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A driver is celebrating after winning a landmark parking victory in Bolton.
Tracey's victory is revealed in The Bolton News
And Tracey Pilkington's triumph could mean thousands of other parking fines are invalid, a campaigner for motorists claimed yesterday Miss Pilkington argued a ticket, slapped on her car because it was parked over the line of a parking bay, was invalid because a sign at the car park was worded incorrectly.
It said vehicles "must park within a parking space" - but did not explicitly state they must be "wholly" within an allotted bay.
Miss Pilkington, aged 40, took her appeal to the National Parking Adjudication Service and won.
She was represented by her father-in-law, Barry Moss, who is a self-taught expert in parking laws and appeals.
Mr Moss, a 60-year-old retired roofer, said: "This decision not only has implications in Bolton, but the rest of the country. I believe the council is now duty-bound to pay back all fines of this nature that it has issued."
Miss Pilkington parked her car, a Vauxhall Tigra, at the Topp Way car park in Bolton on December 20 last year. She was given a ticket because her front wheel was around five inches over the parking space line.
She appealed against the fine, but was told by Bolton Council she must pay-up. Mr Moss stepped in and launched the appeal.
Giving his verdict, parking adjudicator Stephen Knapp said that cars must park within the lines of a bay to "impose some discipline in the parking of vehicles to ensure maximum use of the parking spaces within the parking place."
But he added there was insufficient indication on signs of the requirement for every wheel of the vehicle to be parked wholly within the bay.
He upheld Miss Pilkiington's appeal.
Miss Pilkington, a mother of four from Park Road, Westhoughton, said: "I couldn't understand why I had been given a ticket. I had paid my fee and was back in time, so I was annoyed and confused "When Barry looked into it, it emerged it was because I had parked over the line.
"If I had known it would lead to a ticket I would have been a bit more careful, but the car park was pretty empty and I wasn't obstructing anyone."
Mr Moss, of Hindley Road, Daisy Hill, now believes a majority, if not all signs at off-street car parks in Bolton are "non compliant" with the law and that Bolton Council is not legally permitted to fine motorists until they are changed. He also believes there are hundreds of motorists who have been illegally fined and is urging them to mount retrospective challenges.
Bolton Council has said it will review the car park signs as a result of the appeal decision, but it says the adjudication does not mean past or future tickets issued are illegal.
A spokesman said: "This adjudication does not make parking enforcement in Bolton illegal and there is certainly no reference to this anywhere in the decision.
"It is the council's view that each case is judged on its own facts and the council has been successful on a previous occasion when parking outside the bay was adjudicated upon."
In 2005 over eight million parking tickets, worth a collective £1.16 billion were issued in the UK, according to the Financial Times. But despite the statistics, nationally only one per cent of issued tickets were challenged.
In Bolton, parking wardens earned more than £1 million for the council by issuing nearly 45,000 tickets between April, 2006, and May, 2007 The £60 fines are reduced to £30 if paid within two weeks.
Horwich Allstars, Horwich says...
04/07/07
xipetotec46, bmoss@ntlworld.com says...
04/07/07
Horwich Allstars wrote:if you read my reply it is about an unlawful sign not parking over a line, it was the act of parking over the line that highlighted the fact that Bolton Council have been unlawfully issuing penalty Charge Notices since 2001 and since the adjudication was published the Council have committed a criminal offence everytime they issue a PCN in a car park that still has the non compliant wording on the sign. there is no excuse for personal abuse she is not a numpty.
So those of us who are able to park correctly are going to suffer, as numpties like this are able to park across the lines with no recourse. If they want tow bays maybe they should pay for two bays. Maybe she should take the money that she would have had to pay for her parking fine, and purchase a new pair of glasses to enable her to see the lines more clearly. "If i'd know it would lead to a ticket I would have been a bit more careful" - how about being careful in order to consider the impact on other parkers, not just the impact on your wallet
Ian, Bolton says...
04/07/07
xipetotec46 wrote:No but if YOU DO PARK OVER THE LINE and YOU ARE A DISABLED DRIVER and HAVE RECEIVED A TICKET.
Quote..."It is the council's view that each case is judged on its own facts and the council has been successful on a previous occasion when parking outside the bay was adjudicated upon."
The adjudication was not about parking over the line It was about a missing word on a sign which made the sign unlawful therefore none compliant if the sign was unlawful then the contravention did not occur, anyone wanting to claim restitution and they need advice contact me on parkingcharges@ntlwo
rld.com or use the other email address.
Sheila, Bolton says...
04/07/07
quote
xipetotec46, bmoss@ntlworld.com says...
04/07/07
xipetotec46, bmoss@ntlworld.com says...
04/07/07
Horwich Allstars, Horwich says...
04/07/07
soup, Bolton says...
04/07/07
emma, bolton says...
04/07/07
Sheila wrote:Sheila, everytime i read one of your comments I cringe. Would just like to point out Miss Superior that 30 pounds when you have 4 children is alot of money, especially when it's for something that has been clearly proven as illegal! It is not as though she parked and didnt purchase a valid ticket or parked sideways across 2 bays without a ticket. It was one wheel 5 inches over. And also Sheila, how on earth can you seriously say that someone is not fit to drive just because of one mistake whilst parking? Pathetic comment.If thats the case then the question you should be asking is how can Bolton council run a town when they can't even word their signs correctly .
If this woman cannot park within the markings she should not be driving in the first place.She deserved the fine, it`s not that much. Don`t be such a mardy.quote
Bill1, Lancs says...
04/07/07
jimbobob, halliwell says...
04/07/07
chasuzi, says...
04/07/07
Ian wrote:Sorry Ian that is not the case. I, in a similar position had to pay the fine despite being disabled and not causing an obstruction(in fact the bay I infringed was taken by recycling recepticles) The Gent who is entitled to his money back was not infringing on another bay but legally parked in a bay that was blatantly too small to accomodate any car,
xipetotec46 wrote: Quote..."It is the council's view that each case is judged on its own facts and the council has been successful on a previous occasion when parking outside the bay was adjudicated upon." The adjudication was not about parking over the line It was about a missing word on a sign which made the sign unlawful therefore none compliant if the sign was unlawful then the contravention did not occur, anyone wanting to claim restitution and they need advice contact me on parkingcharges@ntlwo rld.com or use the other email address.No but if YOU DO PARK OVER THE LINE and YOU ARE A DISABLED DRIVER and HAVE RECEIVED A TICKET. YOU ARE ENTITLED TO YOU MONEY BACK.
Be Serious, Kearsley says...
04/07/07
xipetotec46, bmoss@ntlworld.com says...
04/07/07
DW190, Bolton says...
04/07/07
jimbobob, halliwell says...
04/07/07
xipetotec46 wrote:well done xipetotec pity more people are not showing this council up for what they realy stand for theft and corruption keep up the fight
Today I have just been to every council Pay and Display car park in Bolton Town Centre inner car park system and every sign is unlawful. to the uninitiated this means that Bolton council have been stealing money from motorists who may have committed a minor contravent like the Lady I spoker to today who has to pay £95 because she was 4 minutes late getting back to her car because she happened to stop and comfort an elderly lady who had fallen in the street. did the Council accept her Mitigating circumstances absolutely not the, penalty charge had reached charge certificate stage just one step away from bailiffs, and this was because Bolton Council committed a criminal act by issuing her with a penalty charge notice, I will now give her free advice on how to claim the £95 back plus interest plus damages and to the Horwich Allstars I am retired I do this for fun I am a crusader against Rip off Britain, it costs me money to bring this appeal over £400 so far, it was to highlight the unlawful activities the Council have been getting away with and sheila, I hope you never receive a Penalty Charge Notice because I would like to see the Mardy look on your face, if you received a PCN tomorrow knowing what you know now that it cannot be enforced would you still pay the £30, I think not troublw with folk like sheila is they never put themselves in the other person shoes and take a step back and think, the engage their mouth before putting their brains into gear.
michaellucy, westhoughton says...
04/07/07
Ian, Bolton says...
05/07/07
chasuzi wrote:Sorry But it is the case.
Ian wrote:Sorry Ian that is not the case. I, in a similar position had to pay the fine despite being disabled and not causing an obstruction(in fact the bay I infringed was taken by recycling recepticles) The Gent who is entitled to his money back was not infringing on another bay but legally parked in a bay that was blatantly too small to accomodate any car,
xipetotec46 wrote: Quote..."It is the council's view that each case is judged on its own facts and the council has been successful on a previous occasion when parking outside the bay was adjudicated upon." The adjudication was not about parking over the line It was about a missing word on a sign which made the sign unlawful therefore none compliant if the sign was unlawful then the contravention did not occur, anyone wanting to claim restitution and they need advice contact me on parkingcharges@ntlwo rld.com or use the other email address.No but if YOU DO PARK OVER THE LINE and YOU ARE A DISABLED DRIVER and HAVE RECEIVED A TICKET. YOU ARE ENTITLED TO YOU MONEY BACK.
xipetotec46, bmoss@ntlworld.com says...
05/07/07
DW190, Bolton says...
06/07/07
xipetotec46 wrote:Appeal to the council at the NtO stage and you will get a Notice of rejection which will probably not conform to the mandatory requirements of the RTA.
My SIL received a PCN last month for not having a valid P&D ticket, Informal representations were of course rejected by the Council so it is now at NTO stage I will appeal this PCN to NPAS on the basis that she was not informed anywhere within the car park either in the entrance or on a P&D machine that she would receive a PCN if she caused a contravention by not displaying a P&D ticket
wayne, wycombe says...
14/07/07
KevinJ, Bolton says...
03/09/07
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xipetotec46, bmoss@ntlworld.com says...
04/07/07
The adjudication was not about parking over the line It was about a missing word on a sign which made the sign unlawful therefore none compliant if the sign was unlawful then the contravention did not occur, anyone wanting to claim restitution and they need advice contact me on parkingcharges@ntlwo
rld.com or use the other email address.