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steveo3002
hello all new user here

we got a council issued ticket today at a free car park , the parking is free for 3 hours provided you display the free ticket from the machine

seems it must have blew off the dash as theyre not sticky backed

we have the ticket and wish to appeal , can anyone give me some pointers on a well worded letter to resolve this

happened in sudbury , suffolk

thank you
Incandescent
Much depends on how rapacious and venal the council are in these 'fluttering tickets" cases, because a contravention has occurred even though you have paid the correct parking fee. I would draw your attention to the Statutory Guidance 2008: -

QUOTE
6. Where the Guidance says that something must be done, this means that it is
a requirement in either primary or secondary legislation, and a footnote gives
the appropriate provision. In all other instances, section 87 of the TMA
stipulates that local authorities must have regard to the information
contained in this Guidance.

85. An authority has a discretionary power to cancel a PCN at any point
throughout the CPE process. It can do this even when an undoubted
contravention has occurred if the authority deems it to be appropriate in the
circumstances of the case. Under general principles of public law, authorities
have a duty to act fairly and proportionately58 and are encouraged to exercise
discretion sensibly and reasonably and with due regard to the public interest.


Bogsy on here has an elegant piece of text for use in such circumstances. However, if they refuse an appeal it is very difficult to get it overturned at adjudication other than they have not had regard to the Statutory Guidance.
steveo3002
is it likley they would have photo'd the dash ?

would i best to say along the lines of heres the ticket i did have one and not mention it blowing off the dash

where do i find bogsys text for this ? need to get something sent soon , is email fine for this ? they have a appeals@ address on the back of the ticket
Chaseman
QUOTE (steveo3002 @ Tue, 18 Feb 2014 - 20:29) *
is it likley they would have photo'd the dash ?

would i best to say along the lines of heres the ticket i did have one and not mention it blowing off the dash

where do i find bogsys text for this ? need to get something sent soon , is email fine for this ? they have a appeals@ address on the back of the ticket


Just put "fluttering ticket" into the search box and it should come up. It worked for my sister when she displayed the ticket face down by mistake.
steveo3002
does the bogsy text apply to non paid for tickets ?

i dont understand a word of the quoted bit in post #2 , just dont want to start quoting things and make myself look a fool
hcandersen
...don't want to "make myself look a fool"...

...then post the PCN and pl don't try and resolve this by firing-off questions.

We appear to know that you were parked without displaying a valid ticket and that you were served with a PCN. We don't know when, but you imply that time is against you.

So, what arguments can be used as a defence?

We don't know, because we don't know enough facts.
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