The following article is as accurate as possible but is not to be taken as legal advice, as legal advice can only be obtained from lawyers.
Most motorists have experienced parking fines in one form or other so I have put together this article to give you some general guidelines on how to appeal those ‘unfair’ parking fines.
Parking laws are meant to benefit us all and to help traffic flow. The purpose of this guide is to help you to overturn a parking ticket if it can be seen to be ‘unfair’, but in most cases where the blame rests squarely on your head this guide will not be able to help you at all.
Parking tickets can either be official from local councils or police or they can be from private companies. If you have a private parking ticket this guide is not for you, but if you have an official ticket then read on.
Paying tickets is always the responsibility of the vehicle’s registered owner and not the person driving unless the vehicle has been hired. In this case it is the responsibility of the vehicle’s hirer.
As soon as you get the fine act immediately so that you can gather the necessary evidence and also due to fines increasing the longer they are left unpaid. Remember that if your car hasn’t been towed away do not pay the fine as it is admitting that you are liable.
Usually if you pay a fine within 14 days you only have to pay half of it. If you do start an appeal and it is unsuccessful a majority of the time you will be allowed to pay the discounted rate even if you are outside of the 14 days.
The most important factor to remember when trying to appeal a fine is that evidence is ‘king’. Without it you have no case, so from the moment you receive your ticket you should start to gather it. Take photographs of any signs that may have been put up, make sure that the signs are valid. (occasionally signs will have other street names on them which nullifies their validity). Also take pictures of unclear bay markings or yellow/red lines; lack of markings that you think should be there; take a picture of the area surrounding your car if you intend to dispute that you were parked legally; photo’s of parking meter’s if they still display the time your paid parking expired. Also keep any parking meter tickets.
If you return to the location where you parked your car and it isn’t there you first need to establish whether it has been towed or stolen. Contact local police or the company that runs the car park if on private land. If in London you can call trace, the 24 hour car location service on 02077474747.
Gather any documented evidence that you may have. Anything you have that proves your part of the story is helpful. This includes proof of mitigating circumstances. If your vehicle was stolen get a crime reference number and keep all correspondence from the police. Gather witness statements on the scene to corroborate your story. Any and all correspondence from all parties involved.
If you have been towed pay immediately to get your vehicle back. Paying if you have been towed or clamped is not an admission of guilt so you can still appeal. Do not attempt to remove clamps yourself as that will be classed as criminal damage.
Also if your car is in a compound everyday it is there your fine increases. Eventually if not collected it will be destroyed and you will be charged for this.
When you collect your vehicle from the car pound remember to take your driving license (both parts), the vehicle registration and a utility bill or bank statement with your address.
Tune in tomorrow for part 2 of how to appeal parking tickets. |
