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toxo

Another parking rant!

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I was amazed to find a ticket on my windscreen because the council alert me every year when my permit is about to expire and I always pay it on time. Turns out it had run out and the council hadn't sent me an alert. Of course I appealed and of course the council wouldn't allow it citing that it's down to me to renew and it's against the law to park without blah blah blah. I asked her why then did the council send out alerts every year which she didn't answer. I asked her if it was now council policy to NOT send out alerts every year. The answer came back, no they were still sending them to which I said In that case you're penalising me because of an omission by someone in your office which is not reasonable or fair so I ask you again to rescind the PCN to which she said ******** or words to that effect.

Should I risk going to court and risking another £25 on top of the original £25 or swallow it? I have to say it's a very very bitter pill to swallow bearing in mind that I'm paying for something that very rarely exists, namely a parking space. You try selling something that only exists occasionally. When I get in from shooting around 3.00am I have to park on the yellows and set the alarm for 7.30am hoping someone goes to work before the warden comes round.

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They have previously set a precedent with the alerts in previous  years .they havent sent you one this year .id be sueing them for lack of an  alert .and the impact its had on your life .

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Go to court the council has set a precedent and they will know this, they will back down before court.  How many other people has this affected ?

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I have seen similar where an ‘alert’ or notification was considered a courtesy and should not be relied on - I bet it’s in the small print somewhere 

it was upto the individual 

 

you could argue and have your day in court but being risk averse I would a begrudgingly pay the £25

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Can you prove you did not get a alert .i would pay the £25 it would cost a lot more in court if you loose .dont forget you are fighting the council 

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Pay it in pennies mate. The court will say ignorance is no excuse and that it was a kind courtesy gesture that reminders were sent out. They will then say that the admin for said gestures is costing other tax payers too much. Pay it and egg the traffic warden next time they walk within range.

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Posted (edited)
26 minutes ago, Pistol p said:

Pay it in pennies mate. The court will say ignorance is no excuse and that it was a kind courtesy gesture that reminders were sent out. They will then say that the admin for said gestures is costing other tax payers too much. Pay it and egg the traffic warden next time they walk within range.

And get done for assault and lose your tickets.... 

Appeal. You have 21 days. After that take it to tpt (traffic penalty tribunal) its free, they judge your case independently. Nothing to do with the council. You dont have to take a day off work, you can do it via writing. If that fails it will not cost more than the original pcn. See online about this.

IF you appeal again, that's where it go's to a proper court, and 99% I can guarantee you'd lose. 

Edited by strimmer_13

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I’d suck it up and pay £25 quid, life’s too short and if that’s the worst  thing that happens to you today it’s a pretty good day!

uid

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The council will bottle it if they had to go to court with every ticket it wouldn't be worth giving out tickets, admin etc etc etc

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Posted (edited)

I think I will go to the tribunal and risk the £50.

Firstly because I asked for evidence that an alert had been sent. They've said nothing.

Secondly I got her to say in writing that it is still council policy to send out alerts.

I'm not looking to change laws here (as nice as that would be), I'm just asking is it reasonable to not worry about renewing my parking permit because for the last ten plus years I've had an alert from the council in plenty of time to do just that. If it's council policy to send em out then someone in their office has made a mistake.

The council has been waging war on ordinary residents for years. There used to be an off road piece of dirt that you could park on in extremis. They put steel bollards around it.

After the council made "zones" to make life harder and pull in more money, a parking space in another zone gets you a ticket.

In my road there's nowhere near enough resident bays but because it's near the shops they put in a ticket machine on one side of the road for Joe Bloggs and his brother despite having two car parks between me and the shops. Just in my road there's room for at least four more bays but the council prefers the yellow lines. On top of that (and I say this whistling like that little emoji) they've cut down another two bays this year by installing disabled bays. That bloody EU eh! cor.

Oh and I nearly forgot, We used to pay £26 a year for a visitors permit as well so I could lend it to anyone visiting. This year they decided to scrap that so anyone visiting has to go to the library and buy tickets at £2 per day. When I called up initially about my PCN she said do you want renew now? Of course I do, I don't want PCNs every day. She said it'll take between five and seven days to get to you and in the meantime you'll need to use the £2 tickets every day. And this was after I'd just renewed my permit. 😭

 

Edited by toxo

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Posted (edited)

You know they dont want you to have a car .!

We are building new houses at the mo .and we cant sell one as we didnt allow for a 3 bike - ,bike storage space (this on a  right off the street terrace type city house ).

They want the cars gone and us all to ride bikes ..not sure how im supposed to get a van full of tool from one side of bristol to the other by 8am .every day on a push  bike. 

Edited by Ultrastu

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53 minutes ago, toxo said:

I think I will go to the tribunal and risk the £50.

Firstly because I asked for evidence that an alert had been sent. They've said nothing.

Secondly I got her to say in writing that it is still council policy to send out alerts.

Damned annoying, BUT.....

..... the council will tell the court that your name is on the list of residents to whom reminders were sent, and say that you probably mislaid or forgot about it (negligence), or deliberately chose not to pay (dishonesty), or that it simply got lost in the post.   There is quite likely to be something in small print saying it is the resident's responsibility to ensure that a permit has been purchased.

I suspect you may lose the case, unless you find several other people who will also say that they never received reminders.

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4 hours ago, NoBodyImportant said:

I would never buy a place without a drive way,  or at least a deeded parking spot.  But I’m not sure I’d set in court to save $25 ethier.  

 

+1

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17 minutes ago, London Best said:

I have heard that in parts of Japan if you don’t have off street parking you are not allowed a car.

Helicopter it is then.  

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5 hours ago, NoBodyImportant said:

I would never buy a place without a drive way,  or at least a deeded parking spot.  But I’m not sure I’d set in court to save $25 ethier.  

We are in the process of moving and one of our major points when buying was off street parking, we were sent to a few with estate agents without and they were told there is no point even going in because it has no parking. Some understood, others tried the whole spill that it may be your dream home etc. I'd politely explain that it couldn't be my dream home, because I couldn't think of anything worse than finishing work, getting home and having to hunt for a place to park the van, which is full up with expensive tools.

 

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It came as a bit of a surprise to me to find that some of the new developments around here will not allow vans or commercial,vehicles to be parked overnight.  So the people who built the place are not deemed fit to live there

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Posted (edited)

There is a row of council houses in the next village. Every one has a driveway but nearly all the residents leave their vehicles on the road, causing a considerable hazard as there is a bend just after one end of the row of houses. One of my pet hates.

Vehicles parked on the streets are a d****d nuisance and it should be illegal.

EVERYWHERE!

 

Edited by London Best

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The OP has no evidence that a reminder has not been sent. It might have been sent and lost in the post. I would be astonished if the OP was successful. Treat the permit like an MOT, tax or insurance. You know they last a year, so it should come as no shock that they expire.

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Posted (edited)

In my experience as a full time delivery driver, parking tickets are almost impossible to get waived. I think the only time I got one waived was when I caught the warden slapping a ticket on me windscreen without his hat on, Managed to grab a picture of him, he told me it wouldn't make any difference but his superiours thought otherwise and waived the fine. 

Good luck with your situation but to be honest even if you do go to court I doubt it will go your way. As said above you can't prove otherwise,

Edited by fatchap

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As much as it might stick in your throat , by far the easiest thing to do is just pay it. Fighting it will just prolong the stress of the situation for you. Just make sure that you get your permit on time next year.

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Posted (edited)
6 hours ago, fatchap said:

In my experience as a full time delivery driver, parking tickets are almost impossible to get waived. I think the only time I got one waived was when I caught the warden slapping a ticket on me windscreen without his hat on, Managed to grab a picture of him, he told me it wouldn't make any difference but his superiours thought otherwise and waived the fine. 

Good luck with your situation but to be honest even if you do go to court I doubt it will go your way. As said above you can't prove otherwise,

I'm a delivery driver also & have had a fair few tickets over turned as they have put tickets on when the tail lift has been down & i'm doing a delivery just send in the customer delivery note info to show was making a delivery at said number in said road . Thing i hate is when you turn up at a trade delivery & shoppers have parked in the loading/unloading space's so you have to park behind them & you get a ticket but they do not ticket the shoppers who should not be parked in the unloading bay WITH the big sign that's says loading/unloading only. Had many a row with parking wardens over this. 😡.

On 05/07/2019 at 17:20, toxo said:

I was amazed to find a ticket on my windscreen because the council alert me every year when my permit is about to expire and I always pay it on time. Turns out it had run out and the council hadn't sent me an alert. Of course I appealed and of course the council wouldn't allow it citing that it's down to me to renew and it's against the law to park without blah blah blah. I asked her why then did the council send out alerts every year which she didn't answer. I asked her if it was now council policy to NOT send out alerts every year. The answer came back, no they were still sending them to which I said In that case you're penalising me because of an omission by someone in your office which is not reasonable or fair so I ask you again to rescind the PCN to which she said ******** or words to that effect.

Should I risk going to court and risking another £25 on top of the original £25 or swallow it? I have to say it's a very very bitter pill to swallow bearing in mind that I'm paying for something that very rarely exists, namely a parking space. You try selling something that only exists occasionally. When I get in from shooting around 3.00am I have to park on the yellows and set the alarm for 7.30am hoping someone goes to work before the warden comes round.

Think it takes the wee wee you have to pay to park on the road where you live. If any thing they should issue you with free resident parking permits & ticket everyone else.

Edited by fse10
/

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On a side note a new estate is being built near us, a majority are 4 or 5 bed houses, the planning stipulation was that there must be 1.4 car parking spaced / drives per dwelling.

1.4 spaces for a 5 bed house, the estate that was completed 12 months ago has issues with some houses reportedly having 10 cars due to them being let as HMOs!

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