New parking rules have been introduced in England. Local authorities can now issue tickets by post and use CCTV to punish motorists who break the rules.
Varying charges can now be handed out - with drivers who park on a double yellow line facing a fine of up to £120 in London and £70 across the rest of the country.
Matt Dickinson, a lawyer specialising in motoring law at Geoffrey Miller Solicitors, outlines his top tips on how to challenge a parking ticket.
- Remember that the statistics are in your favour!
Over 60 per cent of appeals challenging parking tickets, which are heard by independent adjudicators, are successful, but less than one per cent of drivers appeal. With the introduction of changes to the law, councils now have to include information about the right to appeal on tickets or when they are issuing a penalty by post. Before this, many drivers only discovered that they had the right to appeal when their challenge was rejected by the council. Motoring groups say that hundreds of thousands of drivers pay tickets that they think are unfair because they don't realise that they can appeal and don't know that they have a high chance of winning if they do so. - Know your ticket.
There are several types of parking tickets - some are issued by the local authority, some by the police and others by private landowners. Different tickets are covered by different regulations and have different effects. For example, if you're given a ticket on private land, such as a supermarket car park, it's a contract law matter and the supermarket must prove that the driver (and not the owner) entered into a contract, which can be difficult. In contrast, some council-owned car parks are not covered by a civil enforcement regime and a failure to pay may be a criminal matter, which can lead to a Magistrates' Court appearance. More information on the different types of ticket can be found in Lawpack's Fight a Motoring Ticket Kit. - How was your ticket served?
Before the law changes today, the traffic warden would have had to fix your ticket to the vehicle, but they are now allowed to send the ticket by post in certain circumstances (e.g. if you drive off while they are writing the ticket). If a ticket is served on you in the post, then you should make sure that the council has a recognised reason for doing it. If there isn't, then you'll be able to appeal the ticket. - Have you committed the contravention?
The parking ticket should include details of the parking contravention you're alleged to have committed. There are a large number of possible offences, but you should be able to determine what restrictions apply from signs either when you enter an area or from along the particular street you park on and from standard highway markings. If the signage and markings are unclear, or not present, then you should be able to appeal against your ticket. - Stick to the facts.
Write to the council explaining in detail why you disagree with the ticket. Make sure that you've clearly identified a reason (or reasons) why the ticket should be cancelled. Be methodical and set out the grounds as clearly as possible. Be clear and concise and don't complain about the traffic wardens. If you write to the council, within 14 days, you will still be offered an early payment discount, even if the council rejects your representation. - Provide supporting evidence.
The council will usually have photographic evidence of the alleged infringement. The evidence you require will vary depending on the grounds on which you dispute the ticket, so consider what would convince you of the case you’re putting forward. If it helps your case, take witness statements from other people present or include photographs or videos of the street showing the visibility of signs. You could also include evidence such as a pay and display ticket or a timed receipt showing that you were collecting items from a shop. - Request further information, if necessary.
If you don't have the information that you require, then don't hesitate to ask the council to provide you with the information you need. This may include the traffic warden's records of the contravention or a copy of the traffic regulation order which details the parking restriction you're alleged to have breached. - Meet any deadlines imposed.
If you haven't paid the parking ticket within 28 days of service, then you will receive a notice to owner. The notice to owner allows you 28 days in which you can challenge the ticket. If it was fixed to your vehicle, you may write to the council before you receive the notice to owner and make informal representations (these are representations which haven't been invited). You should make sure that you comply with this deadline, and subsequent guidelines, as a failure to do so won't help you to avoid the charge and it may make it more difficult for you to appeal later on. - Know your regulations.
If you want to appeal your ticket, then you're not solely limited to making representations on whether the original contravention occurred. There are also regulations which specify how the parking ticket is set out, what it contains and the amounts it can be for. If any of these requirements are missing, then the parking ticket won't be valid. Lawpack’s Fight a Motoring Ticket Kit details all of the regulations and gives you expert advice on how to use these technicalities to your advantage. - Don't be afraid to follow the appeals process to the end.
If your formal representation is rejected, you'll be sent a Notice to Owner ordering you to pay. You have 28 days from then to pay or appeal. Along with your rejection, you'll receive an appeal notice which you can use to appeal to the independent adjudicator. You can appeal to the adjudicator by posting your form and evidence; appearing at a tribunal in person; taking part in a conference call with the adjudicator, a council official and any witnesses; or appealing online.
Geoffrey Miller Solicitors is one of the country’s only firms specialising solely in defending drivers who are facing prosecution for motoring offences. Based in Manchester, the firm boasts an impressive track record and has helped to win appeals for former England footballers Viv Andrews and Tony Woodcock. In their Kit, Fight a Motoring Ticket Kit, they share their authoritative 'insider view' on how to make a successful appeal for both parking tickets and speeding fines. All of the recent law changes are also included.
