defined as “unauthorised use of a car or other conveyance that is not actual theft”, if your car is caught illegally parked when reported stolen – and you have a valid police reference number to prove it – it’s highly likely that the penalty won’t stand.

You no longer own the vehicle

A similar cause for appeal could come from you not owning the vehicle in question. If you’ve recently sold a car that has been ticketed for a parking misdemeanour it could be because the buyer is yet to fill out the “New Registered Keeper” section on the vehicle’s logbook.

If this is the case you will still be down as the registered owner or keeper, hence the letter landed on your doormat.

How do I appeal?

Now you know on what grounds you can appeal a parking ticket, you need to know the process behind it.

A well-argued letter – with as much relevant information to support your case as possible – sent to your local council explaining why you think the fine is incorrect is a great place to start.

From here your local authority might accept your argument and cancel the case. If not, you’ll then have 14 days to make “formal representations” – basically, detailed reasoning for the grounds of your appeal.

The council can still accept your argument at this stage, but if not the case will go one stage further again – to the Parking Adjudication Service if you’re a London resident, or to the Traffic Penalty Tribunal if you live elsewhere.

These independent bodies hold hearings to produce a ruling on your case. If you’re successful you won’t have to pay a penny; if you aren’t your fine will increase by 50%.

What are the chances of a successful appeal?

There’s just a 0.31% rate of appeal for parking tickets issued in England and Wales, yet 34% of these protestations go uncontested by local councils. Of the remainder that get passed on, 29%,of fines are repealed by an adjudicator.

Taken together that means nearly two-thirds of all cases appealed (63%) are thrown out. We like those odds.

52Comments
09/01/2013 20:21
avatar

Parking tickets are wrong and illegal to, read the small print on the ticket it clearly states NOTICE TO OWNER now check your V5 it clearly states you are the REGISTERED KEEPER not THE OWNER.

The DVLA are the owners of all registered veichles in the UK why is this so they can seize the veichle at the side of the road as it is their property you have no rights cause it doesn't belong to you.

On the V5 it clearly states that the REGISTERED KEEPER is responsible for fuel duty road fund liecence and mot road worthyness and insurance no where on there does it say you as the keeper are resposible to pay the parking charge notice.

Note the word NOTICE so if its a NOTICE its not enforcable then they use the term The Road Traffic ACT, Blacks Law dictionary clearly states an ACT is a theatricle presentation put on for financial gain.

Acts are not enforcable by law as they are an Act not Law.

09/01/2013 19:22
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we all know what a pain traffic wardens are but they are doing a job right? without some sort of order cars would park anywhere and what a mess we would be in i think however they shouldnt be allowed to put them on your car or be allowed to touch your property instead send them via post i caught one such littlepain trying to stick one on my car after i was 1 minute over my time with a valid reason explaining calmly and  politeness got me no where he must have stood there counting down on his watch i told him not to touch my property and to give it to me in  my hand he refused saying it had to be attached to my car i refused to except it and drove off that was over a year ago and ive heard nothing i know they have targets to meet and have to issue x amounts of tickets out but a bit of common sense and humanity from these people would help give them a better reputation
avatar
YEP JUST LIKE THESE,

PETROL
DIESEL
TOLLS
SPEED CAMERA,S
RED LIGHT CAMERA,S
DON,T PARK HERE,
YOU CAN,T PARK THERE,
YOU NEED A PERMIT FOR THERE,

ITS BLOODY TARMAC FOR CHRIST SAKE -------- YOU GREEDY ****.

HERE,S A QUESTION.

HOW MUCH MONEY IS ENOUGH TO MAKE YOU HAPPY, I DON,T THINK YOU ARE HAPPY AT ALL.

EVEN THOW WE MOSTLY HAVE TO DRIVE TO ANOTHER CITY TO GO TO WORK, AND WHAT DOES THE GOVERMENT DO AND KEEP DOING, **** LIERS, KEEP PUTTING UP THE PRICE OF FUEL, YEH GREAT MR CAMERON, THANKS TONY BLAIR, THANKS GORDON BROWN, THANKS MR CLEGG.

YOU GO ON AS IF OUR EMPLOYERS PAY US THOSE MADE UP WAGE FIGURES YOU PUT IN YOUR PROPAGANDA NEWS PAPERS, MAN GET YOU HEAD OUT THE CLOUDS.

THAT MONEY SHOULD BE FOR ME, BUT NO YOU MAKE SURE YOU GET IT BACK, PRICE,S GOING UP UP AND UP AND UP AND UP, TAX TAX THATS ALL YOU CARE ABOUT. WE TRAVEL MUCH MUCH FURTHER THESE DAYS, YET SO WHERE ARE YOU HELPING YOU INCREASING OUR OUTGOINGS IS WHAT YOU ARE DOING, AND FUEL IS NEEDED TO GET US TO WORK AND YET YOU HAVE MADE IT HARDER AND HARDER.

TICKETS TICKETS TICKETS MORE AND MORE AND MORE MONEY.

SPEED CAMERA,S WHY BECAUSE THE GOVERMENT KNOWS THERE WILL MANY MANY DRIVERS MAKING THE MISTAKE, SO FOR THE GOVERMENT IT MADE SENSE FOR THEM TO HAVE THEM INSTALLED TO MAKE MONEY, IT WAS CERTAIN WIN ACTION, ITS ALL **** IN THE UK, I DON,T TRUST ANY OF THEM, NOT ONE.

LIEING TWISTING GITS, ALL OF EM.

09/01/2013 20:42
avatar

Nice one Jeremy, Yup it is true... legal and lawful are not the same!!

 

when you register something, you pass on ownership... that includes your birth certificate.

 

Law dictionaries have many many common words we use today but they have a complete different meaning, thats how the police/council etc give you fines , by getting you to contract thus giving an 'act' the force of law.

 

even road tax is not lawful!!

 

this country is supposed to be a common law country...

09/01/2013 23:11
avatar
Micky - do yourself a favour, Google 'Lawful Rebellion', watch the numerous clips on You Tube and educate yourself. Folks such as those who have posted here are not only protecting our freedoms but proving that many of the so-called 'laws' you appear to think are written in stone are actually scams with no legal or lawful force whatsoever - it's only people like you who allow the deception to continue, particularly as you seem to think that 'real lawyers' are somehow to be trusted. Thank goodness there are some out there who can think for themselves (and no, they're not 'wannabe lawyers' as you put it) and who are willing to challenge the deceipt, deception and outright lies that pass for 'law'. But then it's far easier to passively sit on the sidelines criticising, with your head in the sand, isn't it?
avatar
why is it especially in supermarkets where there are parking spots for people with children ,which is totally acceptable ,do people especially women think that because they have  kids even though there at school they can park in these spots reguardless it makes my blood boil ,and it happens every single day
10/01/2013 00:00
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JUST A BIG WARNING.... my husband gets a parking ticket at least once a week , he's a builder, who works in london . he has to park in parking bays, and set mobile alarms to go off , and change a ticket at all times in the day . some times he miss the time . THE WARNING IS .... read all the wording . most tickets say;  a penalty charge of £110 is NOW  payable and unless  this PNC is challenged must be paid not later than(4 weeks from fine )that date being the last day of the period of 28 days beginning with the date on which this PNC was served.... now most people don't read any further.... so angry. BUT . read on and it says.......The penalty charge will  be reduced by 50% to £ 55 if paid not later than (2 weeks ) that date being the last day of the period of 14 days beginning with the date on which this PNC was served.....!!!!!!!!! SO TO ALL NEW DRIVERS OUT THERE... READ THE SMALL PRINT AND STOP PAYING TOP  FINES .. WE PAY TOO MUCH NOW. I HOPE THIS HELPS , ANYONE.
09/01/2013 23:43
avatar

Of course, if you didn't park on yellow lines/overstay your time/park in disabled bays etc then none of you would have this hassle.

 

And yes, I've been a driver for over 30 years and had no hassle with parking!!!

10/01/2013 02:34
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I was in court thinking I'm going to be in there only an hour. Because I was due to get sentenced. But the judge's went out to decide on a verdict. And were in there longer than I thought. And referred it to crown court. I was in court over an hour by now and wouldn't let me out to put another ticket on me car. by the time I come out, on my screen I have a parking fine ticket.

Can I fight that or not?
10/01/2013 07:26
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I have regularly been ticketed or done for box junction or bus lane offences.  My advice is have a good look at the circumstances.  I was let off a box junction PCN because it turned out the box junction was too big.  I got off a parking fine because the video showed I wasn't stationary (no kidding).  I got off another parking fine because the yellow line was covered in leaves and another because the yellow line was faded.  I think I can honestly say that I have only paid four fines in the last ten years.  Not bad for someone living in Ealing!!! 
10/01/2013 02:28
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Never ask your daughter to put the Disable badge in the window/dash board. Mine put it the wrong way around with the photo to the front. Whollap a ticket the Council still made me pay for. (5 yrs ago now).
09/01/2013 22:27
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The 29% is of the 66% that go to that stage and therefore is approximately only 19% of the origional figure and therefore only 53% in total rather than the misrepresented 63% figure given. Based on the fact that the rest of the commentary is acurate!
10/01/2013 08:28
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Since my son qualified for a disability badge (he was 8 at the time) i have recieved 9 parking tickets...... adn they have all been written off. The tickets were for silly little things and i thought right im not paying. So 9 tickets written off so why give them in the first place and cause misery ??? 
10/01/2013 11:34
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The Council worker never listen to the public, alway support their staff even they know its totally wrong.

The best way is to take care of your car and park in a proper place and just pay the parking fee which is around £1 or less or more but better than all this hassel to face by the empty headed Council staff.

When they plan  any thing to do on the road, just for formulaties they conduct a public meeting,survey and follow their plan even 99% of public oppose their plan still they show the wrong figure to missguide the people and carry out their plan to force the public to pay for their bonuses and holidays.

06/03/2013 04:46
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i was in regents park just before christmas and was parked on the outer circle where i parked next to the parking meter.before the hour was up i returned and purchased another.i put it on the dashboard and when shut the door wind must have blown them slighly forward.the traffic warden must have turned up but as he would of had to take a closer look he would of seen the one in time and in date next to the out of date one.i appealed it to nsl services group who work on behalf of the royal park.they replied rejecting it and said that the ticket was from 2001.the machine was issuing out of date tickets in the first place so on display or not wasnt valid.they have since changed the date on the machine.i have since contacted popla and british carparking to have no luck as i cannot afford to pay it in one go as i am on job seekers and dont believe i should with the evidence.they have told me to contact a magistrate or pay within 28 days.any ideas
09/01/2013 20:25
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If They Are Doing A job then Why Do they See Fit To Ticket Some Unsuspecting Member Of The Public Whem Many A Time I Have Seen these Scum Parked Illegally, And They Seem On The Face Of It To Get Away Without Any Fear Of Retribution.

10/01/2013 11:58
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This is all just a PR stunt.

Designed to distract the general public.

The PCN is an offer to contract.

 

 

10/01/2013 09:28
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Information here is incorrect: in the section, 'You no longer own the vehicle', it is the seller's responsibility to fill out the V5 and inform the DVLA of the change of owners and not the buyer. This has been the case for some time. I wonder how credible the rest of this article is?

13/01/2013 21:35
avatar
On Jan 11th I got a parking ticket. I had parked in a disabled bay, went and got the ticket and displayed it on my dash; went round and helped my wife out of the car and wheeled her into the shop. My wife then reminded me that I had not displayed the card so I promptly returned to the car to find I had got a ticket. The time between me displaying the ticket and returning was exactly 8 minutes. I have written to the company photocopying the ticket time, the attendants time of her booking and the Blue card. The lady was apologetic and said to write to the company as it was now on her computer. I await their answer. What do you think it will be?


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How to appeal a parking ticketMSN Cars gives you the low-down on how to overturn that parking penaltySean Carson2013-01-09T13:27:16Every 4.6 seconds someone in the UK is issued with a parking ticket. But if you should be so unlucky, instead of getting irate at the penalty notice tucked under your windscreen wiper – possibly even venting your frustration at the traffic warden – there are other ways to deal with a parking ticket.Hold your tongue, count to 10 and think – it’s all about gathering information to build your case. Here are the best ways to overturn a parking ticket.Parking spaces in Cornwall sell for £160,000The world’s strangest car parksParking costs set to soarI shouldn’t have got a ticket because…You could argue that you were not parked illegally if no restriction signs were in the vicinity – this includes double yellow lines that have faded to a point where they are no longer visible.It’s also likely that if the single or double yellow line you received your ticket for parking on doesn’t have a termination or ‘T’ bar the case will be quashed.According to Department for Transport rules for single and double yellow lines:“A transverse mark must be placed at each end of a line, where one type of line changes to another, where it abuts a bay marking or a zig-zag line and at a point where a vertical sign indicates the time period changes, but the road marking remains the same.”On the subject of signage, if the single or double yellow lines are not in a clearly marked “controlled parking zone”, and aren’t accompanied by roadside notices outlining the restrictions, the ticket isn’t legal. If so, you have a very strong case for appeal.It’s worth taking detailed photographs of road markings and road signs at the location where you received your ticket to check they all conform to DfT standards at a later date, too.If they don’t – and you can provide evidence that this is the case – get writing to the council.The world’s strangest car parksThe parking bay was too smallAll parking bays should be 1.62m wide from the edge of the kerb to the outer edge of the white line. You can appeal a ticket on the grounds a bay was too small if it doesn’t conform to these measurements.Information is missing or incorrectIf the ticket you’ve been issued with is lacking relevant information, or the data recorded by the traffic warden is incorrect, it’s invalid.This could be in the form of a mistake in your vehicle’s registration number, a lack of, or a wrongly recorded date and time (you will need proof of this, but a digital picture with a time stamp on it should be ok), or even the wrong location on the penalty.Tiko Rawlinson-Winder, a lawyer from Reading, caught out his local council on a similar technicality.He was observed driving in a bus lane on Workingham Road, Reading; however the ticket issued stated the camera’s location as London Road. As a result of his appeal the adjudicator threw out the case.Parking costs set to soarThe penalty exceeds the relevant amountPublic parking fines carry a maximum fine of £120 in London and £60 outside the capital. If you’ve been issued with a ticket greater than the maximum for the location you are claimed to have illegally parked in, you could have a case.Loading or unloadingThis argument will only hold water if you were parked on a single yellow line and had completed your pick-up or drop-off within the allotted time limit signposted.If you think you did and you’re a commercial delivery driver provide a copy of the delivery note to highlight times. A supporting witness statement from the client can help here, too.Women are better at parking than menTWOCingTWOCing – or Taking Without Owner’s Consent – is a big problem in the UK.Defined as “unauthorised use of a car or other conveyance that is not actual theft”, if your car is caught illegally parked when reported stolen – and you have a valid police reference number to prove it – it’s highly likely that the penalty won’t stand.You no longer own the vehicleA similar cause for appeal could come from you not owning the vehicle in question. If you’ve recently sold a car that has been ticketed for a parking misdemeanour it could be because the buyer is yet to fill out the “New Registered Keeper” section on the vehicle’s logbook.If this is the case you will still be down as the registered owner or keeper, hence the letter landed on your doormat.How do I appeal?Now you know on what grounds you can appeal a parking ticket, you need to know the process behind it.A well-argued letter – with as much relevant information to support your case as possible – sent to your local council explaining why you think the fine is incorrect is a great place to start.From here your local authority might accept your argument and cancel the case. If not, you’ll then have 14 days to make “formal representations” – basically, detailed reasoning for the grounds of your appeal.The council can still accept your argument at this stage, but if not the case will go one stage further again – to the Parking Adjudication Service if you’re a London resident, or to the Traffic Penalty Tribunal if you live elsewhere.These independent bodies hold hearings to produce a ruling on your case. If you’re successful you won’t have to pay a penny; if you aren’t your fine will increase by 50%.What are the chances of a successful appeal?There’s just a 0.31% rate of appeal for parking tickets issued in England and Wales, yet 34% of these protestations go uncontested by local councils. Of the remainder that get passed on, 29%,of fines are repealed by an adjudicator.Taken together that means nearly two-thirds of all cases appealed (63%) are thrown out. We like those odds.How to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticketHow to appeal a parking ticket