Challenge a Parking Ticket.

[bluebottle]

Re: Challenge a Parking Ticket.

The request for the traffic order is the one thing that will scare them if there isn't one in force for that particular road, as it means all other tickets they have issued were issued illegally and, consequently, all fines levied are illegal. In such circumstances, the local authority responsible would be legally-obliged to contact the vehicle owners involved and reimburse them with any penalty charge they may have paid.

[wales01man]

Re: Challenge a Parking Ticket.

Having lived in crappydigion for 11 years and had dealings with the council as in complaints i wish you luck i never meet such a bunch of hitlerist a---holes never wrong and rude hope you fare better good luck

[bluebottle]

Re: Challenge a Parking Ticket.

Having lived in crappydigion for 11 years and had dealings with the council as in complaints i wish you luck i never meet such a bunch of hitlerist a---holes never wrong and rude hope you fare better good luck

If they refuse to produce a copy of a valid traffic order, they're in deep sewage effluent. This sort of thing has happened before with speed cameras. One camera was sited a very short distance from the end of a slip road off a motorway that meant motorists had to de-accelerate from 70 mph to 30 mph in a distance that defied the laws of physics. The safety camera partnership involved was raking it in until a motorist took them to court and they admitted there was no valid traffic order in force. The judge ruled that the fines were illegal and were to be repaid immediately. In addition to that, the safety camera partnership had to pay for penalty points to be removed from motorists' driving licences and reimburse any increased insurance premiums they had suffered as a result. The speed camera and traffic signs were ordered to be removed. The safety camera partnership was closed down.

[michael]

Re: Challenge a Parking Ticket.

Ceredigion have recently consolidated waiting restrictions into one TRO:

http://www.ceredigion.gov.uk/index.c...17876#Tresaith

Scroll down to the bottom for Tresaith

[legalese]

Re: Challenge a Parking Ticket.

this is the last email I had from them.

Dear Mr Forsyth,

Local Authority Vehicles (or those of their contractual agents), are exempt
from parking restriction whilst being used to carry out statutory and
common law duties and powers (i.e. Refuse Collection, Street Cleansing,
Highway Maintenance), or whilst carrying out duties that require the
vehicle to be in close proximity (i.e. Verge Grass Cutting), including
Civil Enforcement Officer vehicles.

The Parking Services Manager for Ceredigion County Council is currently on
leave until 20/08/2012 and I am therefore unable to assist fully with your
queries regarding where the CEOs vehicle was at the time your Penalty
Charge Notice was issued or why the Lifeguard vehicles appear to have been
"let off".

A copy of your email has been forwarded to the Manager who will be in
contact directly to you in due course.

Please note that the case will be in the discount period until 03/09/2012.


Regards,
Mr P Edwards

'those of their contractual agents' Well ask the council if you can see where it says you cannot park there within your contract

[luciferlandy]

Re: Challenge a Parking Ticket.

the tro is very interesting as it covers the road were the Warden would have had to park but its not were I parked at all so happy on that front, still means the life guards were parked wrongly and should have been ticketed to.
have spoken to the Peter Edwards today as he rung to say that in info that I was asking they were unable to get as the woman in the council office that they have to deal with is on holiday till september but they had sent a copy of the traffic order to me for Ceredigion so I asked to the bit for Tresaith as thats the bit in question.
I have also asked for them to prove that the car park is a council car park and not a private one as Highways in the past have said its nothing to do with them.
also still asking for info on the position of the wardens van at the time of the ticket and also why he didnt ticket the life guards.
they are not changing the ticket rate as they cannot get the info I have asked for until this woman is back from her holiday, lol.
I will email and ask them about this ('those of their contractual agents' Well ask the council if you can see where it says you cannot park there within your contract)
thanks again for the help and keep it coming.
Stuart.

[wales01man]

Re: Challenge a Parking Ticket.

What a joke council one woman on holiday so the department cant provide answers this is why wales is a backward country not the service taxpayers expect

[bluebottle]

Re: Challenge a Parking Ticket.

the tro is very interesting as it covers the road were the Warden would have had to park but its not were I parked at all so happy on that front, still means the life guards were parked wrongly and should have been ticketed to.
have spoken to the Peter Edwards today as he rung to say that in info that I was asking they were unable to get as the woman in the council office that they have to deal with is on holiday till september but they had sent a copy of the traffic order to me for Ceredigion so I asked to the bit for Tresaith as thats the bit in question.
I have also asked for them to prove that the car park is a council car park and not a private one as Highways in the past have said its nothing to do with them.
also still asking for info on the position of the wardens van at the time of the ticket and also why he didnt ticket the life guards.
they are not changing the ticket rate as they cannot get the info I have asked for until this woman is back from her holiday, lol.
I will email and ask them about this ('those of their contractual agents' Well ask the council if you can see where it says you cannot park there within your contract)
thanks again for the help and keep it coming.
Stuart.

Contractual agents are usually private firms who do it on the council's behalf and make a complete muck-up of it. From what I can see, you've got WPPP on the following -

1. No offence committed, as the road where your car was parked is not covered by the TRO;
2. Unlawful penalty, as they issued a PCN without lawful authority, i.e. no TRO;
3. Trespass against property, i.e. your car.

I'd go for 1 and 2.

As for the lifeguard vehicles, were they fitted with emergency lightbars and repeaters? If so, the PCN muppets would be on dodgy ground, legally, as they are classed as emergency vehicles and if they had to park where they did in order to get the scene of an incident quickly, the PCN muppets and WPPP would have problems as regards ticketing them.

[luciferlandy]

Re: Challenge a Parking Ticket.

thats great info thanks.
the life guards were in there own cars and not RNLI company cars but surly they would have to be on a shout to be able to park were they like and not just checking on staff?
Also looking into the fact that a none disabled car was parked in the disabled bay all day and didn't get a ticket. Still finding out info on that.
From what a council friend in the parking ticket team have told me the Lady in Ceredigion Council in charge of this is a really piece of work. More fun for me.

[michael]

Re: Challenge a Parking Ticket.

There is no off street council car park in Tresaith as confirmed by their Parking Places Order:
http://www.ceredigion.gov.uk/index.cfm?articleid=17966

What is the contravention on the PCN?

[bluebottle]

Re: Challenge a Parking Ticket.

It's the TRO that is going to bugger them. If they can't prove it applies to where you were parked, game over.

[luciferlandy]

Re: Challenge a Parking Ticket.

thats very interesting, they are going for a code 24 on me which is bad parking in a council parking bay but as that just stated there is no off street parking in Tresaith.

[bluebottle]

Re: Challenge a Parking Ticket.

It's very simple, LL.

If the council have no lawful authority, i.e. a TRO or PPO, to justify their actions, their actions are unlawful and cannot stand in law. They can argue, shout, scream, stamp their feet and hold their breath until their faces turn puce, if the law says "No", that's it. Finito.

[michael]

Re: Challenge a Parking Ticket.

I would forget about where the CEO's vehicle was parked or other vehicles not getting tickets etc, it's irrelevant, will come across as a rant and merely diverts attention from the main issue ie the contravention did not occur.

Code 24 is an on-street contravention and there are no council on-street bays in Tresaith, which is confirmed by the THE CEREDIGION COUNTY COUNCIL (PROHIBITION AND RESTRICTION OF WAITING AND LOADING AND UNLOADING) (CONSOLIDATION) ORDER 2012

Keep the appeal brief and to the point, it gives the council less wiggle room and if they refuse your appeal more likely that they will shoot themselves in the foot with their explanation as to why they are refusing the appeal.

[michael]

Re: Challenge a Parking Ticket.

I suspect that a possible reason for this ticket is that Ceredigion County Council only took over responsibility for enforcing parking restrictions from the Police on 4th June 2012, which means their CEO's are new to the job and don't know their ar*e from their elbow.