SWRTWannabe

A friend of mine has received a notice through the post which said that she had received a parking ticket but had not paid it. If she had paid within 14 days of the ticket being placed on the car, it would have been a 30 pound fine, but it is now 60 pounds. The problem is that there was no ticket on her car.

The ticket was given because she had parked half on the kerb, but everyone on the cul-de-sac that she lives on does that, because the road is so narrow. I've just looked at the highway code online and it says "DO NOT park partially or wholly on the pavement unless signs permit it". However, the preamble states that only items worded as "YOU MUST / YOU MUST NOT" are legal requirements.

What's the best course of action that she can take?

Thanks in advance.

Luke

Pay the £30.00 and tell them thats it.

[Edited by Luke - 1/21/2003 9:44:59 AM]

Reffro

Get a copy of the ticket at least. There have been numerous reported cases of bogus tickets being issued, where no ticket appears on the car, but weeks later a reminder appears in the post.

If its legit then they'll have to stump up the cost, in the meantime do your research on the can/can't of parking. There is a website dedicated to parking tickets et al, but off the top of my head i can't remember its address, but someone on here will have it.

Dave P

Had a similar problem.

I was legally parked, absolutely 100%, park in the same place every day just past a restricted zone.

Some time later I got the letter saying I was illegally parked. In the end I coughed the £30 but I was very very very angry.

Bottom line is I believe these guys are on commission, so I reckon what they do is issue a ticket but not attach it to the car. By the time the 4 or so weeks has passed before you get the unpaid fine letter it is virtually impossible to prove your innocence, but they have their cut.

Dave

markpm

Just another question...

A mate has just driven off from a traffic warden who was busy writing out a ticket for him, but hadnt stuck it on the car!

Do you still get fined if no ticket was actually put on the car?

Ta
Mark...

Reffro

In a word NO, they have to have completed the ticket and be attaching it to count, that's why they don't mind arguing the toss with you, it gives them more time to finish writing the ticket, as you will notice whilst you are getting red in the face they haven't stopped writing/typing out the details......

Luke

Wrong.................. The moment they have entered your reg in their machine.Job done.

Unless ..........someone can provide proof otherwise??

Reffro

Copied off the website I mentioned earlier, i found it after a 5 second search http://www.parkingticket.co.uk


If I return to my car whilst a parking attendant is issuing a ticket but drive off before it can be either handed to me or fixed to the vehicle am I still liable?

No! To be valid the ticket must be either handed to the driver or fixed to the vehicle. If you subsequently get a Notice to Owner you should write to the issuing authority explaining the situation and ask for it to be cancelled. If they will not cancel it then appeal. Although the adjudication services do not categorise types of appeal anecdotal evidence suggests that between a third and a half of all appeals are for this reason. The legislation was changed in 2000 to allow London authorities to send the Penalty Charge Notice (PCN) to the registered keeper. However, because of stringent restrictions imposed by the Adjudicators it is very unlikely that any will be sent. If you do receive a PCN in the Post you will have to decide whether to pay it, at the reduced rate, or challenge it.

Luke

then try telling that to the monkeys who work the west end...

The Zohan

As far as i am concerened unless the ticket has been placed on the vehilce then it is not valid - Proof - I have driven off three times in this situation without ever getting a ticket in the post or whatever. I also pointed out to the parking clown that he had parked his moped on a double yellow line and that he better move it or i would report him - That did not go down to well with the monkey!

Reffro

Luke, whilst you are telling the above to the monkeys they are still completing the ticket, as I said above they already know the rules better than you do and welcome anybody to argue the toss, in the meantime they've completed the ticket and can either give it to you, or attach it your vehicle, job done. If you are daft enough to try to argue the toss, you've only got yourself to blame if they complete the ticket and hand it to you, this is THE oldest trick in the book.

Just get into your car and drive away without saying a word, as the website says, if its not handed to you or attached to the vehicle it don't count...........

Luke

Reffro

I dont have to pay parking tickets!!! I just love having a go at the monkeys.

SWRTWannabe

Had a look at parkingticket.co.uk. and it seems that for most of the country, parking on the kerb is allowed unless specifically prohibited. However, in London the reverse is true - parking on the pavement is prohibited unless specifically permitted.

Reffro

I'm not having a pop at you by the way Luke, though it might read that way, just spelling out the best advice for anyone who happens to read this thread.

Luke

Reffro, "Pops" are fine !!

T.C

Whenever a vehicle parks on the road, technicaly the driver can be reported for obstruction particularly when it is partialy parked on the pavement.

If the vehicle is reported for parking in a restricted area, then a few tips may get you a refund.

1. What do the signs say and where are they? All signs must be clearly visible stating what the restriction is.

2. If on double yellow lines are they an even distance apart? They cannot be handpainted, and they maust be the same distance apart otherwise they are illegal.

3. Are there termination lines perpendicular to the end of the main yellow lines? If there is no stubby yellow line jutting out from the kerb at the end of the main lines, again they are illegal and unenforceable.

4. Where do the lines start and finish? For a restriction to be in force a traffic order must exist which is available through the local library. If the distances from where they are supposed to start are as much foot out then then the whole order is unlawfull.

Remember that yellow lines apply from building line to building line or hedgerow to hedgerow so it covers the pavement as well, although obstruction is the prefered choice of offence, as all they have to do is state that there was a possibility that it would prevent the free flow of pedestrian traffic, but something like about 60% of all parking restrictions in the UK are illegal themselves for the reasons mentioned above.