The Guardian

How to challenge paying that fine … and win

The number of tickets is soaring to 31,000 a day, so act now if you think yours is unfair,

writes Jess Clark

The number of parking tickets issued by private companies has hit a record high. An analysis of Driver and Vehicle Licensing Agency (DVLA) data by the PA news agency shows the number of parking tickets soared by 24% in the second half of 2022 to 5.7m – an average of 31,000 every day. What can you do if you think you have been given an unfair ticket?

Check the ticket

First, establish whether the fine is from an organisation such as a local council, or a private company. The consumer and motoring disputes expert Scott Dixon claims tickets often “look identical”, to “deliberately to confuse motorists”.

Wording can help work it out. A penalty charge notice (PCN) or fixed-penalty notice (FPN) mean it is an “official” fine. This will have a different appeals procedure to a private firm which will issue a “parking charge notice”.

Respond quickly

Regardless of which kind of ticket, it is important to take action.

Councils will typically offer a reduced fine if you pay within 14 days. If you appeal, and this is unsuccessful, you should still be able to pay the lower amount.

Don’t think fines from a private firm can be treated less seriously and may not have to be paid. If you ignore the fine, it could be passed to a debt collection agency.

Make sure it’s correct

Ensure the details on the ticket are correct, as it could be void if there is a mistake. For example, check the location and time match with where you parked.

Gather evidence

Provide as much as possible. This could include anything with a time stamp, such as a receipt from your shopping, a work log or photographs. If you get back to your car and find you have been given a ticket, take photos of signs and road markings.

Councils should also consider mitigating circumstances. For example, if you had to attend a hospital appointment which ran over, meaning you were late back to your car. Record any evidence, as this will form part of your appeal. The next best thing would be witness statements.

The appeal process

If it’s a PCN, write to the council within 14 days of being ticketed to make an informal appeal, explaining why you think the fine should be cancelled.

If it accepts, it will be cancelled. However, if rejected, you will be sent a letter and a form called a notice to owner. Now you have to decide whether to pay the fine at the reduced 50% rate, or you have 28 days in which to make a formal appeal. If this is unsuccessful, you will receive a notice of rejection.

The final tool is to challenge the decision at an independent tribunal. This will be different for a private parking company.

According to Citizens Advice, if the firm isn’t a member of an accredited trade association, then don’t contact them unless they write to you first. Only accredited members can get your name and address from the DVLA – if a firm is not a member, it won’t be able to contact you.

Money

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2023-03-25T07:00:00.0000000Z

2023-03-25T07:00:00.0000000Z

https://guardian.pressreader.com/article/282260964712539

Guardian/Observer