R
Rikimaru
Guest
I live in an area that requires you to display a resident's parking permit in your car at all times. A few weeks ago I got a new car but forgot to switch over the permit. So my car was clamped and I had to pay €125 to get it unclamped.
I didn't think this was fair seeing as how I am a genuine resident so I appealed the fine. They turned it down on the basis that the enforcement officers had followed correct procedure in clamping the car. I appealed again, explaining that I accepted that it was my fault that the permit was not displayed, but that I was appealing on the basis that it's unfair that someone who is a genuine resident has to pay the same fine as someone who is not.
As a compromise I proposed that they only refund me €100 of the €125, in recognition of the fact that they had to spend time and effort clamping and unclamping my car due to my neglect in not displaying the permit. But again they rejected the appeal on the same basis as before, without responding to my arguments at all which was disappointing.
So now I am thinking of challenging their right to levy this fine on the basis that it is inequitable to fine someone who is entitled to park there the same amount as someone who is not. But I don't really have any idea how to go about doing this so I was hoping someone might be able to answer a few of my questions.
I didn't think this was fair seeing as how I am a genuine resident so I appealed the fine. They turned it down on the basis that the enforcement officers had followed correct procedure in clamping the car. I appealed again, explaining that I accepted that it was my fault that the permit was not displayed, but that I was appealing on the basis that it's unfair that someone who is a genuine resident has to pay the same fine as someone who is not.
As a compromise I proposed that they only refund me €100 of the €125, in recognition of the fact that they had to spend time and effort clamping and unclamping my car due to my neglect in not displaying the permit. But again they rejected the appeal on the same basis as before, without responding to my arguments at all which was disappointing.
So now I am thinking of challenging their right to levy this fine on the basis that it is inequitable to fine someone who is entitled to park there the same amount as someone who is not. But I don't really have any idea how to go about doing this so I was hoping someone might be able to answer a few of my questions.
- Can I appeal this through the Small Claims Court, do I have to hire a solicitor etc.?
- Does anyone think I have a genuine chance of winning? Remember, I'm not disputing the fact that they were correct to clamp the car in the circumstances - I'm disputing that I should have to pay the same fine as someone not entitled to park there.
- If I lost would I have to pay costs? Is there any limit on how much this might be?
- Would it be taken into account by the judge that I tried to reach a compromise but the other party just ignored me?