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Original poster

any legal people on line please for a view on this decision?

13 replies

mckenzie · 02/10/2008 11:44

It relates to a parking fine that we have been issued with and have contested. The details are as follows..

DH and I parked on a road outside a restaurant. Turned engine off, lights off etc and got out of the car. Saw some friends that we were meeting in the ditance along the pavement and as we waited for them to approach we realised that actually our front tyres were over the bus stop road markings. We got back in the car, drove off and parked else where. This was at 8pm.

We were issued with a ticket, taken by the mobile camera, showing the car parked in the bus stop bay at 9.57pm!!

So, the clock on the camera was wrong for a start - does that matter? Is that alone a reason for the parking fine to be withdrawn?

We have appealed stating that in the dark it was practically impossible to see that we were parked over the bus stop markings and that it was only as we got out of the car could we see that in fact, we were illegally park and so we moved off. When we parked originally we genuinely thought we were fine to park there.
Our appeal has been rejected but we feel quite strongly that this is wrong and I would love some toher opinions please.

TIA

OP posts:

Original poster

mckenzie · 02/10/2008 13:11

bump

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ditheringdora · 02/10/2008 13:14

what a PITA, hope someone more knowledgeable will be able to help.

Original poster

mckenzie · 02/10/2008 13:42

thanks dd

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annh · 02/10/2008 18:10

Have you asked them for the photo? Presumably if you realised as you got out of the car that you were on the bus stop, any photo should show you always in or beside the car?

Original poster

mckenzie · 02/10/2008 19:03

they photo shows the car being parked there for the 59 seconds which I assume is the legal amount of time required. We got right out of the car Ann and moved away to wait for the friends that we could see approaching. We didn't immediately get out and check as we had thought that we were parked okay. It was only as we stood back from the road a bit that we could see that our front wheels were just encroaching on the bus stop markings and that's when we then got back in and moved off.

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CarGirl · 02/10/2008 19:05

I would argue that you weren't parked but unloading?

Original poster

mckenzie · 02/10/2008 19:16

I don't want to start lying though cargirl as I genuinely feel, for our actions, we don't deserve the fine.

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CarGirl · 02/10/2008 21:50

Perhaps you can ask them what constitutes parking versus unloading because you pulled up, got out checked it was ok then removed the car? I would carry on arguing the point with them.

CarGirl · 02/10/2008 21:50

In fact have you got proof your car was elsewhere at the time? Surely if the clock was that wrong then it is invalid.

Original poster

mckenzie · 03/10/2008 09:12

that's what I'm trying to find out re the timings cargirl. Does the time being wrong constitute an invalid parking fine? We have 8 witnesses (including 2 policemen and 1 solicitor) who can give statements saying that we were in the restaurant eating dinner at the time the contravention alledgely took place. However, I can't remember the wording of their letter but they incinuated that a group of people out celebrating someone's birthday would not be able to correctly remember if someone left the table or what time someone left the restaurant!!
I have appealed and teh appeal has been refused so it seems, according tot he letter IO have just read, that we just need to pay up. I'm so inclined to not pay and let it go to court - that's how strongly I feel that we were not in the wrong. But maybe not??

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MissAnneElk · 03/10/2008 09:18

I'm not sure it would matter in this case that the clock was wrong because I assume parking on the bus stop is illegal at all times. If you have appealed and that failed, then I think you have no option but pay. I do think it's wrong though and that is the trouble with being found guilty just by a camera rather than being issued a ticket by a real live person.

KarisTiasMum · 03/10/2008 09:25

I believe that if you were fined for being parked in that place at 9:57 and you were not parked there at the time then the fine is invalid. They have made a mistake on a key detail of their case against you which should mean the case will be thrown out.

If i were you i would contact your local MP, i know it sounds a little over the top, but some times with things like this you need to stick your head above the crowd of people who may be in the same position to make yourself heard.

Google his/her email adress and just email them, usually by involving the MP the council (or whoever is issuing the fine) will take you more seriously and your case will be looked at by humans instead of just being aquashed through the 'fine' system.

I hope that helps. Our local MP is pretty good and i have een to him about a few issues before and he has been extremely helpful.

Original poster

mckenzie · 03/10/2008 10:38

thank you both very much for the replies. I think I'm going to go the MP route and see how we get on.

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