Jay m A

iTrader: (2)

Not me actually, but the missus.

With all this talk of getting off speeding Nips can the same principle be applied to a parking ticket?
My council seems to fund itself by charging residents to park outside their homes. My gut reaction is to forget the fine and see what happens, problem is I've an idea its all computerised these days so I'll (She'll) be taken to court to pay it if left long enough.
With this self-incrimmination debate going on, can it be applied to this situation? Basically they have to prove it was her that parked there - rather than fine the owner.

All comments appreciated.

Justin

DavidRB

If you just ignore it, I bet they'll summons you in the end. After all, they have the license number, so getting your name off the DVLA is pretty easy.

Try reading

Jay m A

iTrader: (2)

David

Thanks for the link. I might well have a go at contesting this one.
As for her speeding nips, they tend to go faster on a cold day....

Justin

adamson

As I understand it, if it is not the registered keeper who commits the offence, then the court will issue a summons (assuming you don't pay) and then you simply tell them that you did not commit the offence, but your wife did. You might consider getting your wife to write a letter stating that she was driving and not you. Whether they would go to the trouble of then issuing another summons I don't know, but that's her problem ;-)

Craig.

adamson

Or I guess you could simply turn up in court and ask what evidence they have that *you* committed the offence.

Having an alibi as to your whereabouts at the time of the offence might be useful.

Craig.

xyzpaul

Surely if the ticket was correctly issued then the fine is deserved.

It amazes me the number of people on this board who think they should be above the law.

simes

Sorry I can't be more helpful but I vaguely remember there being some legal issue going though the courts to do with the discount on the fine if you pay early, maybe this will prod the memory of someone who doesn't have the memory of five sieves, like me.

Mind you, if she's been done bang to rights, cough up .

Cheers

Simon

NITO

Just a thought,

albeit a stupid one. But if it's true that you could get of on a technicality, then how about badging your Impreza up as a Mitsubishi Lancer or something. Then the 9 times out of 10...uninformed attendent will unwittingly write the cars wrong make and model description and Presto!! No fine....sorry but that IS my registration number but not my car!!

Nito

alistair

Do they really have to get the make & model right ? What happens if you take the badges off and they don't know ?

DavidRB

adamson: It is a civil offence, not a criminal offence. They don't have to prove that it was <I>you</I> who committed the offence, they just have to prove that it was <I>your car</I> that was parked where it shouldn't have been. The fine is levied on the registered keeper, not the driver.

Also, it's worth pointing out that it is the council that will be pursuing you, so they have a <I>lot</I> of manpower available to follow this up (unlike the police).

Oh, and yes, if you pay up within 14 days, you only have to pay half the fine.

I hope it is worth the effort for avoiding £30. It's not like you have a criminal record or points on your license after this.

[This message has been edited by DavidRB (edited 06 September 2000).]

Richard F

I believe that it is illegal to reduce the fine if you pay early. Can't remember the details but I'm sure it is. Maybe the speedtrap site or similar would have advice? As to if you were caught you should cough up - agreed but not if the council/ issuing body were acting illegally. That's the way law works. Like if you parked somewhere and got clamped, they have broken the law if there are no warning signs to tell you you can get clamped for being there.

DavidRB

The reg plate is not sufficient, they must be able to correlate it to the vehicle make(presumably to combat fake plates), although I don't think they need the model type.

I remember watching "Traffic Wardens" on TV and one of the dippy ones was unable to put a ticket on a car because it was de-badged. <I>A de-badged black BMW!!!!</I> It was unbelievable, she must have had the entire TV audience shouting "Can't you tell it's a BMW???" at her!

Seeing as the Impreza isn't that well known, I bet you might get away with it more often than with most cars. Wouldn't fancy putting it to the test though!

Richard F

My local council introduced a fantastic parking policy and one day I got a ticket cos I parked 6 feet the wrong side of a sign I didn't see. I thought "sod it, I'll pay up" but when I went to pay, they said because it was my first "offence", I'd get let off if I appealed. I did and was let off so you might be able to do that...

Mulder

When I got a ticket outside me house, I wrote a rather harsh letter to them.

Never heard anything back! No fine!!!

Denz

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:<HR>Originally posted by xyzpaul:
<B>Surely if the ticket was correctly issued then the fine is deserved.

It amazes me the number of people on this board who think they should be above the law.[/quote]

It amazes ME how some people, see everything in black and white! If Justins wife wants to park outside her home then she should be allowed! as long as she obstructs no one else, and causes no harm!

Its thanks to people like you (who support this) that we have to put up with the CRAP in this country!

Do we live in afree country or NOT

Thanks
Denz

Jay m A

iTrader: (2)

Denz

Thanks for that. I didn't post to plead my case, but for the record I am going to appeal purely because I feel the council put those lines there for revenue purposes only. I live in a residential cul-de-sac and the lines went down less than 6 months ago in a road system that hasn't changed for as long as I can remember.
If she had parked it obstuctively or with a total disregard to others then I would demand that she pay it.

All opinions respected

Justin

Imran

Denz thankyou!

That's exactly what I was thinking.

One of the things that ruins London is the way the citizens just put up with all the crap the council throws at them.

If you ask me, it's attitudes like that, that have led to heavy taxation on fuel and people having to pay hundreds of pounds to park outside their own home.

Imran

adamson

I bought a copy of the Driver's Survival Handbook a few years ago and they suggested the 'not the registered owner who committed the offence' defence.

A couple of years ago, I got a parking ticket. Basically, the machine swallowed my pound but a kind person gave me his ticket. Unfortuantely, it had expired. No I didn't check it.

The local council didn't want to know. They would however consider waiving the ticket if I could find someone to corroborate my story. I couldn't so decided I didn't fancy a day off work for the sake of 12 quid, so paid up.

Interestingly enough, several months later they installed telephones near to the machines which lead directly to a control room. Yet when I queries the satisfacory operation of the machines, I was told they were 'Fine'.

Craig.

[This message has been edited by adamson (edited 08 September 2000).]

adamson

[QUOTE]Originally posted by DavidRB:
[B]adamson: It is a civil offence, not a criminal offence. They don't have to prove that it was <I>you</I> who committed the offence, they just have to prove that it was <I>your car</I> that was parked where it shouldn't have been. The fine is levied on the registered keeper, not the driver.

I hope it is worth the effort for avoiding £30. It's not like you have a criminal record or points on your license after this.


Justin asked what option were available to him and I gave him my 2p worth. I did not make a judgement about whether he should or should not appeal against the ticket.

With regards to your comment about the effort required (to avoid the £30 fine). I suppose it depends whether you look at always look at things from a monetory point of view. In my incident (related above) I didn't feel confident to pursue an appeal because:

1. I didn't check the ticket that the driver gave me (my fault!)
2. I didn't have a pen/paper in the car to write a note for the warden to say that the machine had swallowed my pound (again my fault!)

I think I was treated a bit harsh, but no different to other people who have to deal with such organisations.

Craig.

DavidRB

Adamson, sorry mate, wasn't trying to jump on you from a great height, I guess I overstated my opinion a bit.

In my case, it was my own fault for not checking. I normally check every time which is why I'm quite happy using the bays that swap between ticket-paying and resident only. I paid up because ultimately, I had parked at the wrong time in a bay that was clearly marked and I was far too busy with other things at the time to fight it. Certainly other people's circumstances will be different.

I guess, my main point should have been "do your homework and then do something, but don't just forget about the ticket".

adamson

No probs. ;-)

Craig.