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Avoiding paying a parking ticket

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Old 18 October 2000, 10:59 PM
  #1  
Mike R
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I received a parking ticket on my motorbike this morning in London. I parked the bike in front of a building so as to securely chain it to a railing (this meant it was technically on the pavement as it turned out). 15 minutes later, I recieved a ticket (tucked precariously under a part of the saddle). Another bike has also got one, but the 6 vans in the road on the double-yellows don't get one. The infringement is that I have parked with 1 or more wheel on the pavement. The council parking attendant walked past me as I was chaining it up and said nothing (unsurprisingly).

So, silly me.

But, I'm not minded to pay because I was applying common sense in chaining it to a railing (of the building I was visiting) and it was not causing any obstruction.

Do I:
1. Pay up £40 and learn my lesson.
2. Challenge it straightaway (this failed once in the past)
3. Pretend I never received it
4. Wait until the 28 days elapses and then challenge it.
5. Not answer any mail in connection with it.
Old 18 October 2000, 11:31 PM
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Blow Dog
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Angry

The parking authorities have taken this situation into unbelievable realms. I know for a fact that wardens are giving so many people tickets, even those that have parked legally, because so many people just cant be bothered to contest it. So what happens? They get the commision for the booking.

I have just sent 2 tickets with a very nasty letter back to my local council, refusing absolutely to pay the fines.

Contest it, this is getting pathetic!

Cem
Old 18 October 2000, 11:39 PM
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SCOTTY
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Angry

Hand over your hard earned £40 so the goverment can waste it on something stupid. Otherwise they'll only steal more from you.
Sorry to sound so negative but I had a telling off from a warden in Hull for parking my moped on a pavement that nobody could even walk on and don't anyway as it's 10 foot long goes nowhere and is blocked off at both ends!!!!!!


Old 19 October 2000, 12:32 AM
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TonyFlow
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Angry

I'd pay it, I got a £20 parking ticket for using a loading bay where I used to work (I was loading), it went to court, and the prosecuting solicitor stated that I was allowed to use the area to load (which I was), he then said that he didn't believe that I was loading (despite the fact the company car park was about 10yards away), and I just 'risked' it, the fine went from £20 to £70 (at the time I was unemployed, so it was quite a big leap)
Old 19 October 2000, 09:43 AM
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RonaldoH
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Exclamation

Personally I would pay it. I got a £40.00 fine for parking a 7 series BMW over a bay by 5 inches. Petty I know, but cheaper than challenging it.

Ronaldo
Old 19 October 2000, 01:13 PM
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JO
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Anyone remember the opening credits for the 80's TV series The Gaffer with Bill Maynard!
Old 19 October 2000, 01:50 PM
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Blow Dog
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Just coz u challenge it, dont mean you have to pay more. If it turns out you lose, you just pay the original fine.
Cem
Old 19 October 2000, 02:00 PM
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healeyb
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This is how you do it. I once got a parking ticket issued during a visit to Bradford. I felt that I had good reason not to pay the penalty, and resisted all demands for payment.

Finally I received a writ for the small claims court to be heard in Bradford. I had learnt that it is possible for the respondent (me) to be able to have a case transferred to their local court, and that unless serious grounds exist that it is likely that the claimant would be unable to oppose such a move.

As it turned out this is exactly what happened. I requested that the case be transferred to Reading, the parking people in Bradford objected but their objection was not considered valid.

Having achieved this, the case was won as it would not be economic for them to contest the dispute due to the travelling expenses involved, the fact that witnesses would need to be present in court (& not doing their usual job), possible legal expenses and the not inconsiderable chance that they wouldn't win the case.

In the event I attended the court, they didn't turn up and I got £80 expenses.

In my case the ticket was issues a long way away from where I live, and I genuinely felt that I had grounds to dispute the claim.

If you obtained a ticket in your local area I see no reason why, if you've got an Uncle in the outer hebrides, you couldn't claim to be residing there for a period and get the case transferred. When the writ turns up by registered post, your uncle throws it away and that's the end of that. I would not advise telling a court you live where you don't though I can't see that anyone would know differently.
Old 19 October 2000, 02:17 PM
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DavidRB
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The courts take a very dim view of perjury, if it's ever proven.

Decide if it's worth contesting or not. Then contest it, or pay up. Just don't ignore it.
Old 19 October 2000, 02:19 PM
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mutant_matt
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Contest it. Local authorities (who now run the Parking Ticket enforcement) are required to operate in a "reasonable" mannor. It is quite clear that the warden in question failed to live up to that but this is probably not enough by itself. However, if you contest the ticket when you get it, you will either on that Ticket or on a following letter once you have contested it, another letter which will ask you on what grounds. This will have tick boxes as to the acceptable reasons why you are not liable to pay. When this happened to me, I send it back with no box ticked telling them I did not know what they were talking about. Eventually, it went to mediation, which is an independant body in the Haymarket, London, which will decide your case. The council will be required to supply plans of the area you parked in along with a statement of what happened. They will more than likely get this wrong, as the warden won't be able to remember your particular case. You should then be able to argue that if the council can't get the details of where you parked correct, they can't fine you for it as they are obviously incompetent. It worked for me but make you own mind up!!
Old 19 October 2000, 02:38 PM
  #11  
healeyb
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Perjury is when you take an oath on the witness stand and say something that is proven to be knowingly untrue under oath. There would be implications if you were to give knowingly incorrect information in a witness statement or affidavit. Asking a court to transfer a case to your local court is none of these things. Though you would need an address.
Old 19 October 2000, 02:44 PM
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AWD
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You might as well contest it. A friend of mine recently successfully contested a parking ticket for his bike in central London.

You have nothing to lose.

Good luck.

Old 19 October 2000, 04:57 PM
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DavidRB
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Wink

healyb: Don't worry, I fully agree about getting the case moved to a local court. In this case, getting it moved from Central London to Slough seems entirely reasonable. I was concerned in case everyone starts sprouting uncles in the Hebrides.
Old 19 October 2000, 06:00 PM
  #14  
Mike R
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Thanks for all your advice.

I shall follow mutant_matt's guidance. How ironic that I was parked about 400 yards from the mediators in Haymarket.

Let's hope common sense prevails and Westminster Council get tied up in red (or should that be double yellow) tape
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