Businessman WINS two-year legal battle to overturn £350 fine as he urges drivers to challenge parking penalties
Mark Morgan-Gunn's parking ticket was dismissed by Nottingham Court Court, who ruled the council failed to use 'common sense'
A BUSINESSMAN has urged drivers to appeal against unfair parking tickets after winning a two-year legal battle.
Mark Morgan-Gunn was initially slapped with a £50 fine in June 2017 after leaving his van in a free parking zone.
The driver even displayed a free one-hour ticket on the dashboard, but said it blew out of sight as he shut the door.
Morgan-Gunn had parked up in the Club Row car park in Ilkeston while running a short errand, but found a Penalty Charge Notice (PCN) stuck to his windscreen after returning to his vehicle just 20 minutes later.
The 36-year-old had unsuccessfully appealed to Erewash Borough Council numerous times in the 12 months following, resulting in late charges which saw the penalty skyrocket to £350.
But a civil court has now overturned the fine, dismissing the council's demand for payment.
During initial appeals, a representative from the council said there had been "various communications" about the incident, and the case had been passed to their Collection Agents to recover the outstanding amount.
Motorists are required to display a ticket in the car park, even if parking free of charge for less than an hour, with anyone who doesn't show a ticket eligible for a fine.
Mr Morgan-Gunn, who runs Food 2 U and Hemp HQ in Ilkeston, : “I put the ticket on the dashboard but as I closed the door, it blew the ticket to the passenger side of the dashboard where it was virtually out of sight - I didn’t see this happen.
“I showed it to the officer and he said he agreed with me that I had shown a ticket and that he could support the appeal I made."
Despite including the ticket in his original appeal clearly showing the same time as the PCN, Erewash authorities maintained the fine should be paid.
But the Nottingham County Court judge hearing the case said council representatives should have "used more common sense" when assessing the issue.
TOP GEAR How do I appeal against an unfair parking fine and win?
Mr Morgan-Gunn told : "I urge everyone to challenge these in these situations as those in power will certainly put pressure on the general public and most pay through a fear of reprimand.
"I simply challenged the parking ticket at every stage until I was referred to a county court judge for an independent review to appeal my out of time extension that allows me a right of appeal.
"Appeal forms were rejected twice, firstly as illegible due to a W looking too much like an M - and secondly for not putting 'I wish to appeal before a county judge'.
"Had (the council officer) accepted my appeal and supporting evidence in the first instance none of this would have needed to get that far.
“The judge put it all down to a lack of transparent communications between departments.”
More parking peeves and fines
In January, a driver was slapped with a £158 parking fine when his valid permit was covered by pigeon poo.
And a mum was given a hefty £260 penalty for using a parents parking space without taking her kids out of the car.
Another unlucky motorist entered their registration incorrectly on a parking machine and racked up £300 in fines.