Parking Fine - No proof

[milly143]

We've received a notice to owner from Islington council in relation to one of our vans. Firstly, although this is the first thing I have heard from them, it appears to be a reminder or second letter as they are asking for the full £120 when they usally offer a 50% discount. Anyway, the notice says the fine is for "parked in a restricted street during prescribed hours". It has 3 photos enclosed, 2 of the van driving down the street and one of a set of yellow lines. It's just the yellow lines, nothing is parked on them. So there is no photographic evidence that the offence took place. If I appeal it, do the council have a leg to stand on? Surely they would need to prove the van was parked on the double yellow lines?

[woofgang]

Are you SURE its a genuine letter?

[milly143]

Yeah, I'm sure. To be honest, I'm used to these letters. But this ones got my goat.

[north star]

So you appeal on the grounds that 'the contravention did not occur'.

Best advice here

http://forums.pepipoo...64dfc2a5&showforum=30

[The-HouseHusband]

I would not hesitate in pushing this one to an appeal, from what you have described then the council have not got a leg to stand on.

It is more than likely one of the enforcement officers hoping to hit his targets (sorry they are not given targets to obtain are they!!!!!) and thinking that a member of the public will just pay up because they can not be bothered with the hassle of appealing.

[factor-fiction]

Did you park there?
If not then obviously you should challenge it. But if you did park there maybe they do have further evidence.

[DTCwordfan]

What did your driver say? Was she/he absconding if the van was supposed to be there? Amazing what that invisible ink can do in photography!

[milly143]

From what he said it seems he had been parked there but saw the traffic warden coming and scarpered. If they had proof that he had parked there, wouldn't they have included this with the photos they already sent?

[wilkesneil]

i have seen a scam like this on watchdog a few months ago, most people believe the fines to be genuine and even used the police battenburg patterning and local authorities badges but aren't legal companies.
if there isn't photographic evidence of the offence then i'd question it and even seek legal advice.
i'm sure they take a photo of your vehicle n the yellow's as proof so the fine can't be overturned.

[DTCwordfan]

I would start by asking the Council - there are scams around.......and this maybe one.

[factor-fiction]

...it's worth checking with the council, although milly143 seems used to receiving these letters and so would probably know whether it seems genuine or not.

Are there times on the two photohraphs of the van? Maybe they can show the van entered the street at say 2pm and drove out at say 5pm so unless your driver drove reaaly slowly then he must have parked up at some point.

[milly143]

Thanks for the answers. I'm 100% sure it isn't a scam as the website and contact details check out and of course the driver remember the incident.

There are times on the photos Factor. The first picture of the van driving down the road is time stamped 07.34 and the second where the rear of the van is only just visible (it was very dark as it was in January) is stamped at 07.35. Can't remember now (as I'm at home) if there were seconds indicted on the time so it could have just been a few seconds apart. The picture showing the yellow lines is 07.36.

I have appealed it this afternoon and also pointed out to them that it's not great practice to leave it over a month before (it happened on 18th Jan) before we receive any notification.