parking fine

[richi]

right i am appealing against a parking ticket i was issued, i no i shouldnt of parked there etc but ithink i have a strong case as the lines are well faded, broke and large chunks are missing in about ten places along the line and do not end in a t bar which are all requirements under the Road Traffic Act 1991 and i have pics to prove.

i sent my appeal letter of but i was later than 28 days from the offence as someone took the ticket of the car i i didnt know about it untill the letter came through my door which i am aware of is not a defence from a legal stand point.

so according to the council they have the discretion to consider representations, but my mitigation does not meet the councils criteria.

the letter also states that the yellow lines i was parked on where clear and obvious on a restricted street during prescribed hours. they advise to pay immediately in order to avoid increased charge and stop debt being registered at county court.

but my point still stands that i have photos to prove that the lines do not comply with the law, so am i best off just waiting for them to take me to court as from a previouse letter i am under the assumption that the fine is only to rise £5 pounds to cover court costs so must be worth going to court over the matter or would i incure more costs in hidden expences?

[Jon_nova1]

if they're taking you to court you can have a lawyer, speak to a lawyer

Its unlikely any action will be taken for replying late, as its usually reply by this date or the fine goes up

of course they would advise you to pay up lol

if they don't comply with the road traffic act, theres nothing that says you can't park there, there may be a sign that states you can't park there, but unless theres correct markings on the ground, they don't exist

loads of people have won cases just by saying its got no t-bar with pics ;)

[richi]

yeah thats what people are saying but because my fine stands at £105 they will be more inclined to make me pay lol,
as you have said if the lines do not comply then all the sign posts around it means jack.
true the later i appeal the higher the fine goes up so i take it by appeal they mean to there own appeal panel who will try to reject it as thats how the get money so the only way to win seems to be going to court am i correct???

[richi]

would a lawyer not cost money though or do you get one free through finacial aid? or is it easier to represent myself?

[Jon_nova1]

can you appeal now?

send them the pics

if they still reject it, theres a few lawyers that allow an hour free session, so advice can easily be sought, if you use a lawyer and they lose, they have to pay your legal fees, but if you lose, you have to pay legal fees (thiers and yours)

best to see a solicitor to make sure though

[richi]

yes i have sent them pics and from a legal standpoint i am sure i am correct in saying the ticket should not be valid,
the just say because its not within 28 days they will not consider appeal, and the the lines are clear and obvious and i should pay now lol

might have to find out about how i stand legally and if it is worth going to court cheers mate

[Jon_nova1]

you would inevitably end up in court anyway if they reject it

See what google says, there will be loads of info there ;)