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67,000 drivers win challenges against unfair parking tickets
David Williams, Motoring Editor1 Feb 2008
Almost half of a council's parking fines that were challenged by drivers ended up being cancelled.
Campaigners claimed the admission by Westminster proved it was using traffic wardens to raise revenue by issuing "unfair" tickets and demanded an investigation.
The council cancelled 67,000 of the 159,000 tickets challenged by drivers in one year, a proportion of 42 per cent.
Figures obtained by the Evening Standard show a similar pattern among other central London councils.
Lambeth cancelled nearly 40 per cent of fines that were the subject of complaints. Camden quashed nearly a third and the City of London nearly a quarter.
The figures all relate to tickets "informally" challenged by drivers before any independent appeal.
In addition, motorists won 68 per cent of the 56,350 formal appeals lodged with the Parking and Traffic Appeals Service in the year to the end of last July after their initial complaints failed.
Campaigner Paul Pearson, of penaltychargenotice.co.uk, said: "This proves that countless tickets are being issued incorrectly and parking attendants are trying it on. They are being cancelled by councils because when they are examined they do not stand up. It is a scandal.
"These figures only represent those motorists who bothered to challenge faulty tickets. Many simply pay up because they haven't got time to complain or they assume - wrongly - that they were at fault."
Mr Pearson added: "These figures also show that tickets are being issued in the name of revenue.
"The time has come for central Government to take back all revenue from parking fines as they do from speed camera fines. The level of fines should also be investigated."
The AA estimated that about half of the tickets that were challenged had been issued unfairly.
Paul Watters, head of roads and transport policy, said: "The other half were where the councils, rightly, decided to exercise their discretion. Westminster wants to be a good enforcement authority and cancelling tickets that are complained about is one way to achieve this.
"We would far rather see councils quashing a ticket early on than pushing the motorist to a formal appeal which can be a lengthy, stressful procedure."
Councils approached by the Standard said "discretion" and "common sense" played a major role in their decisionmaking processes."
Westminster said the cancelled tickets represented less than eight per cent of the 840,000 issued in total, "clearly demonstrating the competency of our parking attendants".
Danny Chalkley, cabinet member for economic development and transport, said: "We remain committed to our firm but fair approach to parking enforcement and motorists are welcome to challenge parking tickets straight away."
Reader views (8)
I was issued a ticket after six years of regular parking in an area where, a traffic warden had told me that I could park there as I was not parked on double yellow lines. A new parking warden then started issuing tickets to all who parked there as it was a restricted area. I appealed immediately and I am currently at the stage in the 28 days before the "notice to owner" is issued. Apparently there are now new laws which came into effect as of April. The area I was parked was in front of a disused car park and I was not obstructing the flow of the traffic. There is no sense of logic to the tickets other than revenue is such circumstances.
- Barbara Dodds, Bolton, England, 29/05/2008 07:34
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Legalised mugging! As one of your readers said, these companies should have to pay the owners compensation. Who else can cause so much stress and blanantly lie and get off scott-free. They are only accountable to their shareholders, nobody should profit from enforcing the law! The whole system is designed for abuse.
- Terry Hudson, Herne Bay, Kent, 04/02/2008 21:30
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The answer to this is simple. If a ticket is appealed successfully, the council pays the driver the amount of the fine. Councils issue loads of dodgy tickets because they lose nothing by doing so.
- Moz, London, 01/02/2008 18:13
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I have today just received an 'Order for Recovery of Unpaid Penalty Charges' with respect to a parking ticket issued on 18 September 2007. When I received the first notice I sent my notice of appeal as the parking bay notice was missing, which I have a photograph of. I then received a second notice which I queried by telephone , was told they had not received the first appeal, wrote again with a copy of earlier correspondence but again no acknowledgement. In order to deal with the new notice I have to go to the time and expense of having a Commissioner of Oaths witness my statement.
There is no telephone number to contact to see if they have your documentation and they make everything so difficult eventually they hope you will give up and pay
- Neil Mcclure, London, England, 01/02/2008 15:25
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Good - next step is to link the incorrectly issued tickets to the relevant traffic warden. Those wardens with a high proportion of incorrectly issued tickets should be 'retrained' or dismissed, as they are clearly incapable of doing their jobs.
Tracey - first step for you is to request a copy of this photographic proof, as this will allow you to understand the case against you - if they are unable to supply it, then they have no case.
- Ben P, London, UK, 01/02/2008 15:11
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ALWAYS demand photographic evidence of ANY driving charge. Firstly it reduces their profit margin substantially, secondly, they are often plain wrong, and thirdly, there is a large number of cloned number plates on the roads, directly caused by these revenue raising methods. NEVER just roll over, take the FULL 28 days on each occasion when responding - more time wasted, more cost to them, less incentive.
- Michael Llewellyn, Bridgetown, Barbados, 01/02/2008 14:52
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I am a Blue Badge holder & Westminster delayed the issue of a White Badge to me for 18 weeks. that meant about 80 parking tickets. Now it's due for renewal & so far I've waited 10 weeks for a new badge & got another 15 tickets. Westminster's Head of Parking Services, Mr Kevin Goad has failed to reply to over 100 of my letters, many recorded & addressed personally. Also I get ticketed even when displaying valid permits which cannot be justified by Westminster Parking Services.
I've even been accused of being parked in a road that I had not parked in & the Parking attendants photos proved that, but Parking Services will not listen, & say I have not proved my case. They won't even investigate. , only Money grabbing actions. Let Councillor Chalkley answer these accusations & tell me about the fair parking policy in Westminster. Obviously he does not know what's happening in his area.
- Terry Mchugh, southend on Sea UK, 01/02/2008 14:34
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I have received through the post tickets claiming I drove in a bus lane in Highgate - I'm pretty sure that I did not do this; or if I strayed into the lane it was a momentary error or maybe avoiding something or someone. I'm not sure how to defend myself here against the Council because they say they have photographic evidence of my guilt!
- Tracey Proudlock, London, 01/02/2008 13:48
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