A retired judge has warned motorists could dodge parking tickets by using three simple words when appealing a fine. Retired judge Stephen Gold admitted the “I knew nothing” defence could be effective in fighting penalties.
Motorists slapped with tickets from a private car park can be challenged if road users believe that a fine has been wrongly issued. In some cases, private car park operators could sue motorists for non-payment but road users may have some critical defences up their sleeves. Stephen stressed appeals are more likely to succeed if it’s clear that parking operators have broken their own code of practice.
According to the retired judge, motorists who feel they were not aware of the details around payment could be the best placed to mount a challenge.
Speaking to The Mail, Stephen previously said: “The operator must prove that you agreed to its conditions: if and when you would have to pay, and what would happen if you did not pay.
“It will be unable to do this unless it can show that the conditions were displayed on one or more notices at the car park which a reasonable motorist would have seen, even if you did not see them because you drive and walk facing the sky.”
Stephen stressed that in some cases there may be no notices displayed on the car park at all. It’s also possible that notice signs are absent from the route individuals took in and out after entering the car park or were obstructed.
Inconspicuous, almost hidden signs that are not on clear display could also be a valid argument against having missed a charge.
However, the judge suggests road users should always back up their argument with clear photographic evidence that warning signs were not up to scratch.
Stephen added: “The car park operator will almost certainly rely on written evidence at the hearing which will include photographs of the signs containing their conditions. But sometimes the photographs will fail to establish where exactly the signs were displayed in relation to where you were parked and the route you would have taken to reach that point.”
Motorists usually have to appeal a parking ticket within 28 days of receiving it but this can be extended if exceptional circumstances can be shown.
However, motorists who appeal a penalty may lose the benefit of settling the bill at a much discounted rate offered within the first 14 days.