Getting a parking ticket can be a frustrating experience, especially if you believe you had a valid reason for parking where you did. The good news is that there are ways to challenge a parking ticket, even if your initial appeal doesn't succeed. This blog post will delve into the various excuses that might be accepted by councils or private parking companies and provide guidance on how to present your case effectively.
When it comes to parking tickets, the term "mitigating circumstances" refers to situations that provide a compelling reason for the fine not to be enforced, even though the issuing body has a legal right to payment.
These circumstances can vary widely, and there are no strict limits on what might count as a mitigating circumstance. However, it's important to note that mitigating circumstances do not give you a legal right to have your ticket cancelled. The decision is ultimately at the discretion of the organisation that issued the ticket.
Characteristics of Mitigating Circumstances
There are three key characteristics of mitigating circumstances:
You can put forward any reason you want, though in practice, a persuasive reason is likely to fall into one of the common categories discussed below.
Even if you have a strong reason, you're at the mercy of the organisation that issued the ticket. If you can show that your ticket was legally invalid, this will almost certainly provide a better means of challenging your ticket than relying on mitigating circumstances.
Whether your excuse will work can be unpredictable. Many councils and parking companies keep their decision-making processes under wraps, and it often comes down to the mood of the individual on the day.
However, there are guidelines that can give you a good sense of when a challenge is likely to succeed.
A key theme that emerges from council guidance is that if there's no evidence to support your challenge, it's unlikely to succeed. Whatever your circumstances, try to provide some support for your claim, such as a doctor's note if you were taken ill or a receipt for repairs if your car broke down.
Medical conditions are one of the most commonly accepted mitigating circumstances. With proof, a medical condition can often provide good grounds for a challenge. Examples include becoming unwell after parking and needing to stop to use a toilet because of a medical condition.
It's crucial to send in proof of your medical condition and whether it's severe enough to justify your actions. Without medical evidence, you're unlikely to get your ticket cancelled.
There may also be good grounds to dispute a ticket if you've had to park for a medical appointment or to pick up medicines from a chemist, provided you can prove it was urgent and there were no legal parking spaces that you could reasonably have used.
If you were visiting a friend or a relative in an emergency, guidance suggests that might also provide a good reason to set aside the ticket, although whether you succeed is likely to depend on whether the incident is sufficiently exceptional.
Needing to drop off a child, a disabled person, or an elderly person might also be an acceptable reason, depending on how exceptional the circumstances were.
For example, dropping your seven-year-old off at their best friend's party and parking unlawfully won't be a good excuse because the council will argue that you could have taken a bit more time and walked a little further.
If you couldn't get back to your car before your parking time expired, the criteria used in the published guidance are that the circumstances behind the delay must have been unforeseen, unavoidable, and exceptional.
This is unlikely to be the case if you've simply mistimed a visit to the shops. However, if you've gone into labour unexpectedly or had to deal with an unforeseen emergency, then you'll have a decent chance.
A vehicle breakdown or even attending another vehicle breakdown to help somebody out is likely to be a good basis for a challenge, provided the breakdown wasn't your fault (e.g., running out of petrol).
This used to be a basis for cancelling your fine, but guidance suggests that will generally only be entertained if you hadn't left the car park or the on-street parking area.
Since most parking bays are now operated by phone or app, this excuse is less likely to be accepted unless you can prove you don't have a phone.
Being unaware of a new restriction or charge could provide good grounds for a challenge, but it's a matter of discretion whether a fine will be waived in these circumstances.
If you've been let off before on this basis, you're unlikely to be treated leniently a second time
There are some excuses that are likely to be rejected out of hand in almost all circumstances, such as stopping to answer your mobile phone.
It's important to remember that formal appeal bodies don't have the power to allow an appeal based on mitigating circumstances. The most they can do is make a recommendation to the body that actually issued the parking fine.
Formal Appeals and Mitigating Circumstances
If your ticket was issued by a private parking company, the relevant appeal body is either POPLA (Parking on Private Land Appeals) or the Independent Appeals Service (IAS).
POPLA says it asked parking operators to reconsider fines on grounds of mitigating circumstances just over a thousand times last year, but in two-thirds of cases, the recommendation was ignored.
The IAS doesn't expressly entertain appeals based on mitigating circumstances but says its adjudicators can make confidential recommendations to an operator to reconsider a fine where they think it's warranted.
For tickets issued by councils or Transport for London, the appeal body is the Traffic Penalty Tribunal or London Tribunals. These bodies are also unable to order the ticket to be cancelled, however strong your mitigating circumstances, but they can ask the relevant authority to reconsider its decision to fine you.
If the authority doesn't do so, it has to give reasons. There are no published statistics on how often councils cancel a fine after a request to reconsider, but it's reasonable to assume the proportions are similar to those in private appeals.
Always provide evidence to support your claim. This could be a doctor's note, a receipt for car repairs, or any other relevant documentation.
Ensure that your excuse is genuine and truthful. Fabricating evidence or lying about your circumstances can lead to further complications.
Familiarise yourself with the guidelines provided by councils and parking companies. This will give you a better idea of what excuses are likely to be accepted.
When submitting your appeal, maintain a polite and professional tone. Rudeness or aggression is unlikely to help your case.
If your initial appeal is rejected, don't be afraid to follow up and ask for a reconsideration, especially if you have new evidence to present.
Challenging a parking ticket can be a daunting process, but understanding the concept of mitigating circumstances and knowing what excuses are likely to be accepted can significantly improve your chances of success.
Always provide evidence to support your claim, be honest, and familiarise yourself with the relevant guidelines. Remember, the decision is ultimately at the discretion of the organisation that issued the ticket, so presenting a well-supported and genuine case is your best bet.