Parking ticket question
28 September 2005, 11:59 PM
#1
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Parking ticket question
I was rushing back to my car as the time on the ticket was due to expire any moment. As I got near I saw a traffic warden and as I got to the car he was just starting to input the details. Anyway, I said 'that's lucky' but he replied too late. Anyway, I got in and drove off sharpish before he could print a ticket and stick it on the car.
Today I got a £100 ticket saying that as I had failed to pay within the 14 days the £50 option was not available.
Anyway, I thought that the ticket had to be issued by being placed on the car so this shouldn't stand up. Am I right? I was literally only 1 to 2 mins over which really narks me as I had paid and not just left it without a ticket.
I've got another ongoing fight with Camden for a ticket issued when there was a valid ticket on display and I have a witness! Still won't admit they are issuing tickets like this.
Sorry, rant over. Any help gratefully received!
Mike
Today I got a £100 ticket saying that as I had failed to pay within the 14 days the £50 option was not available.
Anyway, I thought that the ticket had to be issued by being placed on the car so this shouldn't stand up. Am I right? I was literally only 1 to 2 mins over which really narks me as I had paid and not just left it without a ticket.
I've got another ongoing fight with Camden for a ticket issued when there was a valid ticket on display and I have a witness! Still won't admit they are issuing tickets like this.
Sorry, rant over. Any help gratefully received!
Mike
29 September 2005, 12:10 AM
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If I return to my car whilst the ticket is being issued but drive off before it can be either handed to me or fixed to the vehicle am I still liable?
This depends on who it is issuing the ticket.
If it is a council parking attendant then, 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 council, 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.
However, if you return to find a police officer or traffic warden in the process of issuing a ticket then, if you drive off, the ticket can be sent to you as they enforce under different legislation.
http://www.parkingticket.co.uk/em.html
Simon
This depends on who it is issuing the ticket.
If it is a council parking attendant then, 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 council, 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.
However, if you return to find a police officer or traffic warden in the process of issuing a ticket then, if you drive off, the ticket can be sent to you as they enforce under different legislation.
http://www.parkingticket.co.uk/em.html
Simon
29 September 2005, 06:34 AM
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there was something in sunday mirror about ex traffic cop who has written a book ,www.drivershandbook.co.uk which lift's the lid on different thing's including parking fine's , one thing that was in the paper was " challenge any ticket that isn't physically handed to you or stuck on your windscreen " , i haven't looked at web site yet or seen the book but well worth a look ????
29 September 2005, 08:13 PM
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Challange it!
They should put it on the vehicle and if they dont a lot of councils will void it if you fight hard enough. Parking tickets are just a way of raising money for the councils!
They should put it on the vehicle and if they dont a lot of councils will void it if you fight hard enough. Parking tickets are just a way of raising money for the councils!
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29 September 2005, 08:15 PM
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You shouldnt have to fight hard.... Its only valid if its been completed and affixed to the vehicle or handed to you (local authority) !
Simon
Simon
29 September 2005, 08:37 PM
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Yes, but how is he going to prove that the ticket was not placed on the windscreen 
Was on TV recently, what they do is issue the ticket once you have gone and deposit it in the nearest bin. Then it is your word against theirs....guess what the outcome is
One thing that you should request is a copy of the ticket. If it does not have your tax disc number then you have a much stronger case. You will be able to argue that they did not manage to issue the ticket before you left. However, their counter argument will likely be that the tax disc was obscured, and they could not record the details.
You may well have to take this all the way. You will most likely lose the first appeal, but then you should appeal against that decision. I believe that if you refuse to pay eventually they will have to take you to court, and actually prove their case. Few councils are prepared to do this if you have a reasonable case against them.
You need to seek advice
Was on TV recently, what they do is issue the ticket once you have gone and deposit it in the nearest bin. Then it is your word against theirs....guess what the outcome is
One thing that you should request is a copy of the ticket. If it does not have your tax disc number then you have a much stronger case. You will be able to argue that they did not manage to issue the ticket before you left. However, their counter argument will likely be that the tax disc was obscured, and they could not record the details.
You may well have to take this all the way. You will most likely lose the first appeal, but then you should appeal against that decision. I believe that if you refuse to pay eventually they will have to take you to court, and actually prove their case. Few councils are prepared to do this if you have a reasonable case against them.
You need to seek advice
Last edited by Luminous; 29 September 2005 at 08:42 PM.
29 September 2005, 11:20 PM
#11
IIRC many local authorities need to take photos of the offending vechicle so they have proof to back them up-if they have the pics,you would be able to show that the tax disc was visable and had no ticket on the screen if they took it before issuing the ticket.
29 September 2005, 11:21 PM
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Depends what Borough you are in.
My last "almost" tickets were about 8 years ago.
One in Enfield, the other in Westminster.
On both occassions the wardens had started taking details but had not placed the ticket on the car.
In Enfield they claimed they had placed it on the car so I appealed. A week before the appeal they pulled out.
In Westminster I moved the car then went and got the Wardens number and wrote a letter to the Council explaining what had happened. A week later I got a two page letter explaining why I shouldn't park on yellow lines! The final two lines told me that on this occassion they were cancelling the ticket!
My last "almost" tickets were about 8 years ago.
One in Enfield, the other in Westminster.
On both occassions the wardens had started taking details but had not placed the ticket on the car.
In Enfield they claimed they had placed it on the car so I appealed. A week before the appeal they pulled out.
In Westminster I moved the car then went and got the Wardens number and wrote a letter to the Council explaining what had happened. A week later I got a two page letter explaining why I shouldn't park on yellow lines! The final two lines told me that on this occassion they were cancelling the ticket!
30 September 2005, 07:04 PM
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one of my electricians returned to his van a few years ago to find a westminster warden about to issue a ticket for a Pay and display ticket which was just about to run out. the guy jumped in the van and tried to drive away but the warden then stood in front of the van to stop him moving before the ticket could be printed and attached.
some body saw sense in this case
and the warden was just one ticket short for the day rather than in casualty!
But they still issued the non payment of the penalty notice so the electrician appealed (pay their own fines on company vehicles) for non attachement to the vehicle Westminster backed down in the end.
some body saw sense in this case
and the warden was just one ticket short for the day rather than in casualty!But they still issued the non payment of the penalty notice so the electrician appealed (pay their own fines on company vehicles) for non attachement to the vehicle Westminster backed down in the end.
Unlucky fella although I think you just gotta pay
30 September 2005, 09:18 PM
#17
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when I'm in the city I quite often see the little hitlers typing my details in and I always creep up & dive into the drivers seat and bomb off before they can attach the ticket.
They HAVE to attach it to the vehicle or give it to you, and it's your right to fight this all the way. There recently was an undercover TV program which show the little ******* doing this all the time i.e. not issuing the ticket properly - they have quotas to meet, it's nothing to do with keeping the traffic flowing
Plus despite them not issuing it properly they are also supposed to give you a few mins, and loads of the time you see the ba$tards circling when they can see you are down to your last few mins.
They HAVE to attach it to the vehicle or give it to you, and it's your right to fight this all the way. There recently was an undercover TV program which show the little ******* doing this all the time i.e. not issuing the ticket properly - they have quotas to meet, it's nothing to do with keeping the traffic flowing
Plus despite them not issuing it properly they are also supposed to give you a few mins, and loads of the time you see the ba$tards circling when they can see you are down to your last few mins.
30 September 2005, 09:20 PM
#18
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