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Parking ticket worth a challenge
- Thread starter mick4545
- Start date
WannabeOwner
Well-Known Member
Me too. I work on the basis that so long as it has cost them more (i.e. on Admin) than the fine I'm ahead.
Last time the Judge found in my favour (I just submitted written evidence and mitigating circumstances) ... but did not agree with my other point, that I had been "entrapped" by the parking company ... pity!
Underground carpark, no phone signal, only possible to pay by phone, very noisy road outside and unable to get the voice-recognition to recognise my reply ... 10 minutes-ish to get to somewhere quiet. They had put a ticket on the car within 5 minutes. So ... they had my payment for 3 hours, and also my caller ID for the successful payment and earlier attempts ... the attendant at the carpark (when I returned and asked if I could speak to someone about the ticket) said "Yeah, they do that as soon as anyone parks" ...
The judge knew the area, agreed that the traffic noise nearby would make it impossible ... but does that mean that the parking ticket company were told not to do it again? Doubt it.
That's part of the problem (no offence implied). My time is precious too, and I too spend money to avoid wasting time ... but if it is a point of principle and/or I think other people are being bled dry by it, I stand my ground.
As best as my memory remembers it Government have cracked down on these "carpark clamping/ticket scams", but of course the scammers just figure out how to work around the legislation - the legislation should say "Or anything else that SMELLS like this" ... Google says that is "Vel aliud quod olet sic" in Latin, so I expect that would do ...
You are absolutely correct. They rely on people being scared into paying, or in my case, having too much other stuff going on in my life to have appetite for another battle.
I have only had two parking tickets in my life. One was my fault (mis read the sign in a hurry) and the other I decided to fight and win.
I think the moral of the story should be to fight as once they realise you are not going to give in, they usually do.
I have only had two parking tickets in my life. One was my fault (mis read the sign in a hurry) and the other I decided to fight and win.
I think the moral of the story should be to fight as once they realise you are not going to give in, they usually do.
WannabeOwner
Well-Known Member
My daughter parked at station. Station car park, in front of station, was full, but there was an additional parking area to the side. She parked there, the path to station went right past the ticket machine ... bought a ticket ... only trouble was the "next door" carpark was not the station, it belonged to someone else and she had bought a Station Carpark ticket.
In the old days presentation of the station carpark ticket would, I am sure, have resulted in "Just pay the equivalent period for our car park", but in these modern times it was "No valid ticket displayed, pay the full fine". I do wonder if the station put their ticket machine there deliberately ... and of course the neighbouring carpark could put up a sign at the exit to that pathway to alert people ... worst side of modern capitalism.
I lost that fight
In the old days presentation of the station carpark ticket would, I am sure, have resulted in "Just pay the equivalent period for our car park", but in these modern times it was "No valid ticket displayed, pay the full fine". I do wonder if the station put their ticket machine there deliberately ... and of course the neighbouring carpark could put up a sign at the exit to that pathway to alert people ... worst side of modern capitalism.
I lost that fight
I haven't had one for a few years, but I twice had Leeds City Council parking tickets overturned "as a gesture of goodwill" (
) because the pre-printed wording on the back of their ticket reels which had the T&Cs did not meet the standards set out by UK law on a couple of points. I don't know if they've changed the wording yet, but I doubt it. I do sometimes wonder if I should get a ticket on purpose when back visiting Leeds to check...
It's always worth challenging something where you know, or think that you're in the right. And even if they reject the first time, don't be afraid of going back again with the same or similar approach.
) because the pre-printed wording on the back of their ticket reels which had the T&Cs did not meet the standards set out by UK law on a couple of points. I don't know if they've changed the wording yet, but I doubt it. I do sometimes wonder if I should get a ticket on purpose when back visiting Leeds to check...It's always worth challenging something where you know, or think that you're in the right. And even if they reject the first time, don't be afraid of going back again with the same or similar approach.
EVer Hopeful
Active Member
Oh definitely f**k with them. It'll take time, but it's sort of fun AND you'll learn a lot
You'll have to do a lot of reading but in the end you'll find something that doesn't fit and even if they rule against you you'll have a basis for an appeal
Fort instance, did they said you have to "display the ticket"? Then what's the definition of "display"?
Who cares what side is facing up? ... you still displayed it
I had to fight a zoning case in my neighbourhood and once I started reading up about it, I found many, many errors in what they were presenting ... not the least of which was that they said they wouldn't pursue the regulation in the way it was written
It was very interesting to troll through the city ordinances. Very educational
You'll have to do a lot of reading but in the end you'll find something that doesn't fit and even if they rule against you you'll have a basis for an appeal
Fort instance, did they said you have to "display the ticket"? Then what's the definition of "display"?
Who cares what side is facing up? ... you still displayed it
I had to fight a zoning case in my neighbourhood and once I started reading up about it, I found many, many errors in what they were presenting ... not the least of which was that they said they wouldn't pursue the regulation in the way it was written
It was very interesting to troll through the city ordinances. Very educational
they don't define 'correctly'. Without that definition how are you able to comply?
EVer Hopeful
Active Member
If you don't have definitions in laws ... what do you have?
Who's to say printed side up, but arranged with the writing upside down is "correct"?
...or more than six inches away from the A pillar so the hooded guard has to lean over?
Can they even prove it was upside down?
In any event read the sign (ok it's for a different town) it says "A penalty charge will be issued if the vehicle is parked: without a valid pay and display ticket"
It doesn't even say you have to display it ... unless they want to discuss the meaning of the word "valid"
I bet if you poked around enough you could find regulations on what's supposed to be included in signage
Who's to say printed side up, but arranged with the writing upside down is "correct"?
...or more than six inches away from the A pillar so the hooded guard has to lean over?
Can they even prove it was upside down?
In any event read the sign (ok it's for a different town) it says "A penalty charge will be issued if the vehicle is parked: without a valid pay and display ticket"
It doesn't even say you have to display it ... unless they want to discuss the meaning of the word "valid"
I bet if you poked around enough you could find regulations on what's supposed to be included in signage
Billbrown1982
TM3 LR 2021 | Red | FSD
Not even that hard to find but it depends greatly on who the parking company is and if they are part of the BPA for example.
I've fought a few tickets in the past and won. Funny thing is that they often end up being thrown out not because of the actual genuine reason that I appealed, but due to them not having the correct permission from the land owner or using the wrong kind of font on their signage etc etc.
As you say, a lot of these are very easy to get overturned, IF your willing to put in the leg work.
WannabeOwner
Well-Known Member
I had an incident that I felt strongly was unjust, so did the BPA ... the parking company was a BPA member, but when BPA found that it was at a station then BPA said that they had no adjudication on station car parks, even though their member was providing the service there <Doh!> ...
I had a pre-booked space, there was only one left, when I got there, which was a corner slot and impossible to get into with big SUV parked nearby ... I had to park, in that slot, but at an angle up on the grass verge - got a "Not in bay" ticket.
Court agreed with me ...
Not sure about Texas but parking wardens here photograph cars when issuing a ticket.
EVer Hopeful
Active Member
I would imagine Texas too - now that cameras are so ubiquitous. However the point is more making them prove they did. It's a chink in their armour and if you attack enough of them, you'll find some place where you'll penetrate
Maybe they never checked the picture and it's all blurry and unusable in court. Maybe there's too much reflection for it to be readable
Maybe they never checked the picture and it's all blurry and unusable in court. Maybe there's too much reflection for it to be readable
Just in front of me traffic warden issued a parking ticket for the car parked without any ticket on the council car park.
He took like 8 pictures: all signs with parking rules around it, all 4 sides of the car and couple pics of the front window.
Believe me, they are really really well covered in such case
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