How to fight your parking ticket

 
We all get them but do you know your rights when it comes to parking tickets and that there are many occasions when you simply do not have to pay it?

Grounds for appealing your ticket

There are 6 main legal grounds for appeal against a parking ticket which are as follows:

1) The contravention did not occur (This covers misleading signs, non-visible signs & markings, loading, in valid permit/parking voucher displayed, ticket was not issued etc.) 

 
If you feel that the signs were misleading or non-existent, appeal.
 
If the ticket was not put on your car i'm afraid you cannot appeal. This is a big misconception as it used to be the case that you could, but the law changed. However, if the council post the ticket to you they must have evidence in the form of a photo that the parking contravention occured. If the council cannot supply this, then you can argue the contravention did not occur. Check the photo carefully against the actual area. Has it been cropped to make it misleading, does the picture actually show a contravention, is it marked with date and time, does it definitely show your car? In many instances, there may not be sufficient proof.
 
If The Notice arrives more than 6 months after the alleged offence, you can appeal.

2) The penalty exceeded the relevant amount. 

 
If you are fined by a parking attendant, rather than a private company, the penalty will be either £70 or £35 if paid within 14 days, or £50 reduced to £25 if paid within 14 days, depending on the nature of the offence.
 
Fines issued in London can be higher.
 
If your ticket exceeds the standard amount applicable in the area, you can appeal. 

3) The Traffic Regulation Order was invalid. (This only applies if the authorities regulations are legally defective) 

4) You were not the owner of the vehicle when the alleged contravention occurred. 

 
All you need to do in this case is inform the issuing office that it is not your vehicle and give them the owners details.

5) The vehicle was taken without your consent  (stolen) at the time the alleged contravention occurred. 

 
All you need to do in this case is provide the issuing office with a crime reference number.

6)  You are a hire car company and have supplied the hirer's name and address.

 

 

Disclaimer

Whilst every effort is made to ensure that the legal information contained on “consumeruk” is accurate, it does not constitute legal advice tailored to your individual circumstances. If you act on it, you acknowledge that you do so at your own risk. Neither the Proprietor nor Dean Dunham can assume responsibility and do not accept liability for any damage or loss which may arise as a result of your reliance upon it.

 

 

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