Contesting a parking ticket - any experience?

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KM
Posts: 185
Joined: 10 Dec 2006 19:38
Location: Sydenham

Contesting a parking ticket - any experience?

Post by KM »

Does anyone have any experience of contesting parking tickets successfully?

I got a parking ticket last week for parking 'one or more wheels on/ over a footpath' - £110 reduced to £55 if paid within 14 days.

The Council recently painted parking bay areas on Peak Hill - white broken lines etc, but there are no signs to say you have to park in them. But, there is still an old sign showing you can park on the pavement, which seems to contradict the note on the ticket. I parked on the pavement (all wheels as the pavement is wide), in an unmarked area one late night last week, parking in a space I have used for years, getting a ticket the next morning.

Do I have a case to contest the ticket?

Any tips gratefully received.
Eagle
Posts: 10658
Joined: 7 Oct 2004 06:36
Location: F Hill

Re: Contesting a parking ticket - any experience?

Post by Eagle »

Whilst I am very much against cars parking on the pavement you may have a case . If the old sigb still there you MAY have case.
michael
Posts: 1274
Joined: 26 Sep 2006 12:56
Location: Forest Hill

Re: Contesting a parking ticket - any experience?

Post by michael »

If there is a sign showing you can (should) park on the pavement then I would take a photo immediately of the sign in relation to where you were parked and you should have a good case contesting the ticket. Signage for parking should not be contradictory and if it is then enforcement cannot really be considered.

However if the sign was like this http://goo.gl/maps/BB2Y then you either need to be on the pavement or the road, not half and half.

Not that I'm a lawyer - I must add.
KM
Posts: 185
Joined: 10 Dec 2006 19:38
Location: Sydenham

Re: Contesting a parking ticket - any experience?

Post by KM »

Thank you for replying everyone. And thanks Michael - that sign appears to be further up the road opposite St Bart's.
I've just taken 2 photos of the old signs by the junction of Kirkdale, which are about 30 metres from where I parked, showing parking is permitted on the kerbs on both sides of the road.
You can see the broken white lines - I parked just beyond that huge tree on the right, not in a marked area.
Maybe the Council forgot to remove the old signs and at the same time, forgot to tell residents about the change in parking...!
ALIB
Posts: 1553
Joined: 12 Oct 2006 21:34
Location: East Sussex

Re: Contesting a parking ticket - any experience?

Post by ALIB »

Most people contesting a parking ticket get let-off. Trying to pursue a legal route is too costly.

I am no lawyer, but I think you have valid grounds for contesting, in that the signs clearly indicate you can park there.


As an aside, this Tuesday i witnessed a traffic enforcer giving a ticket to a car at 7.30am in Sainbury's car park, Forest Hill. The car park was almost devoid of cars and yet a ticket was issued because the driver forgot to get a validation ticket from the machine.

OK, the car driver was at fault, but only by a few minutes.

and the real irony is that the parking enforcer failed to get a ticket for his own scooter which was parked in a bay opposite.
I have emailed Lewisham the information, but have yet to get a reply

To: Parking <Parking@lewisham.gov.uk>
Sent: Tuesday, 3 July 2012, 10:07
Subject: yet again

Yet again i have to email your department. This morning I have witnessed simply outrageous (non) activity by your parking wardens.

As you may be able to gauge from my address, I live directly opposite Sydenham Girls School. On a daily basis from 7.30am-9am and from 3.15pm to 3.50pm I have to endure (illegal) parking across my driveway. Your enforcers do nothing, so as a self-employed person i endure abuse and threats from parents and pupils.

I walked down Dartmouth Road this morning to see vans and cars parked on the kerbs and pavements. And yet your department does nothing. NOTHING about it. This causes obstructions to both traffic and pedestrians.

So i was parked in Sainsburys (Forest Hill) this morning at 7.30am and witnessed one of your scooter riders issuing parking tickets in a fundamentally empty car park.

This is outrageous. Really outrageous, because the Parking enforcer had parked his scooter in a parking bay, and not bothered to get a parking ticket for his own vehicle. (photos attached )

I suggest all tickets issued in that car park today be voided, because legal action is a very likely possibility if these tickets are persued.

Attached are photographs of your 'enforcer' and his unticketed machine

regards

Ali B

Image


Image
michael
Posts: 1274
Joined: 26 Sep 2006 12:56
Location: Forest Hill

Re: Contesting a parking ticket - any experience?

Post by michael »

KM,
If there is a sign showing that you should park on the pavement, and this is adjacent to a marked area, I think it is reasonable to assume (and probably in law) that parking on the pavement is only allowed in the marked areas, not beyond the marked areas. This allows the council to ensure driveways are not blocked and narrow sections of pavement are not blocked by parked cars.

Based on that photo I would begin to suspect that you might not have such a cut and dry case, but then what would I know, I've never contested a parking ticket because I've never got one.
Bazman76
Posts: 252
Joined: 9 Aug 2011 16:29
Location: SE26

Re: Contesting a parking ticket - any experience?

Post by Bazman76 »

try this:

http://www.appealnow.com/

I forget the exact statistic but a surprisingly high number of parking tickets are overturned it's well worth a try.
Eagle
Posts: 10658
Joined: 7 Oct 2004 06:36
Location: F Hill

Re: Contesting a parking ticket - any experience?

Post by Eagle »

I would just accept your punishment. Pavement parking is always anti social even if sometimes not strictly illegal.
Manwithaview1
Posts: 2162
Joined: 21 Jan 2012 21:23
Location: Sydenham Hill Estate

Re: Contesting a parking ticket - any experience?

Post by Manwithaview1 »

If ever you get a non council ticket I would use my letter, which is on the Consumer Action Group website as well

Stating that under constitutional law they are breaking the law by demanding money from me before any court conviction (bill of rights 1689) and any claim they had would be null and void as they had demanded monies from me.

As they had written to me twice I had to advise them of the terms and conditions of writing to me, which are thus:

I will accept two free letters but any third letter received; would trigger the acceptance of the fact that they would have to pay me an admin fee of £50 per letter, but the third letter would also be a free letter unless I received a fourth letter related to this matter. In which case I would have to charge for ALL four letters. I would invoice them and request payment within 7 days otherwise court action would follow on the 8th day. The terms are fair under the Unfair terms Act 1999 as this is for my time and expenses. Any fifth letter would trigger a harassment action under the 1997 Protection from Harassment Act, which I would be entitled to claim £5,000 in damages for mental anguish.

Funny thing was they refused to contact me saying the ticket was cancelled because it was letter 3 :lol:
Moonpig
Posts: 22
Joined: 3 Nov 2009 09:15
Location: SE26

Re: Contesting a parking ticket - any experience?

Post by Moonpig »

The parking on Peak Hill is also a mystery to me - I was told a couple of years ago by a long-term resident, that you couldn't park on the right hand side at certain points, but that parking on the left hand side with 2 wheels on the pavement (even though this pavement is narrower) was allowed all along the road. Then, as you say, a couple of months ago (without notifying residents), new parking bays were painted on the kerb which contradicted the above, however the bays have not been painted all along and I noticed the other day someone not parked in a painted bay was ticketed. I would try and contest as it definitely isn't clear and the rules seem to have changed over the years!
Also had the misfortune to be caught out in the FH Sainsburys car park - my other half misread the sign and only saw the 2 hours free parking bit so did not display a ticket- he can't have been there for more than 20 minutes and the traffic warden had seem him arrive as my other half saw him when he pulled in - granted my other half's fault for not reading properly, but a real shame that the traffic warden decided to cash-in instead of waiting the allotted 2 hours before dishing out the ticket!
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