Some of you may remember my earlier post about a parking ticket that a recently got. I wrote a letter to the council pleading my case which they 'rejected' as I exptected them to. Well like a good tax paying member of society (or a mug) a paid the fine.
But what really bugs me is that I paid £2.20 for my pay and display ticket and feel that I'm entitled to a refund. Yes, I do have much better things to do with my life but as matter of principle I'm prepared to give up an hour or maybe two to get my £2.20 back. Does anyone on here understand the legal side of this? My limited understanding is that I paid the fine due to a 'breach of contract', if that is the case then surely I'm entitled to my £2.20 back?
A quick summary of facts for those who missed the other post - went to get change for pay and display, got back just as warden put ticket on car. Warden advised still buy pay and display ticket and appeal, said he would note on PCN that I had returned to the car. Pay and display ticket bought 3 minutes after warden issed PCN, council rejected my plea for forgiveness.
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But what really bugs me is that I paid £2.20 for my pay and display ticket and feel that I'm entitled to a refund.
What about the associated costs? People tend to forget that telephone calls and letters cost money. Wouldn't it be a case of throwing good money after bad?
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L\'escargot.
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Yes, I suppose I should also consider that as well. There's a very good chance that it would cost more in calls, paper, printing etc. Regardless though, I would still like to find out if I'm entitled to a refund. What if I had parked in one of those expensive car parks in London? It could easily be £15 instead of £2.20.
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The answer would have been to appeal - once you have paid you have lost I am afraid! I am sure that you would have won an appeal, in the circumstances you describe. I am a really stroppy old git but I don't think that I would now spend time chasing £2.20! I work in the lowest admin grade of the NHS and I get £6.67852 an hour! £2.20 wouldn't buy you a celebratory pint, even if you win. Good luck whatever you do!
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It's not a fine, it's a penalty, something which has hardly any legal standing compared to a fine.
I wouldn't have paid in the first place. It's like you frowning at me and then me sending you a penalty for £60 for 'Words or behaviour likely or intended to cause alarm or offence' - some petty public order offence.
Of course you wouldn't pay me the penalty, but people see councils as officialdom rather than public sector servants and pay up.
At this stage you could look into getting it back via the small claims court possibly citing the Unfair Contracts Act, you will have to search for that and read it. They would certainly have to show how your breach of contract cost them £50 or however much the penalty was.
Unfortunately, the less money you have, the more the penalties hurt and the less likely you are to be able to afford to challenge them. Maybe people should budget £100-£200 a year challenging such unfairness.
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You can try for restitution, but it's hard work. Much easier not to give them the money in the first place.
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i can see where you're coming from Moonshine and to be honest 100% agree
but
i've worked out over the years when i've 'gone off on one' that all that happens is i keep my stress going on longer. Every time you get another letter and some faceless bureaucrat has failed to answer the point you really want covered, but conveniently answered one they've put into the equation....you'll get stressed again
much better to take it on the chin, call it quits.....and in a week's time you won't be thinking about it
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Can't remember my original response, but technically weren't you in the wrong ? You parked your car in a bay where they expected you to pay an display, but you went off to look for change and came back a few minutes later to find your car ticketed. I know we've all done it but its a bit of a risk. You were in the wrong but with mitigation......forget it, I would.
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I suspect they'd say you were given a penalty for not displaying a ticket at the time, your subsequent ticket merely covered you legally for the rest of the time you parked. They'll get you either way, time to move on I think.
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just for fun I would ask trading standards to investigate
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I don't think Trading Standards have any powers in connection withe issue of parking tickets or penalties. A more likely avenue is
www.parking-appeals.gov.uk/IveReceived/challengePC...p
However, as the penalty charge has been paid I think the door may be closed, so to speak.
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If I was in charge of the parking department, I would have you arrested for fraud. You obviously bought the ticket after the offence , in an attempt to pervert the course of justice! ;)
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TourVanMan TM < Ex RF >
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