Ben Webster, Transport Correspondent
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Money central: Ten craziest parking tickets of all time
Drivers will be given the benefit of the doubt in disputes over parking tickets that arrive by post, The Times has learnt.
Caroline Sheppard, the chief adjudicator of the new traffic penalties coming into force tomorrow, intends the move to be seen as a tilt towards motorists in their continuing battle with local authorities over parking.
As part of this shift, drivers will also be given new rights to appeal against parking tickets.
Ms Sheppard said that she was determined to ensure that councils could not ride roughshod over the rights of car drivers. She said that motorists would also be able to have their appeals heard by telephone instead of attending a hearing, in a move designed to encourage more drivers to challenge their tickets. The eight million drivers who receive parking tickets each year needed to be aware of their rights to challenge “unfair” penalties, she said.
More than 60 per cent of appeals are successful but many drivers do not realise that they have the right to have their case decided by an independent adjudicator.
Ms Sheppard, chief adjudicator of the new Traffic Penalty Tribunal, said that many motorists were understandably concerned about councils’ new powers, coming into force today, to issue tickets by post.She said that drivers might not receive the ticket until two weeks after the alleged offence was committed and might have lost the opportunity to gather evidence with which to defend themselves.
The new law is designed to allow parking wardens, which are being renamed civil enforcement officers, to issue tickets which they had not finished writing before the motorist drove off. But motoring groups fear that councils will use the power to raise extra revenue. They already receive more than £1 billion a year in parking penalties and fees.
Ms Sheppard said: “What the public fear is that the warden will be a long way off and will merely jot down their registration number. But the adjudicator will require councils to have a very high standard of evidence.”
She said that wardens would be expected to have a photograph of the tax disc or the disc number to prove that they had not been hiding up the street. They would also be required to give a description of the driver to prove that they were close to the vehicle.
Drivers receiving tickets by post will also not be expected to have kept evidence that they were legally parked, such as pay and display tickets or a shop receipt to show they were loading.
“When balancing up the weight of evidence, the adjudicator will give due account to the fact that the motorist only heard of the penalty some time after the incident and therefore may not have had the opportunity to preserve the evidence. “Drivers’ own explanation of what happened will carry a lot of weight.”
From today councils across England will also gain the right to use CCTV to detect offences on roads where parking is banned. Councils in London already have this power.
Ms Sheppard said that trials of telephone appeals had shown they were very popular with drivers, who could fit them in during lunch breaks or take part from home.
The driver dials in to a conference call which includes the adjudicator, a council parking official and any witnesses for the driver.
The tribunal will accept photographs and videos taken by drivers, who can also elect for appeals to be held in their home towns if they want to appear in person. Ms Sheppard said: “If you get a ticket in Brighton but live in London, we can arrange for the hearing to take place in London.” An online appeals service will be launched later this year. Adjudicators gain extra powers from today to allow an appeal if the council has not followed the correct procedure and can also refer a case back to the council if it “has not taken proper account of compelling reasons”.
Councillor David Sparks, transport spokesman for the Local Government Association, said: “Everyone hates congestion and delays to their journey and the new regulations will help councils deliver more effective parking management to improve traffic flow and make the roads safer for everybody. The introduction of postal penalty notices will allow local authorities to clamp down on the minority of unscrupulous motorists who flout parking regulations by driving off while a notice is being issued.”
More than 200 councils have funded a new website, www.patrol-uk.info, which explains parking rules and the enforcement process and advises drivers on how to challenge a ticket. The Traffic Penalty Tribunal has made a series of online videos that illustrate ways of appealing against fines.
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Merton council were something else. Out of 5 tickets, only 1 was legitimate. Countless hours wasted writing letters to them. These new changes are very welcome.
Also, can somebody explain the logic behind clamping. Surely this just hinders traffic flow for longer.
Ricky, London, UK
Motorist is an easy target to fund Labours tax policies. This is just another example to force us on Trade Union managed public transport system.
steve tea, manchester, cheshire
This is a MAJOR step in the use of CCTV (ie. where it is used beyond it's original purpose of controlling anti-social behaviour and more serious crime). It will not be confined to just parking in the future, parking is just the start, the possibilities are endless. To ease this change in, with the least amount of fuss, the powers that be have put in place generous 'get out of jail free cards' for just that reason.The naive public with their 'if you dont break the rules, you have nothing to worry about' philosophy will swallow this as confirming their view. More new regulations, covering more and more diverse situations, will be 'drip fed' over time so you wont even realise that your freedom is being curtailed. When you do realise, it will be too late.
It's all about power and money, nothing else!
winstonian, Darlington, UK
S Smith makes a very good point. Why all the fuss about parking tickets being a source of revenue? It all depends what the council does with the revenue. Provided it helps to fund the services the council is there to provide - and particularly if it goes towards improving conditions for pedestrians, cyclists and public transport users - that seems fine to me. Most of the parking restrictions are, in any case, in cities and suburbs where are car is often not essential and where there are public transport alternatives. If you must use a car in the city, just take care where you park.
Barry, Wallington, UK
Councils are going the way of the clamping brigade, legalised robbery!
Like all politicians local councils have an insatiable appetite for money and see parking fees and fines as an easy option. Finding new ways of widening the net and raising the charges keeps lots of those bureaucrats busy.
In my small town they recently got rid of the very few daytime 30 minute free parking bays and charge for evening parking in nearly empty car parks 24*7. Then they complain that people go to out of town supermarkets instead of the local shops and no-one uses the local council sports and other facilities in the evenings. Talk about joined up government..........
Alan, Fleet, Hants
Recently, have noticed that in Westminster - the parking wardens are quite sneaky
It seems more like stealth collecting of income.
I have noted:
- now actually are not in a proper uniform. I saw 2 wardens "taking a break" and they are not even wearing the same uniform.
- some do not wear their caps so you cannot easily see them. Even though they are carrying them.
- they ticket you from a distance (or around a corner) and then come up to take a picture - you receive a claim via the post.
Eugene L., London,
To Mike Brandt in London - yes, council's will issue tickets for drivers stopping for passengers, but these tickets are illegally issued and will not stand up to scrutiny. As per section 6(f) of the London Local Authorities Act 2000, drivers may stop 'for so long as necessary for the purpose of enabling persons to board or alight from the vehicle'. Of course councils will issue misleading information in their rejections eg. 'picking up is where a vehicle slows to a stop and immediately drives away' - this is just their biased interpretation designed to reduce the number of appeals.
And of course there is a major incentive for councils to issue tickets no matter how insubstantial the grounds, they rely on drivers apathy, we must _stand up_ and and _challenge_ this _abuse_.
Peter, London,
S.SMith wrote: "If a restriction is well signposted, serves to improve traffic flow and is properly enforced then how is this a bad thing? "
That is the thing, so many times I have seen 'wardens' skulking around half empty carparks and side streets looking for easy stings. They do little keep traffic moving where I live!
Revenue raisers that all they are!
Mike, Kent, UK
David Leslie, it is the policy of many councils not to contest disputed penalties and as such a large number of motorists avoid legitimate fines. Other cases fail due to insufficient evidence. The new measures are aimed at proving beyond doubt that the parking offence has been committed.
If a restriction is well signposted, serves to improve traffic flow and is properly enforced then how is this a bad thing?
S Smith, Loughton, Bucks
Even if the adjudicator is 'supposed' to act in favour of the motorist, there is still an automatic assumption of guilt, and the motorist has to do all the work to prove they are innocent. How about compensating the motorist for inappropriatly issued tickets at the same level of the fines. That might focus the councils' attention a bit!!
Cliff, London, UK
I am a doctor who visits patients for emergencies. I display my health emergency parking badge in my car, but invariably I get parking tickets from traffic wardens. This is symptomatic of how councils try to raise revenue from motorists.
Bill, London, UK
Another way of generating extra revenue. A ticket will arrive by post "threatening" action if not paid within certain time. How many of us have the courage to fight the powers that be? We will mostly pay up and get on with our lives. Its a cynical and uncaring government that treats its citizens in such a way.
Hamad Lone, London, England
Rhetoric from Ms Sheppard, She is toothless as the rest
Mark, Yorkshire,
Is local democracy dead in the UK?
MarkS, Leeds,
Legally, there is a difference between parking and stopping, even waiting. The former is leaving the vehicles empty or with no driver present. The others are where the driver is present letting someone out or if the driver is present but waiting for someone usually outside a shop and that should be deemed as parking because the main aim is to prevent the blocking or restriction of traffic causing a danger to road-users including pedestrians wishing to cross if in a normally safe area.
Paying for parking in legal bays or car parks is a motoring cost and this
has to be accepted as such. Otherwise use a bus or a taxi, or walk/cycle or use a moped. But illegal parking is a curse and if you play by the rules should not be a problem for good drivers. If you do not agree with the rules, write to the correct representative to get them changed. That is democracy. Otherwise obey the rules as they are there for your safety as well.
B J Deller, Marbella, Spain
Fantastic News, More Law's to make our lives Crap. The new task of Western Governments is to Tax and Take and don't Participate. These individuals are above our laws. I can't see any politicians suffering as they swan about at Tax payers Expense in Taxi's and Grace and Favour Limo's. When will the People of this country Wake up and stop watching the nightly diet of Brain numbing rubbish that steals their ability to ACT.
Mark, Gateshead, UK
Don't believe a word about the rights of motorists. They will be milked at every opportunity by local and national government and the speed obsessed police force.
John, Lincoln,
well said everyone - don't the councils realise that we are not so thick we can see through their money making scemes masquarading as "for the public benefit"
We should all wear tee shirts that read THE CAR OWNER IS A CASH COW
Jenny, Bournemouth, Dorset
Parking rules are not always 'so simple' to follow and often vary from each different borough. Signs and payments can be very confusing even for fairly switched on people (I pity the older and not so aware members of the public).
Yet councils still quite happily dismiss any 'valid' disputes and carry on doling out their hugely out of proportion parking fines which most people just pay and accept.
It might make things a little better if this money was put to good use - like subsidising public transport.
Billy Bop, London, UK
What is most ludicrous is what now actually constitutes a parking violation.
In Ealing and other London boroughs, you can now receive a ticket should a passenger alight from your car in the vicinity of a station.
You can even be sitting in stationary traffic and be issued a ticket as an open car door is 'evidence' of being parked.
Local people are not winning their appeals on this factor either.
And, like many speed cameras, the signage is as discreet as permittable.
It's all very well councils talking about enforcement being about congestion busting but with TfL reducing road widths and drop-off zones being closed for 'security reasons' how does that help?
Car sharing and utilising a vehicle is common sense relief for the overloaded public transport system and it seems perverse that people should get penalised for picking up or dropping someone off.
mike Brandt, london,
S Smith, the fact that so many appeals are won by motorists suggest that many people are not parking in restricted areas, running over time tec, but are acting perfectly legally. However, wardens have to issue a certain number of tickets, and councils aren't liable for damages if legal action is taken inappropriately. It is pretty much a one way street (no pun intended), which will get worse. After all, can you remember exactly what you were doing and where you were doing it two weeks ago?
David Leslie, Perth, Scotland
CEO? Gaulighter more like..
Fined if you do, fined if you don't, fined just in case.
Nigel Wroe, Doncaster, Yorkshire
If there was any serious intent in the comments about ensuring fairness in parking regulation then the regulations should include an option to fine councils who have been found wanting, or at least make available the facility to claim or sue for expences at least. Until this happens JOE PUBLIC WILL CONTINUE TO DESPISE THESE REVENUE RAISING OPERATIONS AND DESPISE THIS ADMINISTRATION FOR FACILITATING THIS AFRONT TO FAIRNESS.
David Nammory, Liverpol,
Parking restrictions are usually in place for a good reasons - to prevent ignorant drivers from blocking the flow of traffic or abusing the limited parking space available.
Of course councils raise money from fines - the more the better. I'd much rather selfish motorists fund the council than it coming out of my pocket.
If you don't want a fine then just follow the simple rules like everyone else.
S Smith, Loughton, Bucks
This is very good news.Recently I have experienced 2 extraordinary ticketing incidents which took weeks to sort out,both in my favour.Ealing reckoned I was illegally parked at a time when I was lunching in West Wilts! They insisted that my "red BMW" (I drive a green HONDA) was there.Actually I havn't been to Ealing for 35 years.Despite being given this info they prceeded to prosecute.I then discovered that they hadn't even checked with DVLC.I did.End of SIX weeks of unpleasantness and staggering bureaucratic incompetence I was exhausted. The other one with the RBK&C was even more incredible.I display a disabled badge when drivng my 84 year old mother.She was moving house.I parked opposite her house and confirmed that building works did not affect me with our local Police sergeant. You've guessed it,next day I find a ticket has been issued.No less than 2 of the Council's own Wardens confirmed that this was an error and that I was legally parked.Did this impress the parking authorities
EDWARD SYNGE, TISBURY, UK
What used to be a comparatively trivial item has morphed into a major revenue raiser for councils short of cash. It has spawned an Orwellian enforcement regime of wall to wall cameras, Automatic Number Plate Recognition, trial by post backed up with rocketing fines and penalties. Why not change the system by working out much the council could not raise in council tax and grants and then send every local motororist a bill for just having a car to cover the difference?
Ray Cobbett, Emsworth, Hants,
about time that they did away with all those money making kangaroo courts battening on hapless motorists who are guilty unless they can prove their innocence.
albert, miami florida, usa
All this bureacreacy after the fact is a waste of money and effort. I'm a van driver in London and all my 6 tickets issued in the last year have been successfully appealed. This suggests they shouldn't have been issued in the first place! - faulty signage, warden not recognizing when I was loading, use of a lay-by on a red route to en-trap, etc. They should spend more effort getting things right and only issue fair tickets in the first place.
Gary Mills, Buntingford, Herts
I have seen Kensington & Chelsea traffic wardens watch a woman park in the Kings Road and wait until she walked around the corner to place a ticket on the windscreen.
The idea that parking regulation is now about anything other than revenue is a joke.
Tom halpin, LondonUK,
..."the new regulations will help councils deliver more effective parking management to improve traffic flow and make the roads safer for everybody."
Let's just get that right shall we? It should of course read: "the new regulations will help councils raise more money."
Jordan Carver, Henley,
Civil enforcement officers!!!
What is happening here!
Why give a title with the word 'officer' in it!!??
It demeans the real meaning of the word and all those who are given it with justification.
Most of the people who do this job couldnt get a 'real' one anyway!!
What a nightmare this once great country has become!!
bruce, london, uk