Driver avoids parking penalty after being fined for taking too long to pay online – here’s how to challenge a ticket
A UK driver has avoided paying a parking fine after he was accused of taking too long to pay for a ticket.
Andrew Lockley, of Milton Keynes, was shocked when he received a penalty charge notice in the mail after leaving his motor in a car park in St Austell, Cornwall.
A few days earlier, Andrew had paid for his ticket through the Just Park app on his mobile phone.
But there was a 20-minute delay before the transaction was completed, due to a poor connection with the local WiFi.
Despite successfully paying for his ticket, Cornwall Council said he had taken too long to complete the process and hit him with a fine.
Andrew then appealed against the charge, but the council knocked it back as the ticket must have been purchased when "first parking".
Reasons to appeal a parking ticket
A ticket may be deemed unfair by the council or an independent adjudicator, if:
- Signs were wrong. If the signs weren’t visible or gave the wrong information.
- The traffic warden got it wrong. E.g, if they gave you a ticket when they shouldn’t have.
- An error on the letter or ticket. If they’ve left out any information on the ‘Notice to Owner’ letter, then you could get it waived.
- You didn’t own the vehicle at the time. You’ll have to prove this, such as information you provided to the DVLA.
- Your car was stolen. If a thief parked the car illegally then you can get it waived
After taking his case to the Traffic Penalty Tribunal, he won his appeal and avoided forking out for the fine.
He said after the trial: "I'm sure many other people have been caught out this way, as you cannot possibly register and buy a ticket in the five minutes they allow.
"The council want to fine everyone they can. They deliberately don't leave enough time to pay for parking. It's a scam.
'That's basically how an extortion racket works. But the only way to beat bullies is to stand up to them, and that's what I've done."
If you also need to appeal a fine, follow these steps to give yourself the best chance of being successful.
Before writing to the council, gather as much as evidence such as photos, receipts and tickets to help build a strong argument.
Drivers have avoided paying a parking fine as the signs were unclear or hidden by a tree.
You can even lodge an application if there was an error made by the traffic warden.
Generally, most parking inspectors won't issue you with a fine if you arrive back to your motor 10 minutes after the ticket expires.
So you may be able to appeal if a warden has been excessively strict.
If you do plan on challenging, don't pay the parking fine as you're effectively admitting fault and it will much more difficult to get your money back.
more parking rules and fines
It's also important to take note of the formal appeal process required by the council.
Some councils will let you appeal online, while others will ask for a written application.
Finally, if you your first appeal is unsuccessful, you can pass on your complaint to a higher governing body like the Traffic Penalty Tribunal.
Earlier this week, we revealed that you've got a one in three chance of having a private parking charge cancelled.