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RoyClaytonsTash
17 Dec 14 14:40
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Date Joined: 07 Feb 09
| Topic/replies: 9,732 | Blogger: RoyClaytonsTash's blog
One for the legal eagles.A friend of mine got a ticket from Birmingham City Council .She bought a ticket and put it on the dashboard but it appears when she shut the door the breeze blew the ticket down the side of the dashboard partly obscuring it.So she returned to find a penalty ticket for £25.She sent the said ticket off to appeal,ticket was returned
with a letter basically saying "tough".Ticket is dated and timed and was paid for on debit card .Not saying she's wrong or right but where does she stand on this one? Council have taken £4 for parking,can they have it both ways?

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Replies: 18
By:
ThunderRoad
When: 17 Dec 14 14:43
If she sends a letter to the council, with a photo of the purchased ticket, they may view at as a mitigating circumstance and rescind it. She has no actual legal comeback, no.

Thieving ****
By:
ThunderRoad
When: 17 Dec 14 14:43
*****s
By:
Burton-Brewers
When: 17 Dec 14 15:20
Brum council are skint they need every penny
By:
BARROWBOY
When: 17 Dec 14 15:25
Got a ticket last week cos my wheels were apparently over the dotted line,widthways,when i was parked in a lay by.there were about 6 cars in the layby & everyone was overlapping the line but i was the only to get a ticket.when i measured the box width it was 162 cms so impossible to park in without mounting the kerb.a lad in my local reckoned that the boxes should be a minimum of 180 cms,anyone know if thats true,just composing my appeal.
By:
call me a taxi
When: 17 Dec 14 15:40
Logically, the lay-by should be wide enough to be able to park any vehicle in it and open the drivers door without it hanging over the inside lane of the road.

I believe that a standard 40ft articulated vehicle is 8ft wide (240 cms)

Having said that, councils are not known for using common sense.
By:
Do wah Diddy
When: 17 Dec 14 15:54
ITS UP TO HER TO CHECK ITS STILL IN PLACE WHEN SHE SHUTS THE DOOR,THATS WHERE I LAY MY CASE FOR THE PROSECUTION MY LORD
By:
call me a taxi
When: 17 Dec 14 15:54
RoyClaytonsTash    17 Dec 14 14:40 
One for the legal eagles.A friend of mine got a ticket from Birmingham City Council .She bought a ticket and put it on the dashboard but it appears when she shut the door the breeze blew the ticket down the side of the dashboard partly obscuring it.So she returned to find a penalty ticket for £25.She sent the said ticket off to appeal,ticket was returned
with a letter basically saying "tough".Ticket is dated and timed and was paid for on debit card .Not saying she's wrong or right but where does she stand on this one? Council have taken £4 for parking,can they have it both ways?


All car parks I have been in ask you to display the ticket on your dashboard or windscreen.

However as your friend has a time stamped ticket, it's 100% proof of payment.

I got a ticket from Newham Council years ago for the same thing. They said 'tough' as well.

I wrote back and told them by Recordeed Delivery that I had contacted my solicitor, and said that if the ticket wasn't made void, I would see them in court. 

I was told to do that by another person who had the same problem. He said they won't fight a court case over a parking ticket. I didn't think a bluff would work, but it did, they cancelled it.

And another one I heard was the same thing again, but this time there were no CCTV cameras in the car park. He asked the council if their warden had defective eyesight as it was plain to see that he had left the windows open a fraction for fresh air on a warm day, as his dog was asleep on the back seat, and the breeze must have blown the ticket off the dashboard.

There was no dog.

That was in Eastbourne, and the ticket was cancelled.
By:
pumphol.
When: 17 Dec 14 15:55
Any chance the council made the bays smaller so tickets can be issued & three quarters will pay a fine if its given, or am I being silly & no council would dream of sinking that low Crazy
By:
Do wah Diddy
When: 17 Dec 14 15:56
YES
By:
Do wah Diddy
When: 17 Dec 14 15:58
YES MY LORD ,THERE ALWAYS SEEMS TO BE A LOT OF WIND ABOUT
By:
call me a taxi
When: 17 Dec 14 15:58
A 162 cms wide lay-by is ridiculous.

I wouldn't drive into it, my car's wider than that.
By:
Do wah Diddy
When: 17 Dec 14 16:02
COUNCELLOR FOR THE PROSECUTION  DO WAH DIDDY ,IVE LISTEN TO YOUR POINT OF VIEW AND IVE COMEVTO THE CONCLUSION YOUR RIGHT AGAIN ,GUILTY
By:
Do wah Diddy
When: 17 Dec 14 16:10
THE JAILS ARE FULL OF PEOPLE WHO HELD KNIFES IN THEIR HANDS AND THE WIND BLEW THEM AWAY AND STABBED SOMEONE
By:
Deltâ
When: 17 Dec 14 18:42
exact same thing happened as OP

ticket bought blew off dash on door shutting


CCTV pics from Council showed no ticket displayed although bought


settled on half penalty fee in the end ...


[funnily, first knew of it was a letter as Penalty Notice wasnt on car on return ]
By:
ONTHEBIT
When: 17 Dec 14 23:26
Roy, you say the ticket was partially obscured, can you see part of the ticket in the photos? Also what location was she parked? You say she paid by debit card, did she have to enter her vehicle registration number when she purchased?
By:
David Fishwick Minibus Sales
When: 17 Dec 14 23:35
pay up you tight bastard a shocking omission
By:
Sica Dan
When: 17 Dec 14 23:38
Happened  to me but showing proof that I had in fact paid
resulted in cancellation.
I also got a ticket for moving into a bus lane to let a fire engine pass.
By:
ONTHEBIT
When: 17 Dec 14 23:47
The reason I ask Roy is if its partially visible they will let you off 1st occasion. If it has the vrn on it they will let you off 1st occasion because this makes it unique to the vehicle & could not have been obtained from a 3rd party.
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