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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice.
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there I have recently appealed a parking fine on the grounds

Customer Question

Hi there
I have recently appealed a parking fine on the grounds that I was attending “Emergency Gas Works” at a commercial property. According to the Local Traffic Regulations order, made pursuant to section 1&6 of the Road Traffic Regulations act 1968, now sections 1&6 of the Road Traffic Regulations Act 1984, my vehicle would be classed as exempt.
The appeal has been refused.
I'm a gas safe registered engineer and can provide a letter from the company premises i was attending.
My company have paid the fine and are asking me for the money. the local council are claiming the case is now closed and i cannot carry on with my appeal.
please help!!!!
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

Hi Jo

Do i have good grounds to appeal? was i within my rights to appeal on the grounds i have stated??

Can i still appeal even though my company has paid the fine???

The council has told me as the fine has been paid that the case is now closed, is this normal procedure????

apparently my original appeal was declined but i received no correspondence of this or any reason why!

Expert:  Jo C. replied 2 years ago.
No, I am sorry.
If the fine has been paid the case is closed and there is no capacity to reopen it.
In terms of your appeal, I am not sure which ground you relied upon? Exempt from what? If you are arguing that you are an emergency vehicle then I have looked at 1 and 6 and they do not seem to create an exemption?
But, in any event, the fine has been paid.
Whether they can reclaim from you depends on the terms of your employment contract. If it is written into your contract then they can.
Sorry but I have to give you trurhful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks for your quick response.

Can you please check that there is no exemption for vehicles attending "gas apparatus works" in the Local Traffic Regulations Order.

Thanks for your hard work

Expert:  Jo C. replied 2 years ago.
Yes, you will need to give me the sections that you rely on ?
Customer: replied 2 years ago.

I was informed it was sections 1 and 6.

Expert:  Jo C. replied 2 years ago.
You will find it here
http://www.legislation.gov.uk/ukpga/1984/27/contents
and i can't see anything that applies.

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