Help and advice on residents parking in UK

[the_count]

Hi, can anyone advise me on this matter please.
I live close to a football ground and we have a residents parking area although there is actually no sign on my road but there is on the road leading to it.
I have just had a fixed penaly parking fine stuck on my car outside my own house because i dont have a sticker displayed, i had one on my old car which i recently sold but forgot to take it off and never got a new one as we dont actually have a parking problem, and you never see wardens down my street.

There is a phone number on ticket for my local council (stockport) where i can challenge this and also in writing, they also try the usual bully tactics of offering a 50% "discount" if i pay within 28 days !

Can i legally be fined for parking my taxed and insured vehicle outside my own home ? does this residents parking overide the normal law or something ?
Or is arguing the fact i actually live there the best way forward.

Sorry for all the questions, and thanks in advance for any advice

[Ian2day]

I suspect that the use of the word reasonable will be used.

Is it unreasonable to expect that you can park outside your own home. Er, no.
So is it reasonable for the LA to find you guilty and fine you in your absence. Er, no.
So are the LA acting unreasonable in this matter. Er, yes.
So if the way that they are conducting themselves is unreasonable. Do you have to compley. Er, no!!!
In a fair and just society there is reasonable procedures. Such as the issuing of a warning before any punitive action such as the issuing of a fine is taken. Did they warn you in advance of the issuing of a fine for parking outside your own home? Also no warning signs on the road would mean that you could not be aware of any aforementioned parking restrictions. Which is a brach of the road traffic act. However if you're a Freeman then it can not be enforced I expect. As it is impeading you from free travel etc

[yozhik]

Watch the latest John Harris video; he has a very interesting (and amusing) way of dealing with Fixed Penalty Notices :D

It's two hours of video, but well worth it.
You'll find it in this thread.
http://www.davidicke.com/forum/showthread.php?t=57596

.

[moggy]

Hi,


If I were you I would not pay this ticket based on the information you have posted on this topic. They cannot ticket you if there is no signs on your road saying you need a permit, having a sign on the road leading up to your home is not enough.

Firstly it is a good idea to go and see your local trading standards office and they will advise on what to do.

Read this article: http://www.thisismoney.co.uk/consumer/savingideas/article.html?in_article_id=425551&in_page_id=512


So many people have been issued with these kind of tickets and won their case. These tickets are just the councils way of bullying and frightning money out of people.

[witmeister]

Hi there, I'm no legal expert, and I can't offer legal advice etc...etc...if you choose to go down this path then that's your choice etc....etc...

If you've checked the obvious things on the PCN (date, car reg no etc...and all seem correct then you may want to give this a whirl)?

Here is what I did in response to a recent PCN issued by a Local Council (which as we know is basically a private run-for-profit company). I am still waiting an initial response yet, so must stress that this is a yet untested/unproven, but I'm looking forward to seeing how they react!

1) Send them a "Notice" (make sure you put something along the lines of "Notice of Request for Clarification" in bold type, so it is obvious that this is a NOTICE)
2) say that you will pay them if they produce evidence in proof of their claim
3) ask for copies of the Traffic Order covering the place where the alleged contravention took place.
4) ask for a BILL. Tell them it is not possible to pay a NOTICE, but you will pay BILL. Tell them that the bill MUST BE SIGNED by someone in their organisation.
5) ask for proof of a legal order granting them permission to cover and enforce within the prescribed Civil Enforcement Area (under the Traffic Management Act) And/Or proof of a legal order granting permission to cover and enforce (under the Road Traffic Act). Basically who said that they have authority to go around slapping tickets on anything stood still in order to extract money out of people? (Obviously don't phrase it like that!)
6) DO NOT DISPUTE ANYTHING. This is exactly what they want. Be polite and firm and simply ask for the information, but do not start disputing or arguing about anything.
7) In your Notice give them a definate deadline when you must have received the information by....I tend to give them 7days.

The chances of them providing ALL the information within 7days is very slim indeed. They will probably send you a letter along the lines of "we need more time etc...etc.."

Tell them that if they choose not to comply with the terms of your Notice (ie give you proof within 7days) then they will receive a "Notice of Unconditional Discharge" at which point the matter will be closed as agreed by both parties.

If after 7 days you don't receive ALL the information you requested (but only get a letter asking for "more time") then send them a "Notice of Unconditional Discharge" and tell them the matter is closed.

I also send them a FEE SCHEDULE when I issue a Discharge Notice detailing exactly what they will be billed per hour (or part thereof) for ANY time I spend in dealing with the matter from that point forward. I include dealing with emails, letters, researching, attending hearings/court, seeing legal advice etc....be creative, treat it as a serious business contract. I also make it quite clear in the "Discharge" Notice that should they fail to pay a bill that they become liable for under my FEE SCHEDULE then I will not hesitate to start court proceedings which may result in a Judgement being registered against them.

Keep copies, send via recorded delivery etc....

I would strongly advise watching the Rob Menard + John James Harris videos online to get a better understanding of things. Both do things differently, but it just goes to show that there are many different approaches you can take.

As I say, this is not THE way to do it, but just the way I havwe chosen.

OR, as John Harris says, just pay them and forget about it!

Good Luck.