View Full Version : parking ticket cancelled
arcamalpha2004
29-03-2007, 10:55
Anyone watch bbc news this morning?
This guy who had parked on a double was going into a shop, he noticed a parking warden approach his car and proceed with the ticket.
The guy turned around, apologised, then drove off.
The warden was unable to hand him the ticket or affix it to the windscreen.
But transport for london tried to send him the penalty in the post, he won his case, it appears that the ticket has to actually be handed to the driver or affixed to the car for it to be enforceable.
Can see a lot of fines being claimed back after this ruling ;)
tweetiepooh
29-03-2007, 10:57
Or, more hopefully, a change in the rules and regs.
On a similar vein, bring back the police controlled LA wardens rather than private companies with bonus paid on tickets issued.
arcamalpha2004
29-03-2007, 11:03
Or, more hopefully, a change in the rules and regs.
On a similar vein, bring back the police controlled LA wardens rather than private companies with bonus paid on tickets issued.
Well apparently, the laws and regs as they stand are meant to be that a ticket is only enforceable if it is either handed to the driver or affixed to the car, so it would seem that the regs have been in place, just that some councils have been abusing their powers.
I had a thought about this whole thing, now it is clear what the regs are, if ever I am approaching the time limit outside the shop while waiting for the mrs I will just drive off when the warden approaches :-)
Erm wrong forum area?
Maybe the driver was going to the Post office to pay his VM bill...?
arcamalpha2004
29-03-2007, 11:28
Maybe the driver was going to the Post office to pay his VM bill...?
Or blockbusters to get a film :erm: ;)
---------- Post added at 11:28 ---------- Previous post was at 11:27 ----------
Moved to lifestyle
Thanks gavin, apologies.
If councils are allowed to enforce tickets just via the post, then there is the posibility of someone paying a fine that isn't theirs, if the details are wrong for instance and it went to the wrong house.
The shock of a fine and threats of increased amounts if not paid asap normally does a good job of stopping people reading the details carefully straight away.
arcamalpha2004
29-03-2007, 12:10
If councils are allowed to enforce tickets just via the post, then there is the posibility of someone paying a fine that isn't theirs, if the details are wrong for instance and it went to the wrong house.
The shock of a fine and threats of increased amounts if not paid asap normally does a good job of stopping people reading the details carefully straight away.
Ofcourse :)
How many tickets have been paid under the circumstances talked about here though, ie just sent through the post, and more to the point could people claim back any monies paid this way?
Ofcourse :)
How many tickets have been paid under the circumstances talked about here though, ie just sent through the post, and more to the point could people claim back any monies paid this way?
If it's been deamed as not a legal way of fining people, then many.
However, what's to stop an unscrupulous traffic warden binning the ticket after you drove off and claiming they put it in your windscreen.
You'd get a letter requesting payment still.
Remember, traffic wardens have been known to manipulate digital photos to try and give someone a ticket that appears valid.
Wicked_and_Crazy
29-03-2007, 12:32
How can they prove it was handed over to you or stuck to the windscreen?
How can they prove it was handed over to you or stuck to the windscreen?
A very good question, and enough people have challenged them on this that they tend to carry digital cameras round with them now. It would not be unreasonable for someone to ask them to produce photographic evidence in court.
Wicked_and_Crazy
29-03-2007, 12:47
A very good question, and enough people have challenged them on this that they tend to carry digital cameras round with them now. It would not be unreasonable for someone to ask them to produce photographic evidence in court.
photoshop :D
This isn't anything new though.... No new rulng. I got off a parking ticket in the sme way a couple of years ago.
The fine on your windscreen is the first notice, where in Waltham Forest you get a discount if you pay it within 2 weeks. The first I knew of the fine was 4 weeks later when I got a reminder (second notice) for the full amount, when I hadn't received the first. I wrote in and it was cancelled without much fuss.
so any1 thinking of trying this
if they are unlucky and see the warden about to give u a ticket??
Jobsworth the lot of them! I know they are people like the rest of us (or so the rumours say) but I am sure a lot of them get a kick out of their job
lostandconfused
30-03-2007, 03:29
if i get a ticket, which i often do, i tend to just pay up, as has been said before if you pay within 2 weeks its half price. when i park illegally i know i shouldnt be parking there but usually cant be bothered to park the other side of town just to drop off some papers in work, i take my chances if i get caught, i did wrong and pay up, but most of the time i dont get caught and feel like i've got one up on those b***ds that take several pints out of my wallet on a regular basis, and it really cheers me up!
if i get a ticket, which i often do, i tend to just pay up, as has been said before if you pay within 2 weeks its half price. when i park illegally i know i shouldnt be parking there but usually cant be bothered to park the other side of town just to drop off some papers in work, i take my chances if i get caught, i did wrong and pay up, but most of the time i dont get caught and feel like i've got one up on those b***ds that take several pints out of my wallet on a regular basis, and it really cheers me up!
Out of curiosity, do you find it costs you more or less per month to pay the occasional fine as opposed to buying a 'legal' parking space?
eddie00001
30-03-2007, 14:35
Last year, my dad received 2 parking tickets. One at home, one at his factory. For the one at home, my parents have a piece of land on the other side of their fence (long story behind this), but is legally their property. My dad parked his van on there once and he go a ticket for it - apparently he was causing an obstruction. A car parked further down though, which was parked half on the road, half on the pavement didn't get a ticket. Took quite a while to argue the case that the vehicle was parked on private property and therefore couldn't be causing an obstuction.Similar thing happened at his factory (different city to home), and he wanted to drop something off. As he didn't want to open the full gates and drive in, he parked along the gates (again on private property) and was in and out in a few minutes. When he got back, a traffic warden just slapped a ticket on the windscreen. My dad spoke to him and said that his car is on private property. While the traffic warden said he knew this to be the case, it was still an obstruction.Both cases went all through the appeals process and were eventually thrown out. Just makes you love these private contractor traffic wardens. At lease in the good old days, the traffic wardens were there to keep the roads clear where appropriate, and there was some give and take with them.
If you drive off before the warden can affix the ticket to your windscreen then technically you should be able to get the ticket wiped.
However... With mine, I moved the car before the warden wrote the ticket and then moved onto private premises under his nose. He must have got annoyed, and knowing my number plate issued one anyway.
Whether the same applies if you drive off whilst he is actively issuing a ticket, I don't know. With mine he was ticketing someone else's vehicle when I moved it.
lostandconfused
30-03-2007, 18:37
Out of curiosity, do you find it costs you more or less per month to pay the occasional fine as opposed to buying a 'legal' parking space?
it probably works out about the same, but there isnt a legal parking space about, so it would mean having to park a long way away, i take my chances sometimes you win, sometimes you lose
If people didn't park illegally we wouldn't need traffic wardens, just a thought.
If you drive off before the warden can affix the ticket to your windscreen then technically you should be able to get the ticket wiped.
However... With mine, I moved the car before the warden wrote the ticket and then moved onto private premises under his nose. He must have got annoyed, and knowing my number plate issued one anyway.
Whether the same applies if you drive off whilst he is actively issuing a ticket, I don't know. With mine he was ticketing someone else's vehicle when I moved it.
I thought this was common knowledge, I remember seeing a docudrama (clampers?) about the City of Westminster parking squad. They had numerous people drive off as they were writing the ticket. It takes them quite a while to write it and if they get any detail at all wrong on the ticket then you can similarly get away with it.
The moral to this story is not to enter into a debate pleading for leniency when you see someone writing a ticket but just get into your car and drive off before they can fix it to the car.
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