Challenging a Parking Ticket

[donkey]

I recall that someone on here may be able to help me challenge a parking ticket (GFM?).  I got it yesterday (as if that performance wasn't enough to put me in a bad mood).  I've just been on the website and the picture they have isn't my car...is this enough to offer a challenge?

All help gratefully received.

[Arriba]

where were you parked?

[donkey]

Eastern Avenue

[Reg Smeeton]

 I got a parking ticket when the pic showed my resident's parking permit was up to date..
nevertheless contesting it was a problem...and my tendency to go ballistic at SBC employees, wasn't helped when on rescinding it, I got an official written warning not to do it again. No fucking apology that their stupid warden didn't know what year it was, so caused me to waste my time, when I'm one of the cunts that keep them in a job 

[donkey]

Thanks Reg...I won't shout at anyone (I reserve that for linesmen and referees).

[Reg Smeeton]

Thanks Reg...I won't shout at anyone (I reserve that for linesmen and referees).

It's best not to, and I do try, but somehow the red mist just does descend.

This particular instance on pointing out to the jobsworth the comedy value of being given a ticket for an out of date permit, which clearly wasn't based on their own evidence, was going OK, until I noticed the bint write on my challenge form, a little note...."sorry to waste your time" as it had to be passed upstairs for authority. That was me gone.

[donkey]

It's best not to, and I do try, but somehow the red mist just does descend.

This particular instance on pointing out to the jobsworth the comedy value of being given a ticket for an out of date permit, which clearly wasn't based on their own evidence, was going OK, until I noticed the bint write on my challenge form, a little note...."sorry to waste your time" as it had to be passed upstairs for authority. That was me gone.

Yeah, fair play...I reckon the old red mist would've decended for me too.

[LucienSanchez]

It's always worth a challenge... I have gotten off twice because the yellow lines were incomplete or not completed with a 90 degree 't-bar' at the end. If they don't comply with their own guidlines, they aren't legal lines apparently...

[Reg Smeeton]

It's always worth a challenge... I have gotten off twice because the yellow lines were incomplete or not completed with a 90 degree 't-bar' at the end. If they don't comply with their own guidlines, they aren't legal lines apparently...

 You've done well there..one of my classics is when the wardens coned off my street. I asked if I needed to move my motor they replied technically no as it was parked there before the coning so it's not retrospective the cones are only valid from when they stick them out.

 Right thinks I,  seeing as how it's quiet, I'll take advantage...move the motor one slot forward to get the vacuum cleaner in, hoover up the crap inside. Duly done...notice about an hour later a parking ticket.

 I fought long and hard to get that bugger rescinded, but to no avail...their argument, because I moved the car technically I had now entered the coned off zone....my argument having been given permission to stay...I had not in fact left the zone, but rather relocated in it. Their argument...how does our warden know that it's just your word. Cunts...

[LucienSanchez]

I must have been lucky... i didnt even have to argue, just sent my challenge email, waited a week and hey-presto; £30 saved.

[Reg Smeeton]

I must have been lucky... i didnt even have to argue, just sent my challenge email, waited a week and hey-presto; £30 saved.

 I do often suspect that as someone with previous with SBC, that they're out to get me, might just be paranoia, but Ive had so much shit down the years.

 A similar thing happened with OB some years back when I seemed to get picked up, for  a string of spurious reasons after they failed to get a couple of things to stick.

[Gazza's Fat Mate]

Sit tight and I'll pm you so stuff when I am at work tomarrow. It's quite helpful and it is basicly just stuff I have gathered from the web as it is not really what I do but I did alot of research for a client a abit of brown nosing. I'll PM you tomoz but one tip I would give you is don't get arsey becasue you will have some cunt like me at the other end and if you piss them off all they will do is make things as hard as they can for you turst me I'm the biggest cunt of all.

[Gazza's Fat Mate]

This might help it is an extract from the letter of advice I did for my cleint. It is basicly stuff I got of the web but it may help it may not.

As you are probably aware Private Parking Companies rely on the law of contract as the basis for claiming and enforcing penalty notices.  This differs from notices issued by police or local authorities that are issued pursuant to the Road Traffic Act 1991. 

The long established remedy for breach of contract is damages and the measure of the same is to put the injured party in the same position had the breach not occurred.  Clearly, therefore there can be no loss if the car in question was parked in one of our spaces that have already been paid for.

It is for you to demonstrate the loss you have incurred due to the breach.  It is trite law (Wilson v Love 1896, Dunlop Pneumatic Tyre v New Garage Motor 1915 et al) that you cannot charge a penalty for breach of contract, i.e. where the sum bears no relation to the potential loss.  Indeed, it is noted that you even refer on the ticket several times to it being a penalty. 

 

Additionally, the Unfair Terms in Consumer Contracts Regulation 1999 and related Statutory Instrument 1999 No. 2083, in particular at section 5 states that unfair terms are:

 

(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

 

There is also the Unfair Contract Terms Act 1977 that states in section 4 that:

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question –

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

(b) is to the person dealing as consumer or to someone else.

Clearly the charging of £50 (increasing to £100) is wholly unreasonably.

Private parking companies rely on motorists ignorance of the law and most people pay up. If anyone receives a sealed Claim Form from OPC and or the court then I will happily draft a defence for you (no charge of course).   

[billy the fish]

I recall that someone on here may be able to help me challenge a parking ticket (GFM?).  I got it yesterday (as if that performance wasn't enough to put me in a bad mood).  I've just been on the website and the picture they have isn't my car...is this enough to offer a challenge?

All help gratefully received.

picture not your car,not your problem. unless they can prove you where there your stuck
they may have the right reg no but they still have no proof you where there
i would challance it but if its just £30 i would pay it, don't think its woth the hassle of going to court & taking time off work
its up to you

[strooood]

This might help it is an extract from the letter of advice I did for my cleint. It is basicly stuff I got of the web but it may help it may not.

As you are probably aware Private Parking Companies rely on the law of contract as the basis for claiming and enforcing penalty notices.  This differs from notices issued by police or local authorities that are issued pursuant to the Road Traffic Act 1991. 

The long established remedy for breach of contract is damages and the measure of the same is to put the injured party in the same position had the breach not occurred.  Clearly, therefore there can be no loss if the car in question was parked in one of our spaces that have already been paid for.

It is for you to demonstrate the loss you have incurred due to the breach.  It is trite law (Wilson v Love 1896, Dunlop Pneumatic Tyre v New Garage Motor 1915 et al) that you cannot charge a penalty for breach of contract, i.e. where the sum bears no relation to the potential loss.  Indeed, it is noted that you even refer on the ticket several times to it being a penalty. 

 

Additionally, the Unfair Terms in Consumer Contracts Regulation 1999 and related Statutory Instrument 1999 No. 2083, in particular at section 5 states that unfair terms are:

 

(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

(5) Schedule 2 to these Regulations contains an indicative and non-exhaustive list of the terms which may be regarded as unfair.

 

There is also the Unfair Contract Terms Act 1977 that states in section 4 that:

(1) A person dealing as consumer cannot by reference to any contract term be made to indemnify another person (whether a party to the contract or not) in respect of liability that may be incurred by the other for negligence or breach of contract, except in so far as the contract term satisfies the requirement of reasonableness.

(2) This section applies whether the liability in question –

(a) is directly that of the person to be indemnified or is incurred by him vicariously;

(b) is to the person dealing as consumer or to someone else.

Clearly the charging of £50 (increasing to £100) is wholly unreasonably.

Private parking companies rely on motorists ignorance of the law and most people pay up. If anyone receives a sealed Claim Form from OPC and or the court then I will happily draft a defence for you (no charge of course).  

So will this work?

I just got one, £60 smackers, rising to £120 on the 17th.