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Byline: Neil Shaw
The number of parking fines being issued across the UK is on therise - but according toMoney Saving Expertthe number of people appealingagainst their fines has fallen eight per cent year on year.
But the site, set up by Martin Lewis, says that 56 per cent ofpeople who do fight a parking ticket win - and don't have to payanything.
With fines running from anything between [pounds sterling]25 or[pounds sterling]100 - even higher in some cases - and the fact thatlaunching an appeal doesn't have to cost you anything - it is worthfighting.
Most councils will let you launch an informal appeal without thecost of the charge doubling.
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According toMoney Saving Expert, the first step is to identify yourticket - If it is called a Penalty Charge Notice, it is an officialparking fine from a local authority, transport body or the police. Itcould also be called a Fixed Penalty Notice or an Excess Charge Notice -if it is one of the latter it is a criminal ticket rather than civil andthe process is different.
If it is called a Parking Charge Notice - or something similar - itis most likely from a private company.
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In either case, if you're in the wrong - pay up. There areways to fight unfair tickets from both councils and companies but if theticket is fair, there is not much chance of winning.
When fighting a local authority Penalty Charge Notice, the nextstep is to gather evidence - take pictures of any signs, markings, bays,lines and if possible your car where it is parked.
Remember there is 10-minutes leeway if you're parked correctlyin a council space. Those rules came into force in 2015.
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Keep all correspondence and any ticket or receipt you have.
Keep any relevant evidence - if you broke down for example thenkeep any paperwork
If there are any witnesses - anyone who can corroborate your story- get their contact details and ask them to sign a statement detailingwhat they saw.
According toMoney Saving Expertyou should never pay a fine you planon appealing - paying a fine is an admission of liability.
When appealing, there are official grounds which set out the onlyreasons a ticket can be ruled unfair - and overturned.
They are - the signs were wrong, the council or warden got itwrong, the council made an error on the ticket or letter, the trafficrules are wrong, you didn't own the vehicle when the ticket wasissued, the warden had an opportunity to put a ticket on a vehicle butdecided to send a letter instead, your car was stolen, you wereovercharged.
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You can also claim mitigating circ*mstances, such as your car brokedown, you were attending an emergency, you were clearing an obstructionfrom the road, you were dropping off someone who is ill, you wererecently bereaved, you were going to a funeral or your ticket fell outof the window.
Next - launch the informal appeal. There should be an address oremail address on the ticket or letter. There may also be a form to fillin online.
Submit all the evidence you have gathered, stick to objecting onthe grounds set out above and include any mitigating evidence.
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Make sure to appeal with 14 days - or 21 days if your fine was sentby letter.
At this stage you should still only be liable to pay the half pricefine if you lose.
If your informal appeal fails, or you didn't appeal in timeyou can go to a formal appeal process - this is when your fine willdouble.
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Instead of just sending a letter or email there will now be a formto fill in. Include all your evidence, objections and mitigation again.
If this fails you will get a letter of rejection.
You can now go to an independent tribunal - the contact detailswill be sent with your rejection letter.
By this point, you will have lost the chance to pay half the fine -but there are no further costs associated with continuing.
You won't have to attend a hearing, but you can if you like,and you can also give evidence over the phone.
Again it will be a case of filling in a form, writing a letter andsending all your evidence and statements.
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If you lose, you'll have to pay the full fine - if you win,you pay nothing.
All of that relates to fines from a local authority - such as yourcouncil.
If you're dealing with a parking charge notice from a privatecompany- remember it is not a fine, it is an invoice.
Again gather all the evidence - pictures, statements, tickets,correspondence etc.
If the parking company is part of a trade body there are a fewsteps you can take.
Some say simply ignore the charge notice - but it is worth notingthat they can apply to the DVLA for your details and start proceedingsthat could result in solicitors letters, bailiffs and court dates - withspiralling costs.
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You could contact them and say you won't pay - it will then,again, be up to the company to decide if they want to pursue you throughthe courts.
The most 'legitimate' method is to follow the officialprocedure - starting by following the company's appeals procedurewhich will be set out on their notice.
Detail why you think you shouldn't pay and include anyevidence.
If this fails you can then appeal to the trade body the company isaffiliated to - which will mean either an appeal to Popla or theIndependent Appeals Service.
With both, and the company will have to tell you which to use, youcan appeal online or by post by filling in forms and sending all yourevidence.
Popla cancelled 52 per cent of the tickets it was referred andwhile the IPA doesn't publish figures 17 per cent of tickets werecancelled by the company that issued them when the case was referred.
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If you lose your appeal - you then have to decide whether you wantto pay. If you don't the company may take you to court. If you losehere you will have to pay the fine plus any costs, which could start atup to [pounds sterling]410 or more if a hearing is held.
Also, remember to contact the land owner - if you got a fine from aprivate company it may have been while you were parked at a hospital,shopping centre or something similar.
The land owner may simply have the fine cancelled for you.
If your ticket is an Excess Charge Notice from a council - theprocess is the same in terms of gathering all evidence and launching anappeal.
You will probably have to go straight to a formal appeal procedure,and if that fails you may be appeal to appeal to a more senior officerwithin the same local authority. If that fails, you can appeal to theombudsman - your council will be able to give you the correct contactdetails.
If you get a Fixed Penalty Notice from the police, it is likely youwill need to go to court to challenge it.
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Some forces allow an informal appeal, so check your letter orticket for details.
When you get your FPN, you have 28 days to pay, nominate anotherdriver or request a hearing at magistrates court.
If you want to go to court it is worth getting legal advice as ifyou lose you could end up having to pay court costs., Contact theCitizen's Advice Bureau if you are unsure.
You can find more details, addresses and template letters atMoneySaving Expert.
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