FAO Legal Beagles - Parking Fine validity?

BigJimmyB
BigJimmyB Posts: 1,302
edited April 2012 in The Crudcatcher
OK, so I parked illegally in a taxi bay outside our local supermarket on Sat at 8:30am.

I know it was wrong to do so, despite only being in the shop for 5 mins (no excuse), BUT I have a problem with the ticket. It's been printed on a hand-held machine which obviously hasn't had the date adjusted for summer. So the ticket reads that the offence took place at 7:30 - when I was in bed. I have a tilll receipt showing that I was in the shop at 8:3-ish.

What's my position here? Is there an onus on the counci/ticket issuer to ensure the info is correct, which therefore means that technically I'm in the clear?

Just interested really, if it ends up costing me £35, it's down to me and my parking!

Thanks in advance
BJB
«1

Comments

  • Andy
    Andy Posts: 8,207
    Learn to park without being an arsehole I reckon.
  • See if you can pay in limes and strings.
  • It's £35 you tightarse!
    Just pay it and stop being such a loophole searching, fine avoiding, scumbag, buttmonkey.

    Alternatively, if you want to protest it, the correct procedure is to go down to your local police station and cockslap the desk sergeant round the face not once, not twice, but thrice whilst repeating "does this smell like your sister?"
  • Andy wrote:
    Learn to park without being an arsehole I reckon.
    And that ^ :lol:
  • xmadxmoex
    xmadxmoex Posts: 135
    I'd say your 'in the clear' and appeal worst they are going to do is still fine you the £35 as you say.

    Unless they had a digital camera with the correct date/time and a picture of your car parked there its going to be hard to prove on thier part.
  • Stevo_666
    Stevo_666 Posts: 58,452
    Try looking here:
    http://www.pepipoo.com/
    The forums have some pretty clued up people who might be able to help. Sounds like if the time is wrong you might be able to get off on a technicality. At least appeal it and make the robbing b@stards work for their money.
    "I spent most of my money on birds, booze and fast cars: the rest of it I just squandered." [George Best]
  • thekickingmule
    thekickingmule Posts: 7,957
    Appeal. Tell them to get CCTV footage of your car being there at that time.
    I got fined when I picked up (or dropped off) CWNT from Liverpool, I took pictures and appealed..... lost still had to pay, but as Stevo said, make 'em work for their money!
    It takes as much courage to have tried and failed as it does to have tried and succeeded.
    Join us on UK-MTB we won't bite, but bring cake!
    Blender Cube AMS Pro
  • BigJimmyB
    BigJimmyB Posts: 1,302
    Did CWNT call you a "loophole searching, fine avoiding, scumbag, buttmonkey"?
  • thekickingmule
    thekickingmule Posts: 7,957
    Nope, but he called you a few worse things than that.
    It takes as much courage to have tried and failed as it does to have tried and succeeded.
    Join us on UK-MTB we won't bite, but bring cake!
    Blender Cube AMS Pro
  • BigJimmyB wrote:
    Did CWNT call you a "loophole searching, fine avoiding, scumbag, buttmonkey"?

    No I didn't, but in Mules case, I seem to remember he'd been told to park there, or something along those lines. What I mean is, I believe his appeal had a more valid basis than just "your machine had the wrong time set".

    I assure you though, if he was being a loophole searching, fine avoiding, scumbag, buttmonkey, I would have told him so. :lol:

    IIRC though, he did try to pay me back by trying to throw my 456 off the roof of his car on the motorway.
  • thekickingmule
    thekickingmule Posts: 7,957
    :lol: I did indeed, how on earth that stayed on, I still don't know ;):lol:

    I parked in an area that didn't have double yellow lines, but it's 'clearly signposted'. I went and took photos of where the car was, and provided evidence that the nearest sign was about 30metres away and I didn't even drive near it. They didn't give a monkeys though.

    Be warned, if you appeal, when the letter comes though saying you still owe the money, the time limit isn't very long until it increases to £50.
    It takes as much courage to have tried and failed as it does to have tried and succeeded.
    Join us on UK-MTB we won't bite, but bring cake!
    Blender Cube AMS Pro
  • If its not issues by a council then ignore it.
  • schlepcycling
    schlepcycling Posts: 1,614
    If its not issues by a council then ignore it.

    This is the best piece of advice, if the ticket is issued by a private parking firm and is not issued by or on behalf of the council or by the police then it's non enforceable and you can ignore it.

    Check http://www.pepipoo.com/
    'Hello to Jason Isaacs'
  • spongtastic
    spongtastic Posts: 2,651
    As somebody with operational and legal responsibility for 2 districts parking I'd say you're screwed. It's no parking so time is irrelevant. Your receipt showing 8.30 would just be used to show you're a dumb ass who was parked there for over an hour.
    Visit Clacton during the School holidays - it's like a never ending freak show.

    Who are you calling inbred?
  • YeehaaMcgee
    YeehaaMcgee Posts: 5,740
    BigJimmyB wrote:
    7:30 - when I was in bed. I have a tilll receipt showing that I was in the shop at 8:3-ish.
    Erm, won't they just say that means you were parked there for over an hour? You know, from half seven until half eight.

    EDIT: ah, just realised Spong beat me to it. :x
  • BigJimmyB
    BigJimmyB Posts: 1,302
    Thanks for the replies (well most of them!).

    As per my first post, it was more a point of interest but if I'd been on a sounder footing i'd have challenged them -IMO they should be making sure their paperwork is accurate.

    A cheque to the council is in the post with a letter suggesting they update the time on their handhelds :)
  • sheepsteeth
    sheepsteeth Posts: 17,418
    BigJimmyB wrote:

    A cheque to the council is in the post with a letter suggesting they update the time on their handhelds :)

    i would have suggested that if you were going to write to them at all, you should have suggested that they go fuck themselves.
  • BigJimmyB
    BigJimmyB Posts: 1,302
    Praps you're right Sheeps, but I think that as I WAS in the wrong I ought to just pay up.

    As a side issue, they ought to make sure their kit and info is up to date.
  • Nuts4fsr
    Nuts4fsr Posts: 1,084
    Shouldn't have paid. Wrong time invalidates the PCN. De Facto. Ruled in appeals.

    As previously said, private parking companies that issue Parking Charge Notices can be ignored. Even the 'Legal' Letters from Solicitors and Debt collectors. They have _NO_ legal authority to take your stuff, or take you to court. You'd be surprissed what percentage of people cough up.

    You can get your money back from the council too. Stop the cheque, NOW, if it hasnt been cashed.
  • YeehaaMcgee
    YeehaaMcgee Posts: 5,740
    BigJimmyB wrote:

    A cheque to the council is in the post with a letter suggesting they update the time on their handhelds :)

    i would have suggested that if you were going to write to them at all, you should have suggested that they go fark themselves.
    Dude! Welcome back. Where the bloody hell have you been?
  • Raymondavalon
    Raymondavalon Posts: 5,346
    i would have suggested that if you were going to write to them at all, you should have suggested that they go fark themselves.

    Even better, use Google Translator and write the letter in Mandarin [Chinese] with a photocopy of the ticket.
    Make sure you put a return address on the letter in English and see what they come back with
  • pilch
    pilch Posts: 1,136
    Being a loophole searching, fine avoiding, scumbag, buttmonkey, myself, having failed to whine and complain my way out of a ticket some years ago in my youth, I managed to negotiate paying the fee in £1 installments, due to student poverty, sick dog etc.

    Every week on the way to college I would pass the council offices & post a letter through the door with the relevant details and a £1 note in it (remember them).

    The thing that made me smile was that every week I would get a letter in the post with a receipt for my £1 payment, I couldn't help thinking how much time & money that £20 fine cost in administration...
    A berm? were you expecting one?

    29er race

    29er bouncer
  • BigJimmyB
    BigJimmyB Posts: 1,302
    Nuts4fsr wrote:
    Shouldn't have paid. Wrong time invalidates the PCN. De Facto. Ruled in appeals.

    Thanks for the info - anything to support this on the web? I've looked and can't see anything....
  • spongtastic
    spongtastic Posts: 2,651
    Nuts4fsr wrote:
    Shouldn't have paid. Wrong time invalidates the PCN. De Facto. Ruled in appeals. .

    Wrong - It depends on the restriction in place in the relevant Off Street Parking order
    Nuts4fsr wrote:
    As previously said, private parking companies that issue Parking Charge Notices can be ignored.

    Wrong - I work for a private company on behalf two district councils, as do a number for the London Boroughs, yet we still issue ECNs and PCNs.
    Visit Clacton during the School holidays - it's like a never ending freak show.

    Who are you calling inbred?
  • cooldad
    cooldad Posts: 32,599
    I work for a private company on behalf two district councils, as do a number for the London Boroughs, yet we still issue ECNs and PCNs.
    How do you live with yourself?
    I don't do smileys.

    There is no secret ingredient - Kung Fu Panda

    London Calling on Facebook

    Parktools
  • spongtastic
    spongtastic Posts: 2,651
    cooldad wrote:
    I work for a private company on behalf two district councils, as do a number for the London Boroughs, yet we still issue ECNs and PCNs.
    How do you live with yourself?
    It's difficult.
    Visit Clacton during the School holidays - it's like a never ending freak show.

    Who are you calling inbred?
  • sheepsteeth
    sheepsteeth Posts: 17,418
    BigJimmyB wrote:

    A cheque to the council is in the post with a letter suggesting they update the time on their handhelds :)

    i would have suggested that if you were going to write to them at all, you should have suggested that they go fark themselves.
    Dude! Welcome back. Where the bloody hell have you been?

    was on a course for a while, then started a new job, then just went on another course and am now on leave for a week before my next course starts on sunday. busy busy busy. (for once)
    cooldad wrote:
    I work for a private company on behalf two district councils, as do a number for the London Boroughs, yet we still issue ECNs and PCNs.
    How do you live with yourself?

    he has to as no one wants to live with a cunt.

    only joking.

    but seriously.
  • Gazlar
    Gazlar Posts: 8,084
    I got back to my car today, there was a note saying "Parking Fine", which i thought was nice, especially after I took so much time and effort getting it straight
    Mountain biking is like sex.......more fun when someone else is getting hurt
    Amy
    Farnsworth
    Zapp
  • YeehaaMcgee
    YeehaaMcgee Posts: 5,740
    Gazlar wrote:
    I got back to my car today, there was a note saying "Parking Fine", which i thought was nice, especially after I took so much time and effort getting it straight
    Nice of them to have complimentary parking attendants.
  • Gazlar
    Gazlar Posts: 8,084
    Gazlar wrote:
    I got back to my car today, there was a note saying "Parking Fine", which i thought was nice, especially after I took so much time and effort getting it straight
    Nice of them to have complimentary parking attendants.


    No theyre not complimentary, they do draw a wage
    Mountain biking is like sex.......more fun when someone else is getting hurt
    Amy
    Farnsworth
    Zapp