Parking Fines - What To Do When They're Wrong.

Discussion in 'The Muppet Show' started by shiney, Oct 21, 2016.

  1. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    I handle some consumer problems but it used to be a lot. Some of them were similar to this but Joe Lycett is good at explaining them.

    You need a lot of patience when dealing with bureaucracy!

     
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    • Scrungee

      Scrungee Well known for it

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      I remember returning to where I'd parked in an empty taxi rank and a warden was there and about to about to issue a ticket. I pointed out that taxis found it too far away from the main rank where all their customers waited and where as many taxis were parked on double yellow lines as were in the rank at non-peak times, that the only vehicles using the rank where I was parked were police cars getting take away food from the hotel opposite, and suggested it wouldn't be sensible to start pursuing everybody. I never received a ticket.
       
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      • john558

        john558 Total Gardener

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        In my local paper today, mad or what?

        Manager of Rat Race in Margate High Street Ryan Bond given a fixed penalty notice after sweeping the front of shop

        18 October 2016
        by Ellis Stephenson
        A Margate shopkeeper has been fined for cleaning the street outside the place he has worked for more than a year.

        Ryan Bond is a manager at Rat Race in Margate High Street and was carrying out his daily routine of cleaning the outside of the store.

        He was being watched by two environment wardens as he was sweeping cigarette ends into the road for a road cleaning machine to pick up when it next came past.


        Ryan Bond was fined £80 for sweeping the street outside the shop where he works



        The uniformed workers, who were on duty on behalf of Thanet District Council (TDC), then followed Mr Bond into the shop.

        They handed him an £80 fixed penalty notice (FPN), saying as he had touched the cigarette ends with his broom he had then taken responsibility for them.

        When he asked the team what he should have done with them instead, he was told that he should have picked them up and put them in a bin.


        Ryan Bond was fined £80 for sweeping the street outside the shop where he works



        Mr Bond said: “It happened on Friday at about 1.30pm.

        “It’s put me off tidying the front of the shop because I’m worried I’m going to get fined.

        “I’ve written a letter to the council to ask for some advice and I’m going to wait for their reply before I pay it.”

        Despite the appeal, a council official has released a statement condemning Mr Bond's decision to sweep the litter away.

        Head of operational services Geoff Dunne said: "Whilst we appreciate that Mr Bond was trying to keep his shop entrance clear, it should be noted that had Mr Bond collected up and binned the litter, the outcome would have been different.

        "The council can confirm that we have received an appeal, which we will process in line with our guidelines."

        Mr Bond, who is 21, has worked at the shop for a year and a half, sweeping the pavement outside every day to smarten up the entrance.

        He has now stopped as he is worried he may be hit with another fine.

        He added: “I’m being treated like I’ve done something wrong but I haven’t, I was just tidying the front of the shop."
         
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        • WeeTam

          WeeTam Total Gardener

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          Makes me think that maybe just maybe we`d all be better off without those council extra busibodies who create work for themselves that ends up costing the public a fortune. Hiring staff on 200k a year jobs but these same staff end up hiring in consultants to tell them what they need to do.So why have the 200k staff if they cant solve problems themselves.
          My council is always hiring staff for important 100k jobs then releasing them after a few years to save us money? They get massive payouts and then we are told the council is skint. All these positions for a rural council where nothing ever gets done. :rolleyespink:
           
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          • john558

            john558 Total Gardener

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            Does make you wonder that if you kick/knock any litter on the footpath as you walk past and as you touched it last, would you be issued with a ticket? I live on the main road surrounded by trees, I have in the past cleared the leaves from my front garden/path outside, so if I left one leaf I could perhaps have to pay a fine if I was seen............Total madness.
             
          • Jiffy

            Jiffy The Match is on Fire

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            Living in the countryside where it's offen to have cow poo on the roads, Now, it's an offence to not pick up your dog poo so why isn't it a offence for farmers not to pick up there cow poo and when the muck spreads come out there's can be hell of a mess here and no one cleans it up even when it has fallen off the muck spreader which is agaist the law, insecure load.
            then there's all the horse poo which don't get picked up
             
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              Last edited: Oct 22, 2016
            • pete

              pete Growing a bit of this and a bit of that....

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              Regarding parking fines etc.
              Just who is able to fine you these days??
              I was under the impression that only the courts could fine an individual.

              But we seem to have schools fining parents, for going on holiday, supermarkets fining shoppers, for parking too long.

              How does this work?

              Could I fine someone who parked on my property??
               
            • Scrungee

              Scrungee Well known for it

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              He should have used one of these

              [​IMG]

              I think it's the same if you return to your car and find a piece of rubbish on the roof/bonnet, if you pick it off and throw it down you're littering, but if you drive off so it falls onto the ground it's OK.
               
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              • shiney

                shiney President, Grumpy Old Men's Club Staff Member

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                A PCN (penalty charge notice) can only be issued for parking on public land and would usually come from the police or council. Those are fines. Anything else isn't a fine and must not state that they are a PCN. Some companies try to get around it by calling it a PCN but then have different words that mention it - such as Penalty Car Notice. These are not valid.

                Under certain circumstances - but it won't be a fine. You are entitled to put up a prominent sign saying that there would be a charge for overstaying the allocated time allowed. This, of course, means that you will be allowing them to park for that stated time.

                If they park then they are entering into a contract. If they break that contract they can be taken to court for breach of the contract. This isn't a fine :nonofinger: as it's a civil case.

                You are not allowed to clamp their car or do anything to restrict them from leaving. Also, you won't be able to get their address from the DVLA unless you belong to one of the two parking associations. In other words, you can stick a penalty notice on their car but can't stop them from leaving. Then you almost certainly won't be able to find their address to send them a letter asking for payment for breach or taking them to the Small Claims Court.

                The situation is different if you are not offering parking space and they park on your property. This is trespass and you can take them to civil court. You can move the vehicle, with extreme care, as long as it's done without intention to deprive the owner of the use of their car. You are not allowed to damage it in the process. I know of a case ;) where an obstructing car was carefully pushed (bounced :whistle:) out of the way and left sticking partially out into the road. A 'passer-by' called the police and said that there was a dangerous obstruction in the road. The police came round and knocked on the door of the house alongside but the owner wasn't there :). The car was towed away. :dbgrtmb: That, of course, is not legal and I could never condone such actions. :heehee:

                From the other side:- If you receive a penalty notice from a supermarket (or private property) for overstaying, pay it if you think it's reasonable. If you think it isn't reasonable, either ignore it and wait to see what happens (usually nothing) or say that you think it's unreasonable and offer them what you think is reasonable. A few pounds over normal parking charges for the time you've had would be reasonable.
                 
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                • Scrungee

                  Scrungee Well known for it

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                  Some operators without any connection whatsoever to any of the supermarkets visit their car parks and issue penalty notices for the likes of parking in disabled/'parent and child' spaces without displaying a badge, leaving cars in 'pick up points', parking outside marked bays, etc. It is a scam.
                   
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                  • pete

                    pete Growing a bit of this and a bit of that....

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                    I've heard of supermarkets actually pursuing people who have parked in their car parks and not conforming to their rules.
                    Likewise railway car parks.

                    I dont think its very clear to people who can fine you and who cant.
                     
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                    • shiney

                      shiney President, Grumpy Old Men's Club Staff Member

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                      Supermarkets don't usually pursue the matter but if they have contracted out the parking the contractors sometimes pursue it. The can't get your address unless they belong to one of the registration bodies and you can appeal to that body. The registration body charges them £27 for a dispute but not the car owner. The registration body's decision is not binding on you and you can refuse to pay if they find in the car park's favour. They would then have to pursue you through the civil courts.

                      This isn't the case with parking on public land.
                       
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                      • ARMANDII

                        ARMANDII Low Flying Administrator Staff Member

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                        Councils, Police, etc can issue Parking Charge Notices for public places who can increase the fine if you don't either appeal it or pay it. There are several routes they can go to recover the money, take you to Court, employ Bailiffs to recover property to the value, sell the Debt to a private company, it all depends on the Council.
                        Parking "violations" on private land such as Hospitals, Supermarkets and Fuel Stations and the penalty charges [it's not a fine} are usually issued by and pursued by private companies hired for the task with a disclaimer, usually posted as a sign on the site, usually issued by the Fuel Station, Supermarket, Hospital, basically saying "nuthin' to do with me, Guv'nor". Such penalties aren't easy to enforce so the parking penalties companies would have to take people to court to try to recover the costs. From my experience Courts are not all that sympathetic to those companies particularly those who has issued large/unfair penalties, but it all depends on the day and the individual view of the Court.
                        One thing to watch for is that a lot of private companies will try to make the penalty ticket they issue look like a Council issued Parking Charge Notice ticket so it's always best to check it.
                         
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