Official asks councils to show common sense over parking tickets

Caroline Sheppard, chief adjudicator of the Traffic Penalty Tribunal, has suggested that motorists who are given parking tickets for petty breaches of the rules should be let off if they appeal against the penalties.

The Telegraph has today reported that the Chief Adjudicator of the Traffic Penalty Tribunal, Caroline Sheppard, has criticised local authorities’ “zero tolerance” approach to minor parking infringements.

Mrs Sheppard has apparently complained that motorists were being punished for leaving one wheel over the white line of a car park bay, or failing to display their pay-and-display ticket correctly.

In such cases, drivers whose penalties were upheld on appeal to town halls have subsequently had them overturned by the tribunal. In many cases councils were found to be failing in their statutory duty to give proper consideration to representations made by motorists contesting penalties, or to evidence offered in mitigation, and as such failed properly to exercise their discretion. Motorists have therefore been urged to appeal against penalties if they think they have been dealt with unfairly or illegally.

Mrs Sheppard’s comments follow concern that motorists’ letters of explanation to town halls were often dismissed with a standard response letter of one or two lines, in which many councils had taken the view that it was fairer to reject all representations, rather than ‘let off’ people who made representations.

The Adjudicator also expressed disappointment that the tribunal was still being asked to determine appeals against penalties issued on streets where road signs were misleading and confusing.

About the Traffic Penalty Tribunal

The Traffic Penalty Tribunal decides appeals against parking penalties issued by Civil Enforcement Authorities in England (outside London) and Wales and against bus lane penalties issued by Civil Enforcement Authorities in England (outside London).

The Traffic Penalty Tribunal is the final stage of appeal for motorists or vehicle owners against a penalty issued by a council in England (outside London) and Wales. As such, before an appeal can be made it is essential to have been through all the preliminary stages of challenge directly with the penalty-issuing authority.

Nonetheless everyone has the right to appeal to the Traffic Penalty Tribunal against a penalty charge notices they consider has been issued to them incorrectly. The appeal must be made on formal grounds – or reasons – for example on the basis that the contravention did not occur, or there was a procedural impropriety by the council.

The Tribunal received 12,423 submissions last year, an increase of 11 per cent on the previous year’s figure.

Of cases decided by the tribunal, 34 per cent were won by the motorist because the council did not contest the case and a further 28 per cent were decided in favour of the motorist after the adjudicator considered and rejected the council’s arguments, meaning that 62 per cent of all appeals were successful.

Keepmedriving

If you are considering an appeal against a parking ticket, you can contact keepmedriving for free, no obligation preliminary advice.

As part of Richard Nelson LLP, keepmedriving has access to a wide resource of legal and technical expertise and can assist with you with any issue which should arise.

by Oliver Sainter