Forgive me if this has been raised before but can a GB motorist pay a parking fine within the reduced fine time limit ( to save any late payment excess) and then make an appeal thereafter. If no appeal is allowed after payment, can the motorist go to the small claims court to try to get recompense?
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Assume this is a penalty charge notice issued by the Council and not a fixed penalty issued by Police or warden.
Payment is taken as acceptance of liability; this is likely shown in the small print on the ticket. It certainly was on the one I was quite justifiably given in Milton Keynes last week. The Council will say that the penalty for the contravention is the full rate and that is the "stake" at issue if you wish to appeal to an adjudicator. The discounted rate is intended as an incentive for those who do not wish to challenge the contravention for them to pay up early and save the Council chasing them up etc. It may, more controversially, be seen as a deterrent to unmeritorious appeals but that inevitably covers some fairly subtle grey areas short of the absolutely clear cut.
As to the small claims court I don't know. I would be doubtful if it has jurisdiction given that Parliament has put the adjudicators there to deal with disputed tickets. There will also be court fees to pay and a deal of time to be devoted to correspondence. Remember the Council staff are being paid to do this and may not regard cost or time as a factor, particularly on an issue of principle. Is it worth it for what, even in London, is a £50 difference?.
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If you notify your intention to object/appeal to LA responsible for issuing the Ticket within 14 days then you should preserve your right to a reduced rate should your objection fail.
Go along to (mind where you park)
tinyurl.com/2yqkj
Loads of good information.
DVD
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DVD is, as ever, on the spot. I had overlooked the informal representation stage.
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Thank you for your replies. LA changed my parking zone (without telling me)on renewal of my parking permit.It happened to me before in 2001 and they cancelled their tickets but this time they say I should have noticed their mistake!!
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When "they" pay us money for anything there is often a clause saying that the payment is in no way an admission of liability.
If that clause has any legal standing then presumably we could do the same when paying fines?
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Dwight, thank you for the site info, as you say loads of information. Why don't the LA's inform Joe Public about this site, it would save a lot a time?
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It wasn't me, I didn't do it... - John R {P} :¬)
Fri 30 Jan 04 09:28
Headline NEWS... (update)
Backroomer John R :¬) is INNOCENT of parking offence.
"I always new the truth would prevail" says John R.
A letter arrived yesterday from L & B Police, explaining that the issuing officer had noted the wrong registration number. They also apologised for "any inconvinience caused...".
Relief all round...
See www.honestjohn.co.uk/forum/post/index.htm?f=2&t=18...2 for the full story.
John R
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