14/06/2024

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How to Gather Evidence to Successfully Contest Parking Tickets

How to Gather Evidence to Successfully Contest Parking Tickets

Successfully contesting an incorrectly issued parking ticket depends upon your ability to gather evidence compelling enough to nullify it.

It is a myth that Council’s adopt a bone-headed approach to parking ticket appeals, rarely upholding them. Infact records show that almost 70% of appeals are upheld by councils across the United Kingdom.

But what evidence is required to successfully support a challenge against a Parking Ticket or Penalty Charge Notice?

It largely depends upon the reason why it is being challenged.

The reasons can be broadly categorized under the following headings.

  • Incorrect Lines and Signs
  • Loading/Unloading taking place
  • Meters/Ticket machines out of order and valid permits or tickets displayed.
  • Vehicle position

The type of evidence required when contesting tickets under any of these categories have been explained under each category below.

Gathering Incorrect Lines and Signs ·Evidence

  • Record an accurate description of the nature of any defect. This could be a broken or badly faded yellow line, a defaced, defective or incorrect sign. ·
  • Take a picture of the defect remembering to time and date the image.·
  • Always use an on-street reference point to identify the location of the defect. Choose an outside or opposite number to help identify the location. Such as opposite number 20 or outside number 30. A building name could also be used such as outside Nando’s or opposite Burger King.·
  • If practical, collect witness statements from other members of the public in the vicinity·
  • Another useful technique is to request any other parking attendant in the vicinity to log details of the alleged defect or incorrect sign or line and also record or register the complaint. Take the number of any enforcement officer or parking attendant who records such evidence if he or she was not the one who issued the ticket.
  • Lines must be clear legible and marked in accordance with the Traffic Signs Regulations and General Directions 2002 (TSRGD).
  • All bays (except motor cycle bays) must be accompanied by upright signs or time plates specifying the nature of the bay sited in accordance to the relevant standards

Gathering Evidence on faulty Meters and Pay and display machines

  • Record the machine numbers of the relevant pay and display machine if a ticket was issued on a faulty appliance.
  • Check the time on the pay and display machine which should be accurate. Inaccurate time on the machine would lead to inaccurate time registered on the tickets it dispenses
  • Ensure the pay and display machines serving the bay were working at the time of the infringement. Parking on out of order pay and display machines is permitted provided valid pay and display tickets are purchased from other nearby machines.
  • If disputing a ticket issued on an out of order meter, a picture of the exact reading of the meter should be taken·
  • If a pay and display ticket was purchased and displayed but a parking ticket issued, probably because the pay and display ticket could not be seen by the enforcement officer, it should be kept in a safe place by the motorist and a copy (not the original) sent as part of an appeal to the local authority.

Gathering Evidence of Loading and Unloading

  • The most self evident and substantial proof of loading or unloading will be invoices, paper work etc. This should be dated and timed and should clearly show the activity taking place during the period the parking ticket or penalty charge notice was issued ·
  • While not conclusive, signed witness statements are also of immense help when proving you were loading/unloading at the time of the contravention.
  • If there are any signs permitting loading at the location, record the position of these signs on the road using an appropriate outside or opposite number and if possible taking a picture (timed and dated of the sign).

Gathering Evidence on Vehicle Position

  • Some of the more controversial contraventions tend to be those dealing with the exact position of a vehicle on the highway – contravention code 61 and 62 dealing with footway parking, code 26 and 27 on crossover and double parking and code 24 issued to vehicles parked outside the markings of a bay.
  • Always take a picture. If you’re disputing a contravention applied to your vehicle for parking in a wrong position – either on the footway or over a cross over. Always take a timed and dated picture that should include the key details including wheel position and vehicle registration
  • For a penalty applied for parking outside the bay markings – there should be some form of clear daylight between the wheels and the bay markings
  • A parking ticket issued for parking outside the bay markings cannot be issued outside the operation all hours of the bay – check the upright sign or Controlled parking zone time plate.