NPAS adjudication hearing on 15th August...2 days!!

[veilside01702]

Council did me for parkng on double yellow lines.....
There is a sign saying no loading between 8-9.30am and 4.30-6pm......
I was parked on some old yellow lines that have worn out almost....
The council had renewed the painted lines, but not gone as far down the road and ended them properly....
I was not parked on the newer painted lines, so believe the council have changed the (TRO) for the street....
The council have lied and stated I claimed to be a blue badge holder....Which I have never stated and can prove...
They have sent the same pics of my car, with and without date and time stamping....
It appears they added the date and time later and tried to falsify the photo's.....
The council won't supply any proof that the TRO exists for this road.....

Can we fight 'Penalty Charge Notices' as we would a claim.....as penalty charges are unlawful at common law????
As they have bumped it up from £30 to £60 and now £90.....
surely it doesn't cost them £60 to issue a penalty charge notice??
Russ

[Tools]

Re: NPAS adjudication hearing on 15th August...2 days!!

Hi Russ

There is a sign saying no loading between 8-9.30am and 4.30-6pm

What time were you actually ticketed to start with ?

I was parked on some old yellow lines that have worn out almost....

Have you taken a photograph of how faded the lines are?

The council had renewed the painted lines, but not gone as far down the road and ended them properly....

Was there a clearly distinguishable end to the lines(the two lines ended with a line joining them)? And were you outside of that area when ticketed?

They have sent the same pics of my car, with and without date and time stamping....
It appears they added the date and time later and tried to falsify the photo's.....

What time was issued on the ticket and does it tally with the time on the photos i.e were the photos taken when the car was ticketed?And how can you prove either way?

The council won't supply any proof that the TRO exists for this road.....

Surely if no TRO is in force then a ticket shouldn`t be issued anyway?

Can we fight 'Penalty Charge Notices' as we would a claim.....as penalty charges are unlawful at common law????
As they have bumped it up from £30 to £60 and now £90.....
surely it doesn't cost them £60 to issue a penalty charge notice??

No it probably doesn`t cost that but neither does giving you 3 points and a fine for speeding etc , the Parking ticket IMO is a `fine` and not a breach of any contract i.e a penalty charge from a bank when you breach the contract between you for going over your agreed credit limit.

I assume this is a hearing with the council and not at court , if you get as much evidence (photos) witnesses etc together and put your case to the adjudicator then you can only try your best.

Let us know how you get on

Tools

[iancognito]

Re: NPAS adjudication hearing on 15th August...2 days!!

Russ, have you had a look on www.pepipoo.com that really is the site for motoring offences.

There is also a website that shows the mandatory road markings, i'll have a look for it in a bit but sounds like you know about them anyway.

As for the rest of it, Tool appears to be right (again)

[Tools]

Re: NPAS adjudication hearing on 15th August...2 days!!



BTW this is what i meant by a `clearly distinguishable end to the lines`

[veilside01702]

Re: NPAS adjudication hearing on 15th August...2 days!!

Well..........I lost.....
All because I said my other half hadn't paid for the items she was buying in tesco's....
If we had purchased the items....I would have been loading and not parked!
Apparently.....
And there are....... No appeals.....by agreeing to go to adjudication you give up your legal right to defend or prosecute in a court of law!
The adjudicator is either a lawyer or barrister and sits accross the table to you...
He looked at the photographs and decided I was on double yellow lines even though my photo's clearly show they are unused old ones...
And the council claim a diary style book is all they need for a 'Traffic Regulation Order'....and not as the government states a 'Sealed Order' and for them to advertise the changes in the press.....
So yet again it seems the council can make up their own rules and ignore the ones laid down.....
Oh well......just have to wait for the £90 bill from the council now.....
Thanks for the advice and support Jules and Jan.....
Russ

[Angelizing]

Re: NPAS adjudication hearing on 15th August...2 days!!

HI Russ,

Don't quote me on this as I do not yet have a full drivers, when I was talking with one of the girls I used to work with, she had stated that 4 or 5 of her tickets had been scrapped because she had appealed. Apparently the records look bad for the council if a certain amount of people per month do in fact appeal??

It was something along the lines of the ticket inspectors will ticket anyone at any time in certain areas so as most people do not appeal the ones that do make them look really bad so they just scrap them. You will need to check your area and if you cannot see them clearly then just use that as your argument.

Ignore me if I am talking nonsense :crazy:. It may help?

Ang.