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Secretary’s Scribbles

Posted on 09/04/16 |

Have you ever received a parking ticket and felt aggrieved?  Have you ever thought about appealing but then decided it was all too much trouble?  Perhaps the information in a recent email I received from Saga will be of interest – and saving it on your computer may help you in the future if that ‘yellow envelope of doom’ ever finds its way onto your windscreen.

The article by Hannah Verdier begins with a disclaimer, “This article is for general guidance only and is not financial or professional advice.  Any links are for your own information, and do not constitute any form of recommendation by Saga”.

Hannah starts by quoting parking ticket expert, Barry Segal, who explains that there are two different types of ticket.  “There’s a penalty charge notice, commonly called PCN which is issued by a local authority.  Private parking companies call their tickets a parking charge notice, which sounds similar.”  The way of appealing differs between the two types.

Lisa Webb, Which? Consumer law expert says “If you receive a parking ticket from a council, the Police or Transport for London, you need to follow that authority’s process for appealing the fine.  If the appeal is accepted, the fine will be cancelled.  If it is rejected you need to decide whether to appeal to the independent adjudicator.

“Unlike these official public bodies, private parking companies can’t fine you.  So they issue a notice which acts like an invoice.  Failure to pay can result in the company pursuing you through the courts for unpaid charges.  To appeal these you need to follow the company’s internal appeals process.  If the appeal is rejected you should check to see if the company is a member of an accredited trade association and follow its formal appeals process.”

Citizens Advice provides a comprehensive list of valid reasons why you could appeal.  These include:

  • There was no way to pay.
  • The parking meter or pay-and-display machine was out of order and there were no signs instructing you on how to make payment.
  • Your car broke down and you were waiting for it to be fixed or towed away.
  • You found it difficult to walk back to your car in time because you have a disability.
  • You returned within the grace period(Local authorities should allow a 10-minute grace period after your paid-for time expires before issuing a ticket but private companies are not legally required to do this).

Lisa Webb says you should gather as much supporting evidence as possible to help your appeal – such as any photos of broken parking meters or unclear signs.  You should explain your position clearly and give details as to why you think the ticket is unfair.  Which? has templated letters you can use to appeal.

If you’re offered a discount for paying the fine early don’t be panicked into paying because as Citizens Advice warns you are effectively admitting that the ticket was correctly issued.

Always remember wheel clamping on private land is illegal and if a private company demands a penalty on the spot you should contact the police.  Don’t be fooled by text messages notifying you of a parking ticket.  This will be a scam. Ignore it and report it.

I hope you don’t receive a parking ticket but if you do I hope this advice is useful.

                                                                                                                Gary Whittle