RR Phantom
Location : Wasted Space
Job/hobbies : Cayman Islands Actuary
 |  Subject: UK councils reject parking ticket appeals even if you have done nothing wrong: Here's how to fight back  Tue Feb 28, 2017 9:38 pm | |
| Every time Valerie Jacobs visits her brother in North London she pops a note on her car dashboard that says: 'Collecting carers' parking permit. Back in one minute.'
She does this so that passing parking wardens don't issue a ticket while she runs up to her brother's flat to grab the permit that she shares with his two other carers.
But in January the retired British Red Cross worker returned to her blue Nissan with the permit to discover a £110 fine stuck to her window screen.
Valerie, who is in her 70s, wrote to Barnet Council to explain the situation. But it refused to waive the fine.
HOW TO FIGHT A FINE - AND WIN
If you find a parking ticket on your windscreen, you have two options: you can pay it or challenge it.
Most councils offer a 50 per cent discount if you pay within 14 days. But if you intend to appeal, do NOT pay first.
You might hope doing so will protect you against a higher bill if you later lose your appeal, but the council will just take the money and close the case.
Your first step should be to make an informal challenge. Write to the council — quoting the PCN reference number — and explain why you think you shouldn’t have to pay.
Include any evidence such as photographs of parking signs, copies of your permit or ticket and witness statements.
Make copies and don’t send the originals, as you may need them later in the process.
Your claim will be reviewed by the council or the private firm hired to issue tickets. If you are rejected you can pay or challenge the fine formally.
Most councils offer a 50 pc discount if you pay within two weeks of receiving your rejection letter. This is your last chance for a discount.
If you want to appeal further, wait for a Notice to Owner letter to arrive. Councils will send this 28 days after responding to your informal challenge.
Once issued, you have 28 days to make a formal representation. This involves resending all your evidence and explaining your argument again.
If you are sent a parking ticket through the post because you were caught on CCTV, you jump straight to this stage.
You also have 21 days to pay the fine at the reduced rate instead of just 14.
The council has 56 days to investigate and respond. If it fails to do so, you win by default. If it throws out your appeal you’ll be sent a Notice of Rejection.
You have 28 days to pay the full fine or take your complaint to an adjudicator.
If you’ve come this far, you may as well go on as your fine won’t increase any further. And it is rare for councils to try to recover legal costs if you lose.
Appealing to an adjudicator sounds very official, but it’s free and quite informal. Adjudicators are trained lawyers and don’t work for the council.
You’ll be sent a Notice of Appeal form to submit. And you’ll need to send all your evidence again.
Many cases are dealt with by phone, online or post. Few appeals require a face-to-face hearing in a court. You don’t have to attend if it does — though it may help.
If the adjudicator sides with you, the council will cancel the fine.
If it doesn’t you’ll have 28 days to pay or the fine will increase by 50 per cent.
http://www.dailymail.co.uk/money/markets/article-4269234/How-councils-reject-unfair-parking-ticket-appeals.html |
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