On Wed, 17 Nov 2004 17:32:53 GMT, (Nigel ) wrote:

Yes do take any legal action if you feel wronged by the Council, do it
through a legal representative who will ensure that you're
out-of-pocket-expenses are recovered and that any action you are
threatened with by the local authority is rescinded.

After all why should you pay for their inadequacies?

I do suggest, however, that he does write to them a couple of times
first, just so he shows that he has tried all of the reasonable
avenues.

You: Wipe off my fine, and give me money
Them: Fine wiped off, no money given for wasted time
You: Thanks for wiping off my improper fine - give me money.
Them: No
You: Give me money I have contacted you x-times which has cost me
£xx in time, £xx in registered mail & photocopies & photo
developing costs and duplicates, or I'll sue.
Them: Yes/No
You: Ta very much/See you in Small Claims.

--Nick.
--
- GamerTag: Hayn - icq: 9235201 -- Hayn on dal.net -
http://www.sendit.com/scp/id/what - Want DVDs/Games?

"Mark Hewitt" wrote in message ...
wrote in message
...

Hmmm, by paying 1 pound for an hour at 17:05 you should get an hour's
parking therefore your ticket should be valid until 9:35 the following
morning if the chargeable time is until 17:30 (Every car-park that I've
ever
used near the end of the paid-for time has issued me with such a ticket
though I don't know if it's universal).

As for making a stand, what's the point? Maybe a mistake has been made?
Have
you never made a mistake? Just send a note back with the evidence and you
will surely get the ticket rescinded.

I think the point is, why should he have to? He has committed no offence and
yet he has to go to time and trouble to prove his innocence!

Because in London and when dealing with local authorities you are
guilty until proven innocent

JohnB wrote:
|| Ham Spunter wrote:
|||
||| "JohnB" wrote in message
||| ...
|||
||||| Anyway I would happily lose money and time just to give Barnet
||||| Council a headache.
||||
|||| And just how do you think Barnet Council will recoup the costs you
|||| impose on them?
||||
|||| John B
|||
||| Is that any reason not to request that his costs are not met?
||
|| Not if that's what he wants to do.
||
|| So, back to my question - How will Barnet will recover _their_
|| costs?
||
|| hint re-arrange: payers, tax

Why is this relevant? Unless you are suggesting that no one ever challenges
a public body because they will always use tax payers money to defend
themselves, then I can't see why it should matter that the council tax
payers are paying in this case.

Also, if no one ever complains, nothing is ever put right. It's possible,
even if unlikely, that if enough complaints are received over matters such
as this, then the council may raise the minimum intelligence requirement of
Parking Attendants to something substantially above a room temperature IQ,
which can only be a benefit to us all.

--
Rob

wrote:
In uk.legal Roland Perry wrote:
In message , at 11:20:31 on
Wed, 17 Nov 2004, remarked:
Hmmm, by paying 1 pound for an hour at 17:05 you should get an
hour's parking therefore your ticket should be valid until 9:35 the
following morning if the chargeable time is until 17:30 (Every
car-park that I've ever used near the end of the paid-for time has
issued me with such a ticket though I don't know if it's universal).

I've never found one that would roll-over the balance (35 mins) like
that. But most will stamp the ticket "9.00 am", rather than "17.30".

As an example the on-street ones in Derby do (or did a few months
ago).

Cheers

Rob

Milton Keynes (Central) do, too.

In article , Nigel says...


Yes do take any legal action if you feel wronged by the Council, do it
through a legal representative who will ensure that you're
out-of-pocket-expenses are recovered and that any action you are
threatened with by the local authority is rescinded.

After all why should you pay for their inadequacies?

You're a lawyer aren't you? THe only person who will benefit will be
his lawyer and you can be sure the bill he'll be presented with will
far exceed the worth of a few phone calls, first class stamps and time
taken to write to them.

Oh, and the County Court will throw out frivolous claims but you can be
sure his lawyer won't forget the bill.

--
Conor

Normality will be restored once we work out what normality actually is.

Rob wrote:
JohnB wrote:
Ham Spunter wrote:

"JohnB" wrote in message
...

Anyway I would happily lose money and time just to give Barnet
Council a headache.

And just how do you think Barnet Council will recoup the costs you
impose on them?

John B

Is that any reason not to request that his costs are not met?

Not if that's what he wants to do.

So, back to my question - How will Barnet will recover _their_
costs?

hint re-arrange: payers, tax

Why is this relevant? Unless you are suggesting that no one ever
challenges a public body because they will always use tax payers
money to defend themselves, then I can't see why it should matter
that the council tax payers are paying in this case.

Also, if no one ever complains, nothing is ever put right. It's
possible, even if unlikely, that if enough complaints are received
over matters such as this, then the council may raise the minimum
intelligence requirement of Parking Attendants to something
substantially above a room temperature IQ, which can only be a
benefit to us all.

Room temperature IQ LOL.

On Wed, 17 Nov 2004 15:55:46 -0000, "Ham Spunter"
wrote:

Similar thing happened to me in North Yorks - I asked them to refund my
costs - postage - time taken to write letter explaining why the parking fine
was not applicable - time spent on phone calls to the council etc etc
They happily waived the parking charge, but said it was not their "policy"
to refund costs incurred despite their error.
So effectivley N Yorks County Council are telling me they cannot be sued no
matter what they do wrong.

I don't think that follows at all. The council's policy isn't law and
they can't stop you from sueing them. Since it's so easy to do
nowadays (just fill in a form online), I'd have been very tempted to
have sued them in the County Court and let a district judge decide on
whether the claim is justified.

Mike.

On Wed, 17 Nov 2004 19:04:02 -0000, Conor
wrote:

In article , Nigel says...


Yes do take any legal action if you feel wronged by the Council, do it
through a legal representative who will ensure that you're
out-of-pocket-expenses are recovered and that any action you are
threatened with by the local authority is rescinded.

After all why should you pay for their inadequacies?

You're a lawyer aren't you? THe only person who will benefit will be
his lawyer and you can be sure the bill he'll be presented with will
far exceed the worth of a few phone calls, first class stamps and time
taken to write to them.

Oh, and the County Court will throw out frivolous claims but you can be
sure his lawyer won't forget the bill.

After reading this long thread, a simple question comes to mind:
Assuming the facts are as stated, what is the cheapest option that can
be taken to ensure the parking ticket is rescinded?

Would it be the cost of a postcard, with a postage stamp attached,
sent to the Council with a simple message stating they have made an
error? Perhaps not, because it would probably get "lost in the post",
so what can you do that would cost you no more than a £1?

David Bradley

On Wed, 17 Nov 2004 10:57:15 -0000, "Carlos"
wrote:

"Cynic" wrote in message
.. .
On Wed, 17 Nov 2004 09:15:52 -0000, "Carlos"
wrote:
[snip]
If you want to create waves, make sure that you get evidence that the
car park was indeed free after 17:30 on the day in question. It is
not unheard of for rules and signs to be changed retrospectively.

Absolutely positive it was free after 17:30 because a) the signs stated so
quite unambiguously b) the machine capped my parking time to 17:30 even
though I had theoretically put enough money to take me to 18:05.

Cynic's advice is good. If you decide to pursue this, you really do
need evidence, preferably in the form of photographs and the testimony
of someone else who's seen what the signs say.

There have been a number of parking cases where the local authority
has changed signage after the event to justify their penalty. Once
the signs have been changed, it's difficult, without suitable
evidence, to prove when they were changed.

Mike.

On Wed, 17 Nov 2004 12:28:56 -0000, "ABC" wrote:

Until all councils remove the bonus incentive of issuing tickets, then there
will always be wardens trying it on.

Indeed. I'd also say that, if a council wishes to outsource its
parking enforcement, it should be permitted by fixed payment only,
with the council retaining revenue risk.

Other than profit, I do wonder why the councils don't realise that the
optimum number of parking tickets issued in a given period is zero,
because if your wardens are patrolling properly it means no-one has
parked illegally! If you just want to ensure that the wardens are
patrolling, there are many other ways of doing that than targets.

Neil