I was fined for picking up a kebab so I took on the council and WON thanks to a technicality that you can use too
A MAN who was fined for picking up a kebab took on the council and won thanks to a technicality.
Edward Moore was fined for parking up outside Hala Lebanese takeaway on Wokingham Road in Reading.
He left his wife inside the car while he popped into the takeaway to pick up a kebab.
Two weeks later he received a notice from Reading Borough Council (RBC) for 'stopping on a red route or clearway'.
Mr Moore said: "Surely stopping off on the road or the pavement is allowed, especially when trying to park?
" I submitted my representation that there has been a 'procedural impropriety' when interpreting the photo, that I'm not on a red route.”
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However RBC responded to Mr Moore, informing him that the area was subject to a "No Stopping Restriction" and "this was clearly
indicated by the double red lines marked on the roadside."
The local authority informed him that "the public have a right of way
on foot over this section of the Highway and therefore the PCN was correctly issued."
Mr Moore and his wife appealed to the Traffic Penalty Tribunal to try and reverse the decision, despite risking a £70 if he lost.
Crucially, Mr Moore pointed out that there were marked parking spaces on the pavement.
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Around a week later the local authority said they would not challenge the appeal. Mr Moore said: "The council lost, we won,”
How to appeal a private parking ticket
Many drivers dread parking tickets but they are steps you can take if you are unlucky.
You need to go to the company issuing the notice in the first place - this should be on the notice or ticket you get.
This could be from a private car parking firm, supermarket or other firm, but not the council or police (we've got more on how to appeal those below).
You'll need to tell them you're challenging the fine and why, showing any evidence if you have it. According to Popla this could be:
A crime reference number if the vehicle was stolen
Photographs, for instance if you think that the signage was inadequate
Pay and display voucher, for example, if you say it was displayed and had not expired
A witness statement
Your evidence can be images, videos or scanned documents but make sure they are copies as originals can't be returned.
You can use a template from Citizen's Advice to write to them.
You can take the claim to Popla if the company is part of a trade body called the British Parking Association (BPA).
If the company is part of the International Parking Community (IPC) you can appeal to the Independent Appeals Service.
Both of these are independent services. Unfortunately if the company is not part of these bodies you can't use the schemes.
You'll need the number from your original parking notice and your car registration number.
While you appeal, the parking operator may add additional fees for later payment as the notice is not suspended during this time.
These are the most common reasons for appealing:
The car was stolen
The car wasn't improperly parked as stated in the parking notice
The amount being charged is incorrect
Extreme circumstances prevented you from complying with parking conditions, for instance a medical emergency or car breakdown
If you are successful you won't have to pay the fine. If you're not successful you will have to pay, and this could include late charges too.
A spokesperson for Reading Borough Council said: " We would also emphasise the red lines on a designated red route apply from the centre of the carriageway to the edge of the property."
The spokesperson added: "this includes pavements and verges, which is additionally stipulated in the Highway Code.”