Claim Back Those Parking Tickets

[kite]

Ooh Im hurt

nah im not bothered about claiming mine back, I only had two ever anyway, and one remains unpaid

[Billy One Mate]

I just got booked for parking on double yellows. They cross out on the ticket where it says Parking Controller and write in blue ink TRAFFIC WARDEN. Im framing it.

[Broadcaster]

Declan,

Why would the refund of parking tickets that were issued contary to the law affect Council services ??

[Declan]

Sorry, it seems I'm in error. I thought that the Council ran the Parking Controllers and received that funds (must have been thinking of what goes on in England). Judging by the IOM Today report though, it's the Department of Home Affairs. So it's the tax-payer not the rate payer who'll have to foot the bill.

[Broadcaster]

Yep,

The DHA employ the Parking Controllers / Traffic Wardens & all fines are collected by the General Registry at the Court and then the money goes into general revenue.

 

Whilst this may seem unfare for any refunds to be met by the Tax payer, the DHA are to blame as they failed to apply the law correctly. If you read the relevant legislation it was very clear that the Parking Controllers were acting behond their powers, however it was not their fault but that of their employers.

[Declan]

Is the infraction just that they were called Parking Controller, when the act states Traffic Warden?

 

If so that is a minor technicality that has no bearing on the issue of whether offending cars were parked illegally or not. It's just a lawyer's wriggle and I don't see why public funds should be used to subsidise inconsiderate, illegaly parked car-drivers.

[Sasha]

Spot the guy holding a Provisional.

[Declan]

I don't even hold a provisional.

 

However, the fact remains, the money to repay these fines has to come from public funds.

 

The fines were handed out to people who broke the law (ok, not a particularly serious law but the law none-the-less) and the reason the fines may be repaid is a stupid administrative error. That can't be right.

[Broadcaster]

The relevant road traffic acts has distinct roles for Parking Controllers, who are only allowed to issue fixed penalty fines for excess parking in car pars and Traffic Wardens who have many a varied powers, yellow lines, car tax etc.

 

The fact still remains that whether a person was parked on yellow lines makes no difference - the Parking Controller DID NOT have the power to issue a ticket and that is the issue not the offence.

 

It was not simply a stupid administrative error it was a failure to apply the law correctly, if you take the view that any mistake made by the "powers to be" is just an administative error then you run the risk of Governments altering the law as and when and claiming "its a misunderstanding".

[Observer]

"You broke the law!"

 

Declan's alter ego.........

[Declan]

The relevant road traffic acts has distinct roles for Parking Controllers, who are only allowed to issue fixed penalty fines for excess parking in car pars and Traffic Wardens who have many a varied powers, yellow lines, car tax etc.

 

The fact still remains that whether a person was parked on yellow lines makes no difference - the Parking Controller DID NOT have the power to issue a ticket and that is the issue not the offence.

 

It was not simply a stupid administrative error it was a failure to apply the law correctly, if you take the view that any mistake made by the "powers to be" is just an administative error then you run the risk of Governments altering the law as and when and claiming "its a misunderstanding".

<{POST_SNAPBACK}>

 

But that has no bearing on the key point. People were parked illegally, they got fined. And are expecting a refund on a technicality. It's greed, it's unjust and it stinks.

[Rhumsaa]

I have a parking ticket despite paying and displaying.... my fine is in the hands of some manager in the most obscure dodgy place in Port Security

 

I'd rather make use of this loop hole than trust them

[Sasha]

The key point is that the fines were issued by someone with no power to impose a fine.

I's akin to me slapping a fine on an anorac-and-thick-stripey-jumper-wearing, sandal-clad, bus-riding train-spotter with a combover for crimes against fashion and decency.

 

Much as I would love to, I simply don't have the authority.

[happy camper]

It annoys me that people who seem to think they can park wherever they like can now apply to get their fines repaid.

Whoever did the legislation needs a kicking.

[Tee]

if I was to park in a disc zone without displaying a disc, then claim I shouldn't get a ticket due to not reading what it said would that be enough to get me off not paying? simple answer is no.

 

So why should anyone be made to be pay for something because the powers that be made a mistake? Rules are there for a reason and if people act outside of them then they must face consequences and in this case its issuing tickets without the authority to.