"Parked" for 5 seconds!

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Thu 24 Apr 2014 18:36
"Parked" for 5 seconds! - Minervah

My husband was driving my car and I received notice of a parking fine yesterday. He was truly bewildered by accompanying photo, so we went to view the video.

The camera car had followed him along the road and took a picture of him as he pulled to the side of the road (next to double yellows), to let the traffic come past, before he parked his car on the street. The video shows him pulling to the side, with brake lights solidly on and about 3 seconds of him being "on" the yellow line. (he was actually going forward very slowly, but that isn't clear.)

He went to the Parking Office today and the counter clerk said it might be worth appealling - but I am amazed! Can anyone give me more advice on how best to fight this unbelievable cash-collector, if the appeal is not accepted, please?

The council operate a parking system which requires your Reg,so we suggested that thier records may show him buying a ticket a couple of minutes later but they "weren't sure".

Thanks

Minervah

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Thu 24 Apr 2014 18:51
"Parked" for 5 seconds! - RobJP

The parking fine should have the procedure for appeals on it. Appeal, stating your case. If they refuse your appeal, there is another layer of appeal after that, but worry about that when you get to it.

Alternatively, if you have access to the video (in a digital format) getting Watchdog or other media involved may draw a lot of unwelcome attention to the council

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Sat 26 Apr 2014 18:41
"Parked" for 5 seconds! - Minervah

Thank you for your advice. I will revisit the video and see if it is possible to save it. I did think about going to the press/media, but it seems only fair to see how the appeal goes first.

A quick consenses of friends shows that a majority would not appeal, but would pay the lesser fine, rather than face the hassle. I think that just makes the Council more likely to take liberties like this.

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Fri 25 Apr 2014 17:54
"Parked" for 5 seconds! - Palcouk

Follow the appeal process, the grounds for appeal being that the vehicle wasnt parked and as such no offence had been committed.

Presumably you also have a parking ticked for when it was parked

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Fri 25 Apr 2014 21:07
"Parked" for 5 seconds! - Bromptonaut

AFAIR you can make informal representations to the Council as soon as the ticket is issued. If the recognise the've made a complete boo boo they'll withdraw at that point.

Subsequently you get a 'Notice to Owner' sent to the keeper registered with DVLA. This kicks off the formal process. Firstly you have the opportunity to make a formal case as to why the penalty was wrongly issued. If that is rejected you can appeal to the Traffic Penalty Tribunal (Parking and Traffic Appeals Service if in a London Borough). The tribunal adjudicator is a lawyer and is wholly independent of the Council.

If he facts are as stated in the OP you have every prospect of success before the adjudicator.

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Sat 26 Apr 2014 18:38
"Parked" for 5 seconds! - Minervah

Thanks for the replies - don't I wish we had a parking ticket - it was 2 weeks ago and the ticket has gone, (we will know to save them for 2 weeks, in future), but the Council operate a licence plate parking system and we suggested they might still have records. (Although I doubt it!)

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Sat 26 Apr 2014 18:43
"Parked" for 5 seconds! - Minervah

Sorry - and because it was a camera car, we didn't get a ticket at the time - it was a notice to the registered keeper (me) that was our first indication.

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Sat 26 Apr 2014 18:45
"Parked" for 5 seconds! - Minervah

And Bedford Borough council, so not London area.

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Sat 26 Apr 2014 22:21
"Parked" for 5 seconds! - Bromptonaut

Minervah,

Have you now got something which clearly describes itself as a 'Notice to Owner'?

If so it will tell you what to do in terms of (a) representations to the Council and (b) appealing to the Traffic Penalty Tribunal if those represetations are rejected.

Whatever you've got read it carefully and follow what it says about what to do next.

The tribunal is quite informal, the adjudicators are lawyers but not of the stuffy old guy type. You set out your case and since mosttimes the Council don't even bother to send anybody the appellant's success rate is something like 70%.

Worst case is you pay the full rate for the ticket instead of discount for early admission, a £50 punt on a £100 ticket.

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Sun 27 Apr 2014 18:18
"Parked" for 5 seconds! - Minervah

Thanks for the reply - yes, I hve and we are clear about that we have to do to appeal. Thanks you for your information about the Tribunal stats - most helpful.

M

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Tue 13 May 2014 00:08
"Parked" for 5 seconds! - Minervah

thought I'd post an update and resolution - His "representation" was accepted after "careful consideration". I think the only thing they had to consider was how much of a laughing stock they would be and who was stupid enough to issue the tickets, personally.

Many thanks for all your help and comments.

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Tue 13 May 2014 08:35
"Parked" for 5 seconds! - Bromptonaut

Thanks for coming back with update. A refreshing change from so many who post in here.

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