How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Morning I have years now known that my local council

Resolved Question:

Morning
I have for some years now known that my local council traffic wardens have been able to manipulate their hand held machines when issuing tickets so as to obtain a match on valve positions when a vehicle has left and returned to a location, I have even received a ticket on my vehicle stating an initial observation at a time when I was not even on the street. I have tried many, many times to get the council to look into this but unfortunately al I have received is rebuttle and an increase in fines.
Obviously I needed proof of my suspicions which I though t I had when I recently parked my vehicle on street for the allotted time then left for a period of two hours and returned, i received a ticket and in response to my email the council confirmed that my valve positions did indeed match! Clearly I knew this was not possible as I had moved the vehicle. I did then request cctv from the council of my vehicle to prove that it had indeed moved and hence would prove my two year long argument that the wardens machines were indeed able to be altered. I handed the cctv request along with cheque payment directly to reception at town hall with some 6 days clear to go prior to footage being deleted, some weeks later I received a letter stating that I was 'out of time' for the footage and hence my prove had vanished, I was suspicious that the request had simply been ignored as the council would not wish to incriminate itself as I am quite sure they are aware of my concerns being lodged with them, I did also note that the cheque had not even been banked showing, again, that the letter had not been acted upon. What can I do, I am now £1000 out of pocket on fines that I know were issued falsely..
I have discovered that a traffic warden in Barnsley has left his employment and won a tribunal where he stated that wardens can indeed manipulate time and dates on machines so as to issue tickets, exactly as I have been telling Calderdale Council for two years
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you know whether the CCTC exists or has been wiped?

Alex Watts :

Do you have any other evidence you went and came back, such as shop receipts etc?

Customer:

Hi

Customer:

cctv is usually deleted after 31 days which has now expired. I have twice supplied copies of receipts to the council to show that I was not in the area but they have been ignored

Alex Watts :

Did you ever appeal the PCN?

Alex Watts :

Ie after the Notice to Owner?

Customer:

I did, yes and lost as the adjudicator did not believe that a CEO (warden) would risk doing such a thing.

Alex Watts :

Ok, so you lost that. Did you ever further appeal?

Customer:

I'm really not sure as to where I could do that. I have repeatedly written to Parking Services regarding my suspicions and asked to speak to someone who could look into it but it ends there. Incidentally it is more than 1 ticket and on one particular occasion I received a ticket which stated an initial observation time when I was in Tesco and not even on the street, I wrote to Parking Services three times to question how the warden had managed an observation on a non existent vehicle and was and have never received an answer. Many thanks, ***** ***** v patient

Alex Watts :

What is it you want to ask me about this, now I understand the background?

Customer:

How do I go about proving that I know the tickets have been issued falsely and reclaiming any monies paid.

Alex Watts :

Do you have evidence though?

Customer:

No, the evidence that I was to rely on was the cctv that the council claim I had ran out of time for even though I had handed the request into their offices directly with 6 clear working days to go before deletion.

Customer:

Surely though I wouldn't request cctv of my car if I didn't know it was there.

Customer:

I did have a passenger in the car with me and I also met my wife for coffee, would any of that help prove that I had 'left and returned'?

Alex Watts :

Did they go with you when you appealed?

Customer:

Unfortunately no. Ultimately all I have are the receipts from when I was out, the fact that I did request cctv which should surely show that I knew it was there and, of course, the case in Barnsley whereby a warden admitted that such a thing was indeed going on.

Alex Watts :

OK, what you can do is TRY this through the County Court as a small claim. I do not necessarily think you will win given there was an appeal and you lost, but I will outline process.

Customer:

That's ok, you've been as helpful as you can with the limited information I have.

Alex Watts :

No its ok, I can outlined the process would that help?

Customer:

No it's fine, it will happen again I will just make sure that I get cctv immediately and then I can approach the courts confidently.

Customer:

Regards

Alex Watts :

Sure. Remember its a small claim

Alex Watts :

Therefore even if you lose costs should be limited to your issue fee and hearing fee

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If not can I ask you to rate my answer positively. If you need more help please click reply

Customer:

Peter

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice