Parking Ticket Defence - any lawyers ?

[jonny m]

Any legal experts amongst us;

Usual story; went shopping didn't know it was pay and display at first, someone then pointed out the sign which was high in the air in the region of where I parked.

Being dyslexic I took a while to read it, then had to go in side to get change, came out with a ticket in my hand, but the attendant had completed the paper note and said nothing he could now do. Again due to my dyslexia, I didn't read the fine print about only being able to appeal for up to 7 days and now have a letter demanding £100 as I have 'contravened Code 94' and a Parking Charge Notice was affixed to my windscreen (the bit of white paper handed to me).

Two questions; a) the ticket has 2 different reg numbers on; the top one is incorrect, but the bottom one is mine. The VED is correct though.

b) under the disability discrimination act, isn't there a requirement to make 'resonable adjustment'

Aside from the emotive and supportive comments, has anyone any legal advice of how to refuse to pay using these grounds?

(I was observed, my paid ticket was 8 mins later, then thier ticket to me was 3 minutes after that)

Thanks, Jon

[Neil O]

I would have thought that as you have a valid ticket that covers the time the fine was written you can tell them to shove it where the sun don't shine.
A letter stating the facts should sort it out. Are they sure they want to pick on you or just go after the next guy who will probably just cough up.

[Big Dai]

Don't know if it helps but I parked in a council-run car park, bought my ticket & fixed it to the windscreen. When I got back there was a penalty notice attached as my ticket had fallen off & dropped into the footwell.

I wrote in, including a copy of my ticket & received a grudging acknowledgement of the situation, withdrawal of the penalty and a "don't do it again" note.

Consequently, I think it must be worth your while to write in explaining the circumstances. Good luck.

[alfiebeard]

I agree with Niel O dont pay it write a letter stating your disability and send a photocopy of your paid for ticket and usually they will sent a dont do it next time letter,

I am not a persistant naughty parker but on the last 5 occasions I have informed them my car broke down, and I had to leave it to go and get help when I came back the car was ticketed, i have up to now when they read this had a letter back telling me not to do it again, I feel in your case there are viable mitigating circumstances for you to be let off with a warning.
hth
Alfie B

[crmcatee]

Was this a council run car park or private car park ?

If it's a private one ignore it as the T&C's are based on contract law - there's no contract between you and the owner so there's nothing to pay.

If council - do as they've said above - you've got a valid ticket

[cobracol]

All these are some of the reasons why i dont go shopping in town anymore and judging by the number of empty shops i dont think im the only one!

[dingocooke]

hmmm buggas arent they I think I got a mobile scamera ticket coming out of nottingham this afto maybe 37 or so in a 30 dual carriageway.. bugga!!!

[alfiebeard]

Hi Steve,
Thats bad luck kid, mind you I have passed a few scammeras over the last 3 months, and have been around 7 or 8mph above the limit and touch wood ive heard nothing so you could be lucky, on the other hand they could make an example of you and ban you and fine you thousands and imprison you at her majestys pleasure.
You could tell them the wife was driving!!.

Alfie B

[realyweely]

What is marked on the ticket, Is it a 'Penalty Charge Notice'? and who is it issued by.
If it is issued by a PPC (Private Parking Company), as mentioned it is based solely on contract law and is completely unenforceable. PPC's cant 'Fine' anyone.
However if it is issued by the Police or the Council you need to do a lot of checking and you could do a lot worse than to go here
FightBack Forums -> Parking and Decriminalised Notices

[jonny m]

It's a private car park, not council, so based upon contract law.

I genuinely had no idea it was pay and display; this is the sign it shows on site; there is a tiny line of text mixed in with the graphics stating pay and display. The bottom of the sign was 6ft in the air so no way I could actually read the small print; so I feel unfair, even in contract law.

I've logged my refusal to pay; TBA