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-   -   Suing for frivolous parking ticket (https://www.londonbanter.co.uk/london-transport/2413-suing-frivolous-parking-ticket.html)

Mike Ross November 17th 04 11:33 PM

Suing for frivolous parking ticket
 
On Wed, 17 Nov 2004 15:57:45 +0000, 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


John:

Back to your question:

hint re-arrange: councillors voters elect who

Residents will get the councillors, councils, parking enforcement, and
legal departments, that they deserve.

Mike
--
http://www.corestore.org
For sale: Al Qaeda rifle. Never fired. Dropped once.

Cynic November 17th 04 11:38 PM

Suing for frivolous parking ticket
 
On Wed, 17 Nov 2004 10:57:15 -0000, "Carlos"
wrote:

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.


I'm afraid you will have to read with a bit more comprehension and
understand some of the sneakier possibilities if you want a good
chance of getting anywhere.

Please read my paragraph (top) again, and try to understand what I am
saying. I was *not* questioning your assertion that the car park was
in fact free at the time you said it was.

A post to this newsgroup quite a while back described how, after an
accident had occured involving a council vehicle failing to give way,
the signs were changed and road markings repainted on a junction so
that right of way was reversed in favour of the road the council
vehicle had been on.

--
Cynic


Nick Cooper November 18th 04 07:53 AM

Suing for frivolous parking ticket
 
On Wed, 17 Nov 2004 13:34:31 +0000 (UTC), wrote:

In uk.legal Martin Underwood wrote:
wrote in message
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.


But traffic wardens are paid to be conversant with the rules in the bays
that they "police". If the warden is making mistakes then, at best, he/she
needs to be educated better, which is a training issue for their employer;
at worst, the warden is being malicious, in which case it is a disciplinary
matter for their employer.


Have you never ever made a mistake at work? Maybe the traffic warden was
new, maybe their watch had stopped..


Maybe you should try reading the original description of events
properly?
--
Nick Cooper

[Carefully remove the detonators from my e-mail address to reply!]

The London Underground at War:
http://www.cwgcuser.org.uk/personal/...ra/lu/tuaw.htm
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[email protected] November 18th 04 08:13 AM

Suing for frivolous parking ticket
 
In uk.legal Nick Cooper wrote:
On Wed, 17 Nov 2004 13:34:31 +0000 (UTC), wrote:
Have you never ever made a mistake at work? Maybe the traffic warden was
new, maybe their watch had stopped..


Maybe you should try reading the original description of events
properly?


I do apologise - a stopped watch wouldn't have resulted in this incident
however I was merely pointing out that the OP could not be sure that "Clearly
the parking attendant was trying it on" and there are possibly other
factors, i.e. it was an *accident*, a *mistake*!

Cheers

Rob



marcb November 18th 04 10:14 AM

Suing for frivolous parking ticket
 
Neil Williams wrote:

I do wonder why the councils don't realise that the
optimum number of parking tickets issued in a given period is zero,


This is a good point - parkimg control should be about prevention. That so many
people still get caught shows that current prevention measures are clearly
inadequate.

M.





ian henden November 18th 04 12:05 PM

Suing for frivolous parking ticket
 

"Ham Spunter" wrote in message
...

"Carlos" wrote in message
...

Clearly the parking attendant was trying it on, aware that a certain
percentage probably just pay up. But I want to make a stand and sue the
council for wasting my time. Would I be reasonable in charging a £50
admin charge for having to issue an explanatory note..?

Cheers



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.


No. They are saying it's "not their polcy".

In other words, you've got to fight for it.

What would their reaction be, if you were to say "it's not my policy" when
it comes to paying rates/community charge/council tax/ window tax/ whatever
it's called this week?


I did consider going to the local press with details of the debacle - but
in the end just couldn't be bothered any more and have since stopped using
the council car park.




Paul Weaver November 18th 04 04:01 PM

Suing for frivolous parking ticket
 
"Cynic" wrote in message
...
On Wed, 17 Nov 2004 10:57:15 -0000, "Carlos"
wrote:

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.


I'm afraid you will have to read with a bit more comprehension and
understand some of the sneakier possibilities if you want a good
chance of getting anywhere.

Please read my paragraph (top) again, and try to understand what I am
saying. I was *not* questioning your assertion that the car park was
in fact free at the time you said it was.

A post to this newsgroup quite a while back described how, after an
accident had occured involving a council vehicle failing to give way,
the signs were changed and road markings repainted on a junction so
that right of way was reversed in favour of the road the council
vehicle had been on.


As he has the ticket which says
1) £1
2) Entry 17:05
3) Expires 17:30

Then they would have to increase pay and display to £2.40 an hour, a 140%
rise would not go unnoticed by the media
--
Everything above is the personal opinion of the author, and nothing to do
with where he works and all that lovely disclaimery stuff.
Posted in his lunch hour too.



tim November 18th 04 05:58 PM

Suing for frivolous parking ticket
 

"John Ritchie" wrote in message
om...
You are entitled, under the RTA I believe (or perhaps under the
aprking regulations for the particular city) to make a claim for costs
only if the issue of the ticket or the councils refusal to allow your
appeal (I cannot remember which) is "frivilous, vexatious or wholly
unreasonable." Whether their behaviour is regarded in this category
is the decision of the parking adjudicator, who you will appear before
if the council refuse your appeal.


ISTM that putting a ticket on a car with an issue time outside that
for which restrictions apply is wholly unreasonable by a very very
very long way

tim



Chris November 18th 04 10:23 PM

Suing for frivolous parking ticket
 
(Colin Rosenstiel) wrote in message ...
In article ,
(ABC) wrote:

Until all councils remove the bonus incentive of issuing tickets, then
there will always be wardens trying it on.
Just like the builder who is paid by the hour. The longer he can stay
on the job, the more he will earn.


Do you have any evidence of councils paying bonuses? Cambridge has just
started with its own parking attendants and doesn't pay any such thing.


http://www.westminster.gov.uk/counci...ws/pr-2220.cfm

The old westminster/NCP incentive scheme included giving a free
holiday to the best employee. Was well publicised on local
news/radio/papers in london.

I think the councils problems are in getting their staff to actually
work. On the one hand, if they have incentives they will have people
over issuing tickets. On the other hand they need to get the traffic
wardens out of Glouster Road Burger King and a well known student bar
where they seem to congregate/sleep for hours on end

Colin Rosenstiel November 18th 04 11:31 PM

Suing for frivolous parking ticket
 
In article ,
(David Bradley) wrote:

If you don't get a response within a couple of days then escalate the
issue by re-sending the email to every Councillor.


Not advisable if you actually want anything done.

Cllr. Colin Rosenstiel


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