Thursday, July 06, 2006

Golf pro Allan left bunkered by £450 par-king fine

This is Bradford
By Paul Langan


Golfer Allan Shutt who faces a £450 parking fine
after he had to leave his car in a no-parking area because of a flat tyre









A man is facing a bill of £450 and the prospect of having his car confiscated all because he had a puncture.
Eager parking officials were keen to stick a ticket on golf professional Allan Shutt's car after he had run over a broken beer glass and come to a halt.
Because he could not change the wheel there and then he left the car by the side of the road to go and get a jack. Then the officials struck.
He has refused to pay, involving his solicitor in his battle. But he has also received a visit from a bailiff and been told he could have his car confiscated.

Mr Shutt, of Back Weston Road, Ilkley, said: "My tyre went down and the car was not driveable. I called a friend to take me to a garage and went to pick up another jack.
"I put a notice on my windscreen saying that I had gone for a jack but when I got back that had disappeared and there was a £30 parking ticket in its place."
The pro at Baildon's Hollins Hall Hotel had been heading towards the Lancashire town of Cleveleys to see his mother after playing in a competition at Royal Lytham in July last year.
Taking the burst tyre to prove his case, Mr Shutt went to a police station in Cleveleys, to explain but it was closed so he had to contact them by the telephone. He said he was told to contact ParkWise - the parking enforcement agency set up by the various local councils in the area and Lancashire District Council - and the problem would be sorted out.
He said: "I wrote to them saying I don't expect to hear any more but they wrote back to say, You will pay it.'"
During subsequent correspondence and telephone calls, the parking bill began to rise with administration costs and Mr Shutt said he would charge ParkWise for all the letters and telephone calls he himself had made.
Mr Shutt said: "I sent them back a bill for £425 then I heard nothing else until a bailiff arrived on my doorstep with a £450 unpaid penalty notice."
An angry Mr Shutt said that the bailiff went away without being admitted into his home but threatened to return and take his Fiat Uno car if the bill remained unpaid.
Mr Shutt now plans to take his appeal to the National Parking Adjudication Service (NPAS) which he claims he was unaware of until after the bailiff had been.
He said: "I had no idea it existed. No one told me about it, not Parkwise, not even the bailiff.
"I challenged the fine with them but they told me specifically I had no rights of appeal and would just have to pay up. Now I know about the adjudication service I'll take it to them."

A spokesman for Lancashire County Council said: "Drivers should be aware that they may receive a Penalty Charge Notice (PCN) if parked in contravention of the traffic and parking regulations.
"Drivers have the option to challenge the issuing of the PCN if they believe it has been issued incorrectly."
He added: "Issuing of a warrant and involving bailiffs to recover the Penalty Charge Notice debt is the absolute last resort."
e-mail: newsdesk@bradford.newsquest.co.uk

BREAKDOWN OF THE RULES
It is possible to get a parking ticket if a vehicle breaks down in a parking restricted area and an obstruction is caused.
An informal challenge to a fixed penalty parking fine can be made to the regulating authority responsible for issuing the ticket. Cases must be stated clearly and simply in writing and include photocopies of any evidence to support the claim such as a receipt or witness statements.
Councils which have opted to decriminalise illegal parking take responsibility for issuing parking fines, otherwise the responsibility remains with the police.
If the issuing authority rejects an informal challenge it will issue a Notice to Owner requesting payment.
Appeals can then be lodged with the local Central Ticket Office if the issuing authority is the police or independent adjudicator, the National Parking Adjudication Service for England and Wales if the issuing authority is a council.
To lodge an appeal with the National Parking Adjudication Service for England and Wales contact it on (0161) 242 5252 or visit the website at: www.parking-appeals.gov.uk.
5:38pm Thursday 6th July 2006

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