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Suing for frivolous parking ticket
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 |
Suing for frivolous parking ticket
On Wed, 17 Nov 2004 09:15:52 -0000, "Carlos"
wrote: 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..? You can *try* anything you like. But you would be wasting your time. It will lead only to frustration and possibly a loss of money. There are more worthwhile "causes" to spend your efforts on. 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. -- Cynic |
Suing for frivolous parking ticket
On Wed, 17 Nov 2004 09:15:52 -0000, "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. By wasting yet more time pursuing a frivolous action? I suppose some people might think there's logic in that approach, but their probably the ones with too much time on their hands. If your time is valuable enough to contemplate suing for it being wasted, its too valuable to waste in pursuing the course of action you propose. Brian |
Suing for frivolous parking ticket
"Carlos" wrote in message
... 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..? Probably it's a waste of time suing them. But you could publicise it in the papers, perferably quoting the name of the traffic warden who issued the ticket if you've got it. The traffic warden was clearly taking the ****. He was wrong to issue a ticket for two reasons: firstly you were (presumably) displaying a valid ticket that covered the time when you were parked and when charges applied (17:05-17:30); secondly parking was free after 17:30. His managers should be made aware of this fact so it can be entered on his disciplinary record. |
Suing for frivolous parking ticket
On Wed, 17 Nov 2004 09:15:52 -0000, "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..? Firstly, you need to check with the cark park owners (not the ticketing firm) to find out what the extant regulations were on the day in question. It *may* differ from the notices. However, it is not unknown for parking wardens to try things on, so if the notices were current, ring their company and explain the position. I once parked my motorcycle in a marked motorcycle parking bay in a local authority car park. The notices did not mention motorcycles. When I returned, there was a parking ticket jammed down behind the headlight. Luckily, the wardens were still on site, so I challenged them. Their answer was that "We didn't know whether motorcycles park for free or not, so gave you a ticket just in case". I rang the local authority, who confirmed that motorcycles did indeed park for free, and gave me the direct phone number for the parking firm. They cancelled the ticket. Subsequently, the notices were changed. That was the third ticket that year that I had had withdrawn - and one of those was issued by a police officer. In each case I had parked legally. Good Luck. |
Suing for frivolous parking ticket
"Cynic" wrote in message
... On Wed, 17 Nov 2004 09:15:52 -0000, "Carlos" wrote: 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..? You can *try* anything you like. But you would be wasting your time. It will lead only to frustration and possibly a loss of money. There are more worthwhile "causes" to spend your efforts on. 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. In any case it is more a point of principal. The Parking attendants in Barnet are the most unscrupulous pack of hyenas in the country but this time they really have been caught red handed. Everyone you speak to in our area complains about their underhand tactics which include pouncing within a minute of a ticket expiring or telling you that you can park and then ticketing you when you are out of sight. Anyway I would happily lose money and time just to give Barnet Council a headache. |
Suing for frivolous parking ticket
Carlos wrote:
"Cynic" wrote in message You can *try* anything you like. But you would be wasting your time. It will lead only to frustration and possibly a loss of money. There are more worthwhile "causes" to spend your efforts on. 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 |
Suing for frivolous parking ticket
In uk.legal 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..? 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. Cheers Rob |
Suing for frivolous parking ticket
JohnB wrote:
Carlos wrote: "Cynic" wrote in message You can *try* anything you like. But you would be wasting your time. It will lead only to frustration and possibly a loss of money. There are more worthwhile "causes" to spend your efforts on. 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 In an ideal world, the costs would be taken out of the salary of the misguided pillock who issued the ticket - unfortunately, councils tend to be somewhat removed from reality. |
Suing for frivolous parking ticket
By wasting yet more time pursuing a frivolous action? I suppose some
people might think there's logic in that approach, but their probably the ones with too much time on their hands. If your time is valuable enough to contemplate suing for it being wasted, its too valuable to waste in pursuing the course of action you propose. If I could just rip up the ticket and forget about it then I wouldn't mind at all. But I have to be proactive in disputing this to avoid bailiffs knocking on my door, which means writing a letter, photocopying the tickets, travelling to town in my lunchbreak and queuing for 20 minutes to send it recorded delivery........ then wait for them to bestow their gracious pardon on my parking ticket. Of course they may send me back an inane automated rejection letter which completely misses the point, giving me a further 14 days to pay... in which case I have to go through the whole rigmarole again sigh |
Suing for frivolous parking ticket
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! |
Suing for frivolous parking ticket
wrote in message
... In uk.legal 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..? 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. 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. I once received a ticket for parking legally - I returned to my car within the hour's free parking time, to find a ticket. The warden was nearby so I asked him to explain. "You've been there for over an hour," he said. When I asked to see written evidence of the time that he'd first recorded my car's presence, he blushed, waffled and said that "maybe I've made a mistake". I reported the matter to Oxford County Council (the warden's employer) but I never heard any more. I hope he was severely bollocked or even sacked for "trying it on". |
Suing for frivolous parking ticket
"Martin Underwood" wrote in message ... wrote in message ... In uk.legal 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..? 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. 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. I once received a ticket for parking legally - I returned to my car within the hour's free parking time, to find a ticket. The warden was nearby so I asked him to explain. "You've been there for over an hour," he said. When I asked to see written evidence of the time that he'd first recorded my car's presence, he blushed, waffled and said that "maybe I've made a mistake". I reported the matter to Oxford County Council (the warden's employer) but I never heard any more. I hope he was severely bollocked or even sacked for "trying it on". 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. S |
Suing for frivolous parking ticket
JohnB writes:
And just how do you think Barnet Council will recoup the costs you impose on them? Maybe by the saving on the wages which used to be paid to the (ex-)parking attendant who acted outside the rules. |
Suing for frivolous parking ticket
In article , Carlos says...
But I have to be proactive in disputing this to avoid bailiffs knocking on my door, which means writing a letter, photocopying the tickets, travelling to town in my lunchbreak and queuing for 20 minutes to send it recorded delivery........ You have to accept it as part of being stupid enough to live in London. -- Conor Normality will be restored once we work out what normality actually is. |
Suing for frivolous parking ticket
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Suing for frivolous parking ticket
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.. Perhaps the OP shouldn't take it personally. Perhaps people should calm down a bit. But at the mo no-one knows if it was a mistake or not because the OP is bleating about suing instead of pursuing the proper channels. Yes it is a pain having to prove your innocence like that but there are channels to do it. Now if the council come back and say that the ticket should not have been issued I think the OP might have a point. But if the car-park really is charge-free after the time the OP states then I'd wager that his fine will be rescinded. Cheers Rob |
Suing for frivolous parking ticket
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 |
Suing for frivolous parking ticket
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Suing for frivolous parking ticket
Carlos wrote:
By wasting yet more time pursuing a frivolous action? I suppose some people might think there's logic in that approach, but their probably the ones with too much time on their hands. If your time is valuable enough to contemplate suing for it being wasted, its too valuable to waste in pursuing the course of action you propose. If I could just rip up the ticket and forget about it then I wouldn't mind at all. But I have to be proactive in disputing this to avoid bailiffs knocking on my door, which means writing a letter, photocopying the tickets, travelling to town in my lunchbreak and queuing for 20 minutes to send it recorded delivery... Oh, for goodness sake! Just phone them up and explain what happened. If it's as clear-cut as you say it is, they'll probably rescind the ticket straight away. They can hardly pursue a penalty if the time of the "offence" is during the free parking period. -- Richard J. (to e-mail me, swap uk and yon in address) |
Suing for frivolous parking ticket
"Carlos" typed
Anyway I would happily lose money and time just to give Barnet Council a headache. Please do ;-) -- Helen D. Vecht: Edgware. |
Suing for frivolous parking ticket
"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? |
Suing for frivolous parking ticket
"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. 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. |
Suing for frivolous parking ticket
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 B |
Suing for frivolous parking ticket
"Richard J." wrote in message
.uk... Carlos wrote: By wasting yet more time pursuing a frivolous action? I suppose some people might think there's logic in that approach, but their probably the ones with too much time on their hands. If your time is valuable enough to contemplate suing for it being wasted, its too valuable to waste in pursuing the course of action you propose. If I could just rip up the ticket and forget about it then I wouldn't mind at all. But I have to be proactive in disputing this to avoid bailiffs knocking on my door, which means writing a letter, photocopying the tickets, travelling to town in my lunchbreak and queuing for 20 minutes to send it recorded delivery... Oh, for goodness sake! Just phone them up and explain what happened. If it's as clear-cut as you say it is, they'll probably rescind the ticket straight away. They can hardly pursue a penalty if the time of the "offence" is during the free parking period. The only way to contact them is by post, they obviously prefer to keep irate drivers at bay. |
Suing for frivolous parking ticket
"Richard J." wrote in message .uk... Oh, for goodness sake! Just phone them up and explain what happened. If it's as clear-cut as you say it is, they'll probably rescind the ticket straight away. They can hardly pursue a penalty if the time of the "offence" is during the free parking period. -- Richard J. (to e-mail me, swap uk and yon in address) Trust me - the phone call doesn't work... the OP is likely to have to go through what I did - sending photocopies etc... I encountered a similar situation and considered letting it go through the system - to court stage if need be and watching them waste their time trying to persue the penalty charge - then I thought it might not be looked upon so kindly if the court knew I could have acted to nip it in the bud and didn't. However the council were not as agreeable as you naively point out - I did try resolving over the phone - council policy was that everything had to be in writing with copies of the ticket/permit etc sent in recorded delivery. |
Suing for frivolous parking ticket
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. Well done for trying at least. |
Suing for frivolous parking ticket
In message , JohnB writes
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 So everybody will be expected to contribute towards unnecessary costs incurred by the council's ineptitude rather than just him? Sounds (a) less unfair and (b) nothing new. -- Steve Walker |
Suing for frivolous parking ticket
Steve Walker wrote:
In message , JohnB writes 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 So everybody will be expected to contribute towards unnecessary costs incurred by the council's ineptitude rather than just him? Sounds (a) less unfair and (b) nothing new. Thats how local authorities work :-( ....or rather don't. John B |
Suing for frivolous parking ticket
On Wed, 17 Nov 2004 09:15:52 -0000, "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 Carlos, 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? There are far too many local authorities and councils deliberately taking the **** from motorists and see them as a prime target to raise additional revenue, by attempting to get motorists (and others) to pay fines, levy's and frivolous charges just to swell their funds. Stand by your guns, if you're right then you're in the right, but don't give way to threats and the possibility of legal action, if the council choose to sue you over £1 or 5 minutes let them go ahead and waste even more of their ratepayers money and funds. |
Suing for frivolous parking ticket
"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 |
Suing for frivolous parking ticket
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 |
Suing for frivolous parking ticket
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. |
Suing for frivolous parking ticket
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. |
Suing for frivolous parking ticket
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. |
Suing for frivolous parking ticket
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. |
Suing for frivolous parking ticket
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 |
Suing for frivolous parking ticket
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. |
Suing for frivolous parking ticket
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 |
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