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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.
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 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.
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.
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.
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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.
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.
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...
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!!!
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.
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.
This is all just a PR stunt.
Designed to distract the general public.
The PCN is an offer to contract.
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?
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