Parking Ticket

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ALADDIN
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Parking Ticket

Postby ALADDIN » Sat Apr 05, 2014 1:49 pm

Yesterday, I was delivering flyers ( I had to have my GPS on, count the flyers, plan etc), I thought a road was linked.

There was a sign with text, above the speed limit, which probably states the rules. I did not see it because I have dyspraxia.

I will appeal against the ticket, showing my dyspraxia diagnosis, ASD (aspergers traits note).

I will photograph the sign, stating that a neuro-typical person could not see the sign.

What else can I do ?

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pouvik
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Re: Parking Ticket

Postby pouvik » Sat Apr 05, 2014 1:51 pm

As you have a license to drive your Dyspraxia would not be a suitable reason in your appeal of the ticket, you should seek professional advice instead of asking for advice on a community forum.

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Re: Parking Ticket

Postby ALADDIN » Sat Apr 05, 2014 3:41 pm

http://www.thisismoney.co.uk/money/cars/article-1708393/How-fight-parking-ticket.html

The signs weren't visible
This is a common complaint, and can prove a successful way to challenge your parking ticket. Councils must provide clear signs on each and every road entering an area where parking is restricted.
Once inside an area with parking restrictions, there is no obligation on the council to put signs next to every yellow line, unless there are restrictions on one particular road that are different from the rest of the restricted area.
All signs should be clearly visible and show the hours when the restrictions are in place. You should check all the roads entering the area where you received your ticket. Check that there are signs on both sides of the road, and that the signs are not too small, faded, or covered by branches. All these can be reasons to invalidate a parking ticket.
If the restriction is particular to one street, rather than a whole area, each yellow line should have a sign on every lamp post. If there is a gap of more than 60m between lamp posts, there should be a signpost.
All single and double yellow lines have to be continuous, unbroken and must end in a 'T-bar'. If there are breaks in the line, or the line does not end in a T-bar (except where the line is broken with other road markings), this can invalidate any ticket given anywhere on the line.
Where there are parking bays at the side of the road there must be signs every 30m along the road. There should also be signs within 5m of each end of the parking bays.
If you want to appeal your ticket on the grounds that signs were not visible or absent, you should take photos of the signs, or the lack of them, to support you argument.


Having dyspraxia makes life harder for driving, multitasking, perceptual organisation, working memory etc.

ALADDIN
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Re: Parking Ticket

Postby ALADDIN » Sat Apr 05, 2014 4:44 pm

The sign was above a 20 mile per hour sign.

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Re: Parking Ticket

Postby Jim » Sat Apr 05, 2014 5:39 pm

ALADDIN wrote:Having dyspraxia makes life harder for driving, multitasking, perceptual organisation, working memory etc.


Yes it does.

But I believe that you're on to a loser with trying to argue the Dyspraxia point against the parking ticket.

You're far better off trying to prove the lack of signage point.
Jim is back ... Jim is J i m and J i m is Jim.

Confused? I'd be.

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pouvik
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Re: Parking Ticket

Postby pouvik » Sat Apr 05, 2014 5:45 pm

You have already shown that you can read signs etc when you sat your test, so using your Dyspraxia to fight is not going to help you, Jim is right you need to contest the poor sign, also SEEK LEGAL COUNSEL!

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Re: Parking Ticket

Postby ALADDIN » Sat Apr 05, 2014 6:30 pm

I will argue that the signs are poor, but dyspraxia makes it harder to see the signs .

I have the photos.

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pouvik
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Re: Parking Ticket

Postby pouvik » Sat Apr 05, 2014 6:52 pm

dude I can assure you from dating lawyers and knowing lawyers the Dyspraxia aspect will be thrown out as you have demonstrated an understanding and knowledge of signs in your tests, you need to fight the poor signage as that is your strongest defence. Also seek professional advice.

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Re: Parking Ticket

Postby ALADDIN » Sat Apr 05, 2014 7:13 pm

I will get professional advice, but I am likely to say that the signs were poor, I want to use my dyspraxia. I have a diagnosis, 15 pages long.

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Re: Parking Ticket

Postby Tom fod » Sat Apr 05, 2014 10:34 pm

If you can prove the signage was not sufficiently clear or visible you might have a strong enough case to make a successful appeal.

What happens if your appeal is rejected? Fighting it and losing might cost more in the long run than simply paying promptly?

I very much doubt it would ever get that far but would you want your dyspraxia argued about in an open court, and your case reported in local/national press?
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Re: Parking Ticket

Postby ALADDIN » Sun Apr 06, 2014 11:26 am

I can certainly prove the signs were not clear. I could not see the signs, saying the car park was private.

The ticket was given by a Private Company not the Council. The appeal is only a letter.

Instruction is given by letter, it is not an open court.

1) I will say that the signs were not clear or

2) I will say that the signs were not clear and dyspraxia made it harder for me to understand that the signs were not clear. I will show my dyspraxia diagnosis.

1 option from the 2 above.

People say it is easy to win without mentioning dyspraxia.


http://www.which.co.uk/cars/driving/driving-advice/how-to-appeal-a-parking-ticket/parking-ticket-faqs/

Evidence could include:

receipt for sale, if you no longer own the vehicle
delivery details and documentation, if you're claiming exemption because you were loading or unloading goods, not parking
photographs (of signs or road markings, for example)
tax disc details, if you are claiming that a PCN parking ticket was never fixed to your vehicle
witness statements (for example, if you had stopped to attend an accident).
Whether your case is being examined at a postal or personal hearing, the local authority must send you a copy of its evidence at least three days before the hearing. If you're concerned that any evidence may not fully explain your case, you may request a personal hearing.

I was delivering flyers, but I got the road mixed up.

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Re: Parking Ticket

Postby Tom fod » Sun Apr 06, 2014 2:48 pm

Tom fod wrote:I very much doubt it would ever get that far, but would you want your dyspraxia argued about in an open court,
(Please note caveat in bold)

Ok so you're dealing with a private company.

The Which? advice you’ve quoted concerns appeals against a local authority PCN, so you’ll need to look at advice re penalty notices from private companies.

I believe the legal status of private parking companies and their fines is more open to question. Can you just ignore their notice? By writing a letter of appeal, are you also volunteering the information they need to pursue you? Once you’ve given them your name and address you’ve admitted to being there and they can send you letters threatening to take you to court to intimidate you into paying without you questioning their authority further.

A private company is less likely to be sympathetic to your personal circumstances and will merely say that had you seen their signs you would have been capable of reading and understanding them and that It’s your fault for failing to pay attention to their obscurely placed/worded signs.
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pouvik
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Re: Parking Ticket

Postby pouvik » Sun Apr 06, 2014 5:18 pm

yeh the rules against private tickets are very different read this:

http://www.moneysavingexpert.com/reclai ... ng-tickets

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Re: Parking Ticket

Postby ALADDIN » Sun Apr 06, 2014 8:25 pm

I think, I am now likely to ignore the ticket, can they get my details from the DVLA database ?

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pouvik
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Re: Parking Ticket

Postby pouvik » Sun Apr 06, 2014 8:42 pm

no as if its private its not a criminal case, but citizens advice can help


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