Parking ticket help (Read 25704 times)

Andy F · August 10, 2011, 04:48:51 pm

I recently received a ticket for parking in a disabled bay. The sign on the bay was badly worn so the base of the wheel was missing and the yellow paint badly faded. This made it look like a parent and child bay, which is what I was looking for as I had the kids with me. There was no sign at the end of the bay indicating it was disabled. The bay to the right was a parent and child bay, the bay to the left a disabled bay. Other disabled bays in the same car park have bright blue and yellow hatching and a sign at the end of the bay. I have taken photos to show how degraded the sign was and gone through the parking company's appeal process (with no success, no surprise there).
Anyone know if I have a good case to fight

tomtom · August 10, 2011, 04:50:58 pm

Quote from: Andy F on August 10, 2011, 04:48:51 pm

I recently received a ticket for parking in a disabled bay. The sign on the bay was badly worn so the base of the wheel was missing and the yellow paint badly faded. This made it look like a parent and child bay, which is what I was looking for as I had the kids with me. There was no sign at the end of the bay indicating it was disabled. The bay to the right was a parent and child bay, the bay to the left a disabled bay. Other disabled bays in the same car park have bright blue and yellow hatching and a sign at the end of the bay. I have taken photos to show how degraded the sign was and gone through the parking company's appeal process (with no success, no surprise there).
Anyone know if I have a good case to fight

Whats the company Andy? or is it the council. If its a company they cant do anything.. its all bluster..

Paul B · August 10, 2011, 04:52:38 pm

Pepipoo forums have all the knowledge you'll need.

GraemeA · August 10, 2011, 04:52:50 pm

If it is a private car park then you can ignore the ticket - have a look at http://ukbouldering.com/board/index.php/topic,17107.75.html for all of the links etc to how to deal/ignore these charges.

Andy F · August 10, 2011, 05:34:52 pm

Quote from: tomtom on August 10, 2011, 04:50:58 pm

Quote from: Andy F on August 10, 2011, 04:48:51 pm
I recently received a ticket for parking in a disabled bay. The sign on the bay was badly worn so the base of the wheel was missing and the yellow paint badly faded. This made it look like a parent and child bay, which is what I was looking for as I had the kids with me. There was no sign at the end of the bay indicating it was disabled. The bay to the right was a parent and child bay, the bay to the left a disabled bay. Other disabled bays in the same car park have bright blue and yellow hatching and a sign at the end of the bay. I have taken photos to show how degraded the sign was and gone through the parking company's appeal process (with no success, no surprise there).
Anyone know if I have a good case to fight

Whats the company Andy? or is it the council. If its a company they cant do anything.. its all bluster..

The company is UKPC, not the council. I'm not paying, as they haven't properly indicated the bay.

Andy F · August 10, 2011, 05:35:35 pm

Quote from: GraemeA on August 10, 2011, 04:52:50 pm

If it is a private car park then you can ignore the ticket - have a look at http://ukbouldering.com/board/index.php/topic,17107.75.html for all of the links etc to how to deal/ignore these charges.

Thanks

tomtom · August 10, 2011, 05:37:49 pm

Just DONT respond to anything they send (I fear you already have)... ignore all their letters AND phone calls.
They are f*ckers and once they know they've got a contact they dont let go...

Andy F · August 10, 2011, 05:45:30 pm

I have already responded, but will have no further communication regarding this matter. They can shove it.

mrjonathanr · August 10, 2011, 06:12:15 pm

If the markings aren't the same as the ones illustrated in the highway code (even if they've just eroded away) then they are not legally recognized signs. And therefore have no legal meaning. You parked in an unmarked bay, legally speaking.

SA Chris · August 10, 2011, 07:53:26 pm

Disgusting behaviour, parking in disabled bays

ducko · August 10, 2011, 07:53:47 pm

as said above any use of signage requires too be clear and easily visable, if this is worn down then they dont have a leg too stand on

SA Chris · August 10, 2011, 08:24:47 pm

Quote from: ducko on August 10, 2011, 07:53:47 pm

they dont have a leg too stand on

Given the context, is this deliberate?

tomtom · August 10, 2011, 08:53:44 pm

Quote from: SA Chris on August 10, 2011, 08:24:47 pm

Quote from: ducko on August 10, 2011, 07:53:47 pm
they dont have a leg too stand on

Given the context, is this deliberate?

That's wheely not very funny..

SA Chris · August 10, 2011, 08:58:40 pm

Hop it!

Clart · August 12, 2011, 03:20:38 pm

That reminds me that women are like parking bays, all the good ones are taken so occasionally, when no one's looking, you have to stick it in a disabled one.
Probably stolen from the jokes page

As an aside I got clamped the other day, the bastard must have been waiting 'cos I can't have been more than 4-5mins posting a letter. £90 for release. I managed to haggle the thieving shit down to £60. It's a lot harder to ignore a clamp. I thought they were meant to be banning the practice?

andy_e · August 12, 2011, 05:52:55 pm

I got clamped last year to the tune of £100. Fuck that, robbing bastards, the clamper (who didn't understand the word "contract") must have been sitting in his van waiting for something interesting to happen to him. You're legally allowed to remove the clamp without damaging it though, and they're changing the law soon (I thought it had already gone through to be honest!)

Paul B · August 12, 2011, 07:40:13 pm

I don't think the 'self-help' argument is as plain and simple as you make out, for instance if its easiest to just pay and then claim the money back through the courts than going and renting an angle grinder (as if clamps were removable without damage they wouldn't really work) and using it to liberate your wagon of choice, then that is the path you are obliged to take.

andy_e · August 12, 2011, 08:48:54 pm

If you jack the car up, some certain types of clamp can be removed without damage to either the car or clamp.

LucyB · August 13, 2011, 10:49:11 am

I got done by Excel parking services for parking in a disabled bay. Yes, hands up, I did park there. I was having a very bad day, baby was asleep and toddler refusing to come in - I only wanted to buy one thing, in and out, but there were no parent and child parking spaces. There were 5 empty disabled bays right outside the shop where I could keep an eye on the kids. Poor excuses all, but I did it, was away from the car for approx 3 minutes during which time the ladyman with a shit job had rushed over to give me a ticket.

I drove off before s/he even put the ticket on the car and have ignored all letters so far.

I am now getting a bit gripped though - it has been passed to a debt collection agency who say they will pass it to their solicitor for 'potential legal action'. There are so many opinions that they can't/ won't do anything, but they are fully aware of this because so many people are ignoring them. What's to stop them actually going through with it prove the point that they will. What if it's me they choose to go for?!

tomtom · August 13, 2011, 11:01:14 am

Mrs T stopped recieving the solicitors letters about 6 weeks ago. From Graham White? BTW, they're not a solicitors if you research them.. Nothing since. Its like double glazing sales, they'll keep on having a punt until someone bites... If we get a summons I'll post up... To assuage MrsT's fears I've offered to underwrite any court costs if they ever happen (which I'm sure they wont).

Though according to the test cases, they cannot claim a fine - as you've not broken any laws - all they can do is claim the damages to the parking company (ie the fee you didnt pay) which for MrsT is 50p (seriously). And reasonable costs - which are NOT the £200 they claim. It would probably be £30-40 for the small claims court costs. In any case I doubt you had to pay for the disabled parking - so god knows what they can charge you for! nothing I suspect!! These people can not issue fines... that is borderline illegal.. all they can do in court is claim back the cost of the parking ticket you may not have paid.

Of course the other tack to take is if.. that is IF they ever take you to court just say that you were not driving. As its a private civil case (unlike speeding or parking on a double yellow) you are NOT obliged to say who was driving the vehicle. So you could quite reasonably argue that you didnt know, but you are sure that is wasnt you - as you were doing XYZ instead...

andy_e · August 13, 2011, 11:30:42 am

Tomtom's on the money here, I researched the one I got a ticket off in the Arndale centre in Headingley and their registered address was an abandoned warehouse. Most people don't know they can't enforce anything and duly cough up the demanded sum, which is unfortunate for them!

LucyB · August 13, 2011, 11:43:03 am

Cheers!

andy_e · August 13, 2011, 12:01:23 pm

The best way to avoid paying a ticket is to not get one in the first place

Bubba · August 13, 2011, 01:27:38 pm

That's really helpful advice.

LucyB · August 13, 2011, 07:16:41 pm

Ah, the smugness of youth