Parking Fines – Should You Appeal Against It?

September 23, 2011 | Author: | Posted in Criminal Law
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In recent times the parking tickets issued has seen a four times increase which means 1 motorist out of every ten is going to be ticketed. And what with the financial crisis all around, the government is also thinking on the lines of doubling the parking fine amounts. One often tends to wonder whether all these are done for road safety and effective traffic flow.

The responsibility of enforcing parking regulations was shifted to the local councils from the police during 200-2001. Likewise the parking tickets issued during that time was 794,851 which went up in later years to as high as 3,402,860 in 2005, a record increase of 19% from that of 2004. People usually consider this to be a mere instrument in the hands of the local council to earn some extra income rather than for road safety purposes.

Maximum parking tickets were issued by Birmingham with 176,382 tickets followed by the towns of Brighton & Hove, Manchester, Liverpool, and Nottingham who gave out 160,018, 136,005, 92,642 and 75,350 parking tickets respectively. The National Parking Adjudication Service is the body who deal with appeals from motorists and they say that councils should stop playing “fast and loose” with the legal restrictions on tickets.

NPAs handle the appeal process after it has exhausted at the local council level.

There is a 100% chance of you winning the appeal in 2006. 57% of all appeals won their cases to the NPAs with the help of parking ticket appeal service.

Local Councils have the authority to enforce parking restrictions in an area under them and increase the fine amounts. This “decriminalised parking” was facilitated by the Traffic Act of 1991 after which the parking fines have seen a steady rise over the years as has the ruthlessness and deviousness of the councils and the traffic wardens. There are even stories of cars having double lines painted underneath having to pay parking fines.

Some morally unaccepted practices include wardens giving parking tickets to motorists who have gone to collect change for paying for their tickets. Unquestionably it an unacceptable moral code of conduct for which NPAs have criticized the councils

What would happen most probably is that an unlucky motorist will get stuck behind a fumbling and indecisive driver in front of a pay and display machine and will end up getting a ticket. If even a bit of common sense is used, the poor motorist can be exempted from this fine.

Many councils are even of the opinion that the exact change required should be present on all the motorists entering a car park. Hence, it is safe to state that one can expect a parking ticket under any circumstances.

The best way forward in such situations is via the path of appeal. Never think that the councils are right since they blindly apply parking restrictions. Only motorist appeals can restrict them in their continuous harassment of poor motorists.

Always remember that the traffic wardens are also under tremendous pressure to issue as many parking tickets as possible. Hence most of the times they give out tickets without any legal basis, which increases your chances of winning your appeal all the more.

Many do not appeal since they think they have to write an extremely long and complicated appeal letter. But in reality, your appeal letter should be short, simple and basic which would cancel any parking ticket. There exists various websites and other agencies that help you in this by providing samples and templates for the same.

Firstly, you need to draft an appeal letter in short and simple paragraphs that comes across in a polite manner without having any rude words or too much technical terms. Write your message in short and simple paragraphs that are easy to read and understand. Start by stating that you have been ticketed wrongly in your introductory para with your justifications following in the later ones.

Some reasons you can use in this regard are – say that your car was stolen, someone else was driving your car, there wasn’t enough parking information on the streets or that you suffered a breakdown. Whatever it is, remember that if you can provide photographic evidence, then nothing like it.

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