Suing for frivolous parking ticket
 

In article ,
(John Ritchie) wrote:

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.

IANAL, only someone who has successfully appealed to the Parking
Appeals Service.

While that system applies in London it only applies in those parts of the
rest of the country that have introduced local authority parking
enforcement (AKA "decriminalised parking"). It doesn't apply to off-street
parking anywhere, does it?

--
Colin Rosenstiel

Suing for frivolous parking ticket
 

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


"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 were telling you it isn't their policy to pay anyones costs
when asked, as you did - you may still sue, and although IANAL, I
would suggest that a claim through the Small Claims Court may well
have succeeded. The council will not have a policy of ignoring court
judgements.


--
Cheers

Peter

Remove the INVALID to reply

Suing for frivolous parking ticket
 

"tim" wrote in message
...

"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

Unless the charges apply during a certain time and outside of that time no
parking is permitted at all. Unlikely, but possible.

Suing for frivolous parking ticket
 

"Mark Hewitt" wrote:

"tim" wrote in message
...

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

Unless the charges apply during a certain time and outside of that time no
parking is permitted at all. Unlikely, but possible.

I would say that "no parking is permitted at all" is quite a severe
restriction!

--
Alec McKenzie

Suing for frivolous parking ticket
 

In article ,
(Peter) wrote:

you may still sue, and although IANAL, I
would suggest that a claim through the Small Claims Court may well
have succeeded. The council will not have a policy of ignoring court
judgements.

Lewisham do - i had to send in the bailiffs to get a court judgement of
£40.50

--
Paul Cummins - Always a NetHead
Wasting Bandwidth since 1981

Suing for frivolous parking ticket
 

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

So effectivley N Yorks County Council are telling me they cannot be sued no
matter what they do wrong.


No, they were telling you it isn't their policy to pay anyones costs
when asked, as you did - you may still sue, and although IANAL, I
would suggest that a claim through the Small Claims Court may well
have succeeded. The council will not have a policy of ignoring court
judgements.

I can think of one council that tries to maintain a policy of ignoring
court judgements (and just about anything else that doesn't suit the
local mafiosi) ... much to tax payers' detriment.

Suing for frivolous parking ticket
 

On Fri, 19 Nov 2004 10:10:46 +0000, Alec McKenzie
wrote:

Unless the charges apply during a certain time and outside of that time no
parking is permitted at all. Unlikely, but possible.

I would say that "no parking is permitted at all" is quite a severe
restriction!

Indeed - though it does exist. There are (or were) some spaces near
Milton Keynes central shopping centre where parking is not permitted
at all by anyone between something like 7:30am-9:30am to stop
employees parking there and thus to keep some spaces near the centre
available for shoppers.

Neil

Suing for frivolous parking ticket
 

In message , at 23:30:41 on Fri, 19
Nov 2004, Neil Williams remarked:
Unless the charges apply during a certain time and outside of that time no
parking is permitted at all. Unlikely, but possible.

I would say that "no parking is permitted at all" is quite a severe
restriction!

Indeed - though it does exist. There are (or were) some spaces near
Milton Keynes central shopping centre where parking is not permitted
at all by anyone between something like 7:30am-9:30am to stop
employees parking there and thus to keep some spaces near the centre
available for shoppers.

Yes, and also very common in streets near commuter railway stations. I
first saw it in Shenfield (Essex) about 20 years ago.

And there's another situation, which applies to car parks: Some P&R
close at night, and ban overnight parking. The ones in Cambridge are
either doing this already, or will soon.
--
Roland Perry

Suing for frivolous parking ticket
 

Carlos wrote:
I parked in a pay-and-display area at 17:05. Put £1 in the machine (charge
is £1/hr) and the ticket came out valid until 17:30 after which time parking
is free. The signage also confirmed that parking is chargeable only between
09:00 - 17:30.

Came back to find a parking ticket, time-stamped at 17:36.

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



The guy made a mistake.

Write pointing out the facts. If you letter is not dealt with reasonably
and the fine withdrawn, *then* make a fuss.

--
Nick H (UK)

Suing for frivolous parking ticket
 

"Nick H (UK)" wrote in message
...
Carlos wrote:
I parked in a pay-and-display area at 17:05. Put £1 in the machine
(charge is £1/hr) and the ticket came out valid until 17:30 after which
time parking is free. The signage also confirmed that parking is
chargeable only between 09:00 - 17:30.

Came back to find a parking ticket, time-stamped at 17:36.

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

The guy made a mistake.

Write pointing out the facts. If you letter is not dealt with reasonably
and the fine withdrawn, *then* make a fuss.

I don't think that cancelling the fine is the issue.
As the fine is completely without legal justification that will happen
automatically that you reach the right person in the chain (which
could be as far as an attendance to the mags if the LA are really
inefficient). The OP's beef is that he want's to be compensated for
his costs (including his time) in reaching that correct person even
if that is as simple as writing one letter, and in his position, so would
I, but will the LA offer it?

tim