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Parking Tickets - Legal Advice Please!
07-06-2005, 10:35 AM
Post: #1
Parking Tickets - Legal Advice Please!

A few weeks ago I got a parking ticket, for parking on a yellow line in a restricted area. The situation is that you cannot park in this area before 10am. I parked there at 12.30pm, so well within the time boundary. There are two signs stating these restrictions at both extremes of the restricted area. I parked between these posts. I know I was not out of the permitted area. I have disputed the ticket with the council and they have now come back and told me that they have sent someone to visit the site of the offence and they will not withdraw my penalty notice.

What I need to know is, should I pay the o/s fee at the reduced rate of £40 now and then haggle with the council to get it back? Or should I continue to haggle? I am worried that if I take the second option, I could incur court costs and everything, which I really can't afford.

Does anyone know the letter of the law with regard to what the council have to provide/prove and what my rights are?
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07-06-2005, 11:10 AM
Post: #2
Parking Tickets - Legal Advice Please!
Patsy, I really do sympathise with you, I thought it was just the Edinburgh traffic wardens that were harsh! My neighbour had his back wheel just touching a double yellow line and he was given a ticket for £60!!

With your case though, it doesn't seem so clear cut - why have they given you a reduced ticket?

My boss had to dispute a ticket once and the advice he was given by the council was to pay the penalty then give your arguement against it - he did get his payment refunded though!

TRINITY JEWELLERY - DESIGNS THAT STAND OUT
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07-06-2005, 11:52 AM
Post: #3
Parking Tickets - Legal Advice Please!
Thanks for that Bella. I thought that would be the Council's advice, because it's in their best interest to have the money sitting in their account accruing interest!

The way it works in this Borough is that the fine is £80, but if you pay within 14 days it gets reduced to £40, as an incentive to pay it quickly.
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07-06-2005, 12:53 PM
Post: #4
Parking Tickets - Legal Advice Please!
I don't think you should pay it, I don't know much about it, but perhaps you could write to the again and state that you are seeking legal help to see if it will make them take you more seriously). It seems ridiculous that you should have to pay when you did nothing wrong.

Gel x
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07-06-2005, 02:30 PM
Post: #5
Parking Tickets - Legal Advice Please!
I don't know the letter of the law Pats, but I'd be inclined to pay the bas tards first and fight second. That way you hold the moral high ground, and will deprive them of the opportunity to blow a legal smokescreen by robbing you further for non-payment instead of dealing with your dispute.
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07-06-2005, 03:37 PM
Post: #6
Parking Tickets - Legal Advice Please!
Pay up and then argue later...as the others have said..the last thing you need is to incur court costs etc if they pursue it.....

Anf then when it is all sorted, burn the offices down :bag:
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07-06-2005, 03:40 PM
Post: #7
Parking Tickets - Legal Advice Please!
Buzz Wrote:...then when it is all sorted, burn the offices down

Makes me so horny when you talk destruction like that!
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07-06-2005, 03:59 PM
Post: #8
Parking Tickets - Legal Advice Please!
I've never had a parking ticket but if you pay up, isn't that like admitting to the offence, so you lose the right to appeal! What does the small print say?
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07-06-2005, 04:09 PM
Post: #9
Parking Tickets - Legal Advice Please!
The thing with councils is that is situations like this they really do have you by the short and curlies! If you don't pay all they will do is add on admin charges etc and it would probably make your appeal more difficult to uphold.

I would agree with Dab and be inclined to pay it but write a note with your payment stating that you will be appealing.

You won't lose the right to appeal as my boss didn't and he got his money back! If you don't pay Patsy, you will have to pay more in the end.

It's a bit like a speeding ticket, it does state that you should pay and if you want to appeal to go through the procedure after you have paid. It does stink of the big corporation having a tight grip over you, but sadly that's the way it goes.

TRINITY JEWELLERY - DESIGNS THAT STAND OUT
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07-06-2005, 07:46 PM
Post: #10
Parking Tickets - Legal Advice Please!
You don't have to pay if you have appealed Patsy. Just make sure you have put it in writing to them and stated that you will pay if you are found to be in the wrong....you will still get the reduced rate. Make sure they confirm in writing they have received your appeal.
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