Lewes Parking Successful Appeals

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Parking tickets get overturned all the time, who knew?

Ticket slipped off the dashboard

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I was given a parking penalty charge notice (PCN) one day when my ticket slipped out of view behind my dashboard whilst parked in the Pinwell Road car park.

I contested the PCN and elected to attend a tribunal with an independent adjudicator held in Rottingdean.

The adjudicator upheld my appeal, but not for the reasons I had expected. It seems that due to the way that the rotten Tories at East Sussex Country Council (or possibly the administrators of the evil Lewes parking scheme, NSL) have worded the terms and conditions it is enough to have displayed the ticket in the first place. Whether it stays in view or not does not matter!

Here's what the adjudicator wrote:

"The Council says The Appellant should have checked before leaving the vehicle. Hindsight will no doubt dictate such future conduct. It seeks a strict interpretation of the requirement to display a ticket. It is of course entitled to so do. However in providing such a close examination it is evident that there is simply on the wording selected and used only a requirement to "display".

Having satisfied that requirement there is nothing within the Article cited (or to which I am referred) that imposes a continuing obligation for the ticket to remain clearly displayed through out the period of parking. In deed the definition for "relevant position" is silent both as to such an obligation as well as the way in which the ticket should be displayed for example so that the ticket’s particulars are readily visible.

In seeking to interpret the TRO it is not appropriate that I insert words that have been omitted or considered unnecessary in order to prosecute the Council's position.

I am satisfied and find that The Appellant displayed a ticket. Having fulfilled that condition it was immaterial that the ticket slipped behind the black strip at the apex of the windscreen and dash board. I find the requirements for parking in place were not contravened."

So basically as it stands now (20/10/2012) if you have displayed the ticket and it blows away, slips down the heater etc. you can successfully appeal your ticket.

 

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