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Urgent Help needed re a parking ticket.

Dear lifers, having seen the good posts this week on another topic.

This morning we have just received a Ticket for a parking offence that happened on the 20th December, 2011 in Welling.
My partner parked up in a pay and display bay and when to get change for the parking machine, leaving our 9 year old girl in the car. After a few minuets getting change she returned to the car to find a traffic warden banging on the window trying to get our daughter to open the window, this was distressing her quite a lot.
My partner explained to the guy what had happened but because of the distress this guy caused she decided to take her home right away.

This morning we got a PNC notice in the post but they never issued a ticket and the behaviour of the traffic warden is at best disgusting at worst criminal?

What can I do, about the whole situation.

Comments

  • I would appeal and say it as you have done above, if they never issued a ticket ask them for proof.
  • What evidence have they got? Was the ticket issued by camera? Usually they must have photographic proof of the ticket being on your windscreen( I recently got a ticket quashed in Hammersmith and Fulham this way)or they can`t claim the money. All councils will still try it on as we all know it is a racket against the motorist.

    If it was issued by camera then you won`t have much joy I expect. Good luck with it anyway and make sure you put in a complaint against the warden.
  • Mate , you could try phoning them but unlikely theres a number on it or that you will get through , but if you can remember to stay calm and dont get involved in a slanging match . If not write to them explaining exactly what happended , no way should you pay this . No common sense whatsoever from the traffic warden by the sounds of it as per usual from them . Do not pay it in a million years .
  • Strasbrger sorry to say the wardens in Welling are worse than the Talliban one tried to give me a penalty notice whilst I was at the machine buying a ticket and swore that my car had been there for 10 minutes. All I could do not to knock him out but luckliy an intervention from a shop owner who had seen the whole incident saved the day. It needs sorting out and quick, and by the way quite a number of the wardens I have necountered are not exactly fluent in the English language which really doesn't help, byt the way this isn't a racist remark as I am not just an observation.
  • I always go a bit strong in such situations, but here goes. I would write immediately back to them along these lines :- I am writing to report a distressing situation which occured on 20th December in xxxx car park. I arrived at around xxxx went immediately to the ticket machine for a ticket, leaving my 9 year old Daughter locked in the car for obvious safety reasons. Upon my return I was astonished to find one of your Wardens hammering upon the door which frightened the daylights out of my Daughter. I remonstrated with the Warden and drove away at once.
    Has this man been checked against the Sex Offenders Register ? His actions were disgraceful, and now you have had the cheek to send me a parking fine. Before I approach the Police and the Local Paper, could I please have an immediate response from you.

    I always go for the jugular, but it usually works.

  • Good advice Grandpa like that a lot these people need to know where their boundries are
  • Granpa, That is what I was aiming for, you have hit the nail on the head. I am normally very good at this type of thing but as this is my daughter I keep getting very angry and could not see past the red mist.
    Thank you.
  • Most (if not all) local authorities issuing parking tickets now take a photograph of the vehicle and another one with the ticket stuck on the windscreen. Bexley do - I've seen it in action.

    Ask them to produce the images as proof the ticket was issued.
  • You don't say whether she had purchased the ticket before returning to the car. Not sure if it makes any difference but I'd have thought if you had a valid ticket they can't possible pursue it in the circumstances.
  • If the warden was from the council, he would have taken a photo on the car, as I got a ticket a few years. The ticket I got had the wrong road on it, I requested the photo, they sent to me via email. I emailed them back to say that the photo was of my car, but not in the street on the ticket. Case dimissed.

    Is it an offence to park your car and then go to the ticket machine? How long are you allowed to get a ticket?
  • If it's an LA (Local Authority) issued ticket, then 'going for change' is not permitted - you are required to already have the necessary change when you arrive. Sounds ridiculous, but this has been independently adjudicated on and appeals are not upheld on the basis that you didn't have the correct money prior to arrival and needed to get change before being able to pay.
  • If it's an LA (Local Authority) issued ticket, then 'going for change' is not permitted - you are required to already have the necessary change when you arrive. Sounds ridiculous, but this has been independently adjudicated on and appeals are not upheld on the basis that you didn't have the correct money prior to arrival and needed to get change before being able to pay.

    She was trying to park in Tesco but that was full and had no choice but to get change (something which not many of us have spare these days)

    And no she returned to the car because of the traffic warden before buying a ticket. As our daughter was so upset she decided to take her home, right away.
  • In some senses Srasburger it may all be a bit too late. I would have reacted exactly the same in the circumstances but it's a pity your wife didn't first get the wardens name and number and then immediately made a formal complaint I bet my house you wouldn't have got a ticket then! Never the less I would still write the letter and see what comes back. Totally disgraceful no wonder high streets are dying with this kind of behaviour to contend with.
  • As evidence that you had only gone for change you would point out that you would not leave a 9 year old alone locked in a parked car. Only reason you didn't purchase a ticket was because the warden's behaviour and concern for your daughter prevented you.
    Going for change not an allowed appeal as Leroy says but councils can instruct wardens to give a period of grace, ours are supposed to give 5 minutes. They can log a time when they see your vehicle and the time they issued a ticket to counter claims if you appeal on those grounds. As he never issued a ticket he can make up whatever times he chooses, so be prepared to dispute how long you were away getting change, it's his word against yours.
    It's down to shaming the council to drop the penalty and you have to try and get to the Council chief, as a formal appeal is likely to get dismissed at the outset by the traffic department. I've always found councils don't like the local MP getting involved, because it has to be taken seriously at a senior level by the Council. So a line to the MP as well as the press doesn't hurt.
    Although you can express anger there is nothing to be gained by being abusive and rude, being factual and reasoned carries more weight.
  • He had absolutely no business banging on the car. Have you checked for any minor damage (which would be criminal)?
    Do as Grandpa suggests but why not ask the specific question "what did he intend to do if the daughter had unlocked the door?" because I can't think of a legitimate answer to that. The Council is likely to take notice of a complaint on behalf of child safety. They should be asking that question of their warden. Hopefully that warden will get the tin tack.
  • Do they not have to have a picture of the ticket of the car anyway?
  • Instead of getting change, are you sure she wasn't queueing up to get a ticket??
  • Not that you still won't win an appeal otherwise - I don't know - but if your wife still has the ticket she purchased your story is backed up 100%.
  • Got one in Bromley recently and had to go online to council site view photo evidence.
  • Dear lifers, having seen the good posts this week on another topic.

    This morning we have just received a Ticket for a parking offence that happened on the 20th December, 2011 in Welling.
    My partner parked up in a pay and display bay and when to get change for the parking machine, leaving our 9 year old girl in the car. After a few minuets getting change she returned to the car to find a traffic warden banging on the window trying to get our daughter to open the window, this was distressing her quite a lot.
    My partner explained to the guy what had happened but because of the distress this guy caused she decided to take her home right away.

    This morning we got a PNC notice in the post but they never issued a ticket and the behaviour of the traffic warden is at best disgusting at worst criminal?

    What can I do, about the whole situation.

    hate to be the bearer of bad news

    You can write - but if you did not buy a ticket even when you returned and drove out they will look at it as though you left your daughter in the car while you nipped off to get a few bits.....did you come back with a bag?

    Also if you reported it now that he banged on the window --they will think the only reason your bringing up is to avaoid paying -- you should have reported the incident at the time

    I would pay it and put it to bed
  • Gross msiconduct on behalf of warden. Make a complaint regarding that rather than the issuing of a ticket. Don't want to be provocative, but are you trying to get redress for the behaviour or to avoid paying a fine?
  • Guys I paid the fine this morning.
    I ended up with one that went out of hand last time and cost me £444.
    I want the guy called up for the way he behaved.

    If that happens I would expect the ticket to be refunded at some point ~(but less important)
  • Good luck with the appeal Strasburger.

    I got a ticket myself yesterday in Dartford. Parked in a 30 minute bay at 10.49 (checked my phone) and got a ticket just 23 minutes later at 11.12! Scumbags. Obviously I've appealled.
  • Can I suggest you go for sympathy rather than going in all guns blazing. Stress that you appreciate that they have an important job to do, but that on this occasion you feel the guy made a bad error of judgement.
    Obviously, you'll feel sick having to be polite about it, but this approach has worked in the past.
  • WOW.

    just paid a parking ticket for nonsencial fine in tower hamlets (parking a motorbike on the pavement...next to a load of bike racks but whatever)

    paid it through the internet; said my card had been declined. Thought it was weird as i enough money in my account, so tried it again. Checked my bank, and then rang them; they said that £65 had been taken out of my account just now, twice. So now i'm in a position where i haven't got a receipt from tower hamlets as they thought the transaction was declined, and now need to chase them to get £65 back, which I know is going to be a massive hassle. this is not what i need. Plus - it's right near the end of the limit before it goes up in price, so wouldn't be surprised if I get a court summons for non payment.

    Pretty big flaw in their website and the woman on the phone was no help at all...
  • Worth checking whether the amounts had just been "reserved" on your account as opposed to actually being taken.

    When a card transaction begins, one of the early steps is to check that the funds are available and freeze them - subject to all the security PIN and stuff being OK.

    You may find the 2 transactions just disappear from your account in a few days.
  • Olster, get a letter from the bank sent over today explaining how much to whom and when the payment happened.
    Get that over to TH and get a refund from them and notice that the account is settled.

    Best bit after that you can then use the distance selling act to get the payment returned to your account via the bank (due to no payment receipt being provided) and you have a settled ticket from TH and the money back.

    All legally correct (as they have put you in this situation) however morally you might feel about it.

    Can I just say morally I think that parking in a dangerous way or causing an obstruction to other road users is wrong. But being done for every little thing that you can be by a TW is even more so.

    I am still fighting our ticket.
  • olster said:

    WOW.

    just paid a parking ticket for nonsencial fine in tower hamlets (parking a motorbike on the pavement...next to a load of bike racks but whatever)

    paid it through the internet; said my card had been declined. Thought it was weird as i enough money in my account, so tried it again. Checked my bank, and then rang them; they said that £65 had been taken out of my account just now, twice. So now i'm in a position where i haven't got a receipt from tower hamlets as they thought the transaction was declined, and now need to chase them to get £65 back, which I know is going to be a massive hassle. this is not what i need. Plus - it's right near the end of the limit before it goes up in price, so wouldn't be surprised if I get a court summons for non payment.

    Pretty big flaw in their website and the woman on the phone was no help at all...

    Can you still put a shower hat over your bike plate?
    Back in the day it was an offence for wardens to remove it as it was seen as tampering with your bike....or so I was led to believe
  • phone bexley parking services on 020 3045 3000 and follow up by email to parking.services@bexley.gov.uk

    I got a parking ticket the other day at one of those new bays where you have to register the car and then text to pay, I accidently sent the text to a number with 1 too many digits and got a ticket, sent them a screen shot of the text and an explanation and it was wiped straight away.

    Edit: whilst Granpa's email is great and the way we'd all want to go, Uboat's suggestion is far more likely to get a sympathetic response, go this route first
  • Don't park illegally, it ain't rocket science!
  • Actually, it is even more confusing than rocket science. There are whole swathes of London where it is illegal to park anywhere without some kind of permit. My work is mobile and I am always put in a situation where if I don`t park "illegally" then I can`t park at all.

    Every single day without fail I will have problems trying to carry out my job due to the "parking laws" in London.

    There are thousands or residential streets that have plenty of empty parking spaces but without residents permit it is illegal to park anywhere and no pay and display system. This is devised for one reason only and that is to catch people out!

    Parking in London is a racket that employs a hell of a lot of people and there they must take huge amounts of money through fines etc to be able to sustain it!


  • Can you still put a shower hat over your bike plate?
    Back in the day it was an offence for wardens to remove it as it was seen as tampering with your bike....or so I was led to believe

    All the more annoying that I was caught by a poxy cctv operator.

    Worth checking whether the amounts had just been "reserved" on your account as opposed to actually being taken.

    When a card transaction begins, one of the early steps is to check that the funds are available and freeze them - subject to all the security PIN and stuff being OK.

    You may find the 2 transactions just disappear from your account in a few days.

    That's what the woman in TH seemed to think had happened; however, the bank said that they had been taken. I don't know why they wouldn't be able to be taken - i have the money in my account.

  • Olster, get a letter from the bank sent over today explaining how much to whom and when the payment happened.
    Get that over to TH and get a refund from them and notice that the account is settled.

    Best bit after that you can then use the distance selling act to get the payment returned to your account via the bank (due to no payment receipt being provided) and you have a settled ticket from TH and the money back.

    All legally correct (as they have put you in this situation) however morally you might feel about it.

    Can I just say morally I think that parking in a dangerous way or causing an obstruction to other road users is wrong. But being done for every little thing that you can be by a TW is even more so.

    I am still fighting our ticket.

    Cheers, I need to wait a few days for the transactions to show on my online statements, then get them over to TH.

  • Whats your bank account details mate and I'll check it
  • Nightmare parking tickets where i live you need a permit i have one but there is not enough room for all the permit holders cars so we park at the end of the row where people can get round, there is no other parking within 10 minutes walk and both tickets recently have been on returning after charlton games when space is limited. A ticket at 11.05 and 11.23pm is purely money making the gits
  • Parking attendant done the same to me, my daughter was 11 and I popped in coop to get her a cake on way home. There is a raised part of the road so it is nigh on the same level as curb. My tyre was apparently about 1cm overlapping the curb hence 'parked on public footway' no yellow lines, or anything. This is bearing in mind i consideratly thought about not parking on a bend as it would have blocked the road for other road users. I came out literallly within 2minuted and see a ticket and my daugter pointing to this grinning bitch all locked up in her van. I asked her why and she ignored me i then went mad at her her and all she done was grinned i started punching her window and was glad it didn't go through in the end as I was fckin irate and god knows what I would have done.
    Pond life scum, hope it was true what I wished on her.
    Expensive cake.
  • Shag said:

    Whats your bank account details mate and I'll check it

    Pm'd you. thanks for the help.

  • olster said:

    That's what the woman in TH seemed to think had happened; however, the bank said that they had been taken. I don't know why they wouldn't be able to be taken - i have the money in my account.

    Technical glitch usually. The fact that the bank says the money has been "taken" (it probably hasn't, Valiantphil is right, it's just been held for payment) means that they could connect to your account OK, but there's lots of other stuff that happens after the initial authorisation, and if it takes too long to complete, the transaction fails but doesn't necessarily remove the hold on your money.

    Best thing to do is email the Council today (put the ticket ref in the subject line) and say you attempted payment today using your card, and it appears that the payment has been authorised twice but you have not received any receipt, and are concerned that it's not gone through correctly causing you to incur additional charges.

    Ask them to put the case on hold until this query has been resolved, and request that they contact their merchant services provider to confirm
    1) what the authorisation codes of any payment attempts made on the card around the time you tried to pay were
    2) whether their system will actually be able to claim the money from your account and pass it to the council - if not, the council's system wil still show you as not having paid.
    You will need to give them the last 4 digits of your card number, the expiry date and the approximate time (say a 1hr slot) you attempted to pay.

    If the payment has authorised but there's been a glitch on the system that means they can't claim the money, the "hold" that the authorisation puts on the funds in your account should eventually expire, but it can take ages, depending on who your card issuer is. If they confirm in writing that they can't claim the money, then you can pass that info on to the bank and request they remove the hold from the funds so you can make the payment again.

    Sadly this is not an uncommon problem, so they _should_ be able to get an answer for you but it might take a couple of days depending on how complicated their supplier relationships are. Whatever you do, DON'T follow Strasburger's advice about the distance selling act, as what'll probably happen is the card company will claim the money back off the council, the council will trace the original payment, and start pursuing you for payment again in a few months.
  • Surely if you've paid twice in error you just ask your bank to recall one of the payments, no need to involve TH at all?
  • All these parking fines are a racket, clearly. I'm amazed to read here that one cannot claim that they went to get change for a parking ticket when for some reason it's only car park machines that are unable to give change or accept notes/card payment. Although it is always the council's default position that you must be lying when appealing, so I shouldn't be too surprised. They don't want to give up their extorted extra cash easily do they?
  • @aliwibble.

    many thanks; i'll send an email.

  • Surely if you've paid twice in error you just ask your bank to recall one of the payments, no need to involve TH at all?

    bank said they couldn't do that...

  • aliwibble said:

    olster said:

    That's what the woman in TH seemed to think had happened; however, the bank said that they had been taken. I don't know why they wouldn't be able to be taken - i have the money in my account.

    Whatever you do, DON'T follow Strasburger's advice about the distance selling act, as what'll probably happen is the card company will claim the money back off the council, the council will trace the original payment, and start pursuing you for payment again in a few months.
    Fair comment. I have used it many times directly with online merchants to get money back when things go wrong or not as described (work related 99% of the time) and have never yet had to call the card provider to follow it through as they almost always refund the same day.

    I have never used it in this type of situation and can see if they audit to that level it could well come back and bite you later down the line.
  • olster said:

    Surely if you've paid twice in error you just ask your bank to recall one of the payments, no need to involve TH at all?

    bank said they couldn't do that...
    I assume you paid using a Visa debit card not a credit card?
    If so, your bank are telling you fibs. Trouble is none of their staff (deliberate policy maybe) are trained to be aware of the Visa chargeback scheme. If you have not received goods or services (a parking fine counts as a service) that you have paid for they are obliged by their codes to refund you. Ask to speak to someone competent.
    This is what the BBC has to say, but there's plenty of other stuff about it online. http://news.bbc.co.uk/1/hi/programmes/working_lunch/7347146.stm


  • Contact the British Parking Association on 01444 447300

    whatastate.org.uk/car-parking-penalties has good advice and letter templates
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