Parking tickets can be a massive nuisance. You park somewhere sure that it is safe and legal to do so, only to find a ticket slapped on it. However, in some cases that ticket should not have been issued. In this instance it is important to remain calm and dispute the ticket in the right way.
Grounds for appeal
Grounds for appeal can include-
- Incorrect fines (for example fining someone despite legally parking somewhere)
- Excessive penalties (Charging too much for the fine)
- Not following correct procedures (Not including correct information etc)
- You were not the owner of the vehicle at the time of the offence
- The vehicle was stolen and the thief committed the offence using your vehicle
- You already paid it (You should have proof of this)
Ask it to be put on hold
When appealing ask for the fine to be placed on hold. This means that in the event of an appeal being unsuccessful you can still pay half the amount for paying within 14 days. If the illegal parking or other incident was caught on CCTV the amount of time to pay the reduced fine is increased to 21 days.
Don’t pay the fine at this stage as paying the fine counts as an admission of guilt.
If an appeal makes it to the tribunal stage you need to make sure you or your legal representative are there. It may sound strange but a lot of people have had successful appeals simply by the fact that the council did not turn up.
Taking pictures of road signs, markings, meters or lack thereof. This means that in the event of a dispute about where you parked or the information provided you can show whether or not the information or markings are clear.
Furthermore, any paperwork such as witness statements (for example a friend who can say if you had recently suffered a bereavement) or a doctor’s note can provide additional evidence that there were mitigating circumstances and you should not have to pay the ticket.
Remember to submit evidence as the court or council asks for it, to give yourself the best chance of a positive verdict.
Currently there are no offences that specifically result in vehicles being clamped or towed away. However, it should be noted that paying to have a clamp removed is not an admission of guilt and this can be appealed.
Do not try to remove the clamp yourself – removing a clamp is criminal damage and you may be charged for that. If a car has been towed away you need to get it back as soon as possible because for each day they keep it the cost increases (and if they destroy the vehicle that will result in additional costs incurred).
If you would like to know more about whether or not you can appeal a parking fine and whether you have grounds to do so contact us today and we will be happy to look at your individual case and offer our specialist advice.