Drove off whilst Traffic Warden had ticket in her hand

[danmav]

I returned to my car, which was illegally parked, to find a traffic warden looking at my tax disc. I apologised and said I was leaving now but the warden said it was too late the ticket was being issued. I got in my car and drove off just as the warden had the ticket in her hand.

I know there has been a recent case in the High Court where the ticket is not valid if you drive off before it is handed to you or placed on the car, but not sure where I stand now.

Would the warden have to have evidence (ie photographic) that it was handed to me or placed on my car, or would it be my word against theirs?

Also do I just have to wait until I get something through in the post and where do I stand with regards to paying a reduced rate if any appeal I make fails?

[Rob S]

The warden should attach the ticket to the car for it to be deemed as served, but be prepared for the warden to state that this was the case. The local authority will back them. Did you notice if the warden had a camera with them?

[danmav]

No didnt notice if they had a camera, just the ticketing machine, but even if they had a camera would they have had to take a photo showing the ticket on the windscreen or would a photo of the car parked illegally suffice?

[Recycler]

http://www.parkingandtrafficappeals....20Judgment.pdf

the judicial review papers are available here and will be usefull in making your appeal (if it comes to that)

[patdavies]

OK, let's take this a step at a time shall we?

Was this a traffic warden or a parking attendant?
Is parking decriminalised in your area?

The reasons for asking are that if parking has not been decriminalised and it was a real traffic warden, then you can expect the ticket in the post. And it is still valid.

If parking is decriminalised, then there are no traffic wardens - only parking attendants. A PA must either affix the PCN to the vehicle or hand it to the person (s)he believes to be the driver.

[Goldlady]

Hehe I hope you succeed. I would love to have seen her face!

[trixter444]

I too parked illegally (unbeknown to me as the double yellow lines had faded off!) and when I came back to the car, a parking attendant was there issuing the ticket, she did have a camera with her but I just got in the car and drove off without her actually giving me the ticket. I never heard anything more about it!! However, feeling a little bit guilty I got my boyfriend to ring the parking services up to see where I stood, and they told him that the parking attendant has to physically have given you the ticket or to the ticket to be on the car. My boyfriend then decided to ask about these double yellows that had faded off, and was also told that if they have faded and you cannot actually see the lines, it is not illegal to park there!! so I shouldnt have had a ticket in the first place apparently! Hence, they have now come and made the double yellows seeable

[danmav]

Originally Posted by patdavies

OK, let's take this a step at a time shall we?

Was this a traffic warden or a parking attendant?
Is parking decriminalised in your area?

The reasons for asking are that if parking has not been decriminalised and it was a real traffic warden, then you can expect the ticket in the post. And it is still valid.

If parking is decriminalised, then there are no traffic wardens - only parking attendants. A PA must either affix the PCN to the vehicle or hand it to the person (s)he believes to be the driver.

I believe it was a traffic warden, she was definitely an employee of the council as they come round my area quite a bit. However on this occasion I was parked in a bus bay in the city centre and not near my home.

I am thinking I should just contact the council and pay the reduced amount, after all I did park illegally and should take responsibility for that!

[Rob S]

If it was a local authoity parking attendant I would wait and see. The ticket has to be properly served for the offence to be complete, so don't pay up for something which they might not even chase you over

[dw190]

Originally Posted by danmav

I am thinking I should just contact the council and pay the reduced amount, after all I did park illegally and should take responsibility for that!

You should not do anything. You have not been served with a PCN or a FPN.

If it was a Parking Attendant engaged by the council you may receive a Notice to Owner. You can then make the necessary representations.

If it was a Traffic Warden engaged by the Police you will receive a Notice of Intended Prosecution requesting details of the person in charge of the vehicle when the offence occurred.

Do Nothing until you receive something through the post.

[Sidewinder]

Originally Posted by danmav

I believe it was a traffic warden, she was definitely an employee of the council as they come round my area quite a bit.

Yellow hat band or another colour? TWs have yellow bands and council appointed PAs tend to have blue or green.

Originally Posted by danmav

I am thinking I should just contact the council and pay the reduced amount, after all I did park illegally and should take responsibility for that!

I don't believe that you should, dependant on whether it is a Traffic Warden or Parking Attendant, then very different rules apply. As previously stated, if it was a TW with a yellow band then the ticket does not have to be served, observation of an infingement is sufficient to warrant a ticket by post. On the other hand, if it was a PA then very different rules apply and the ticket must be served on the vehicle or driver in order to be lawful.

You may well have knowingly parked in contravention, but equally any penalty has to be lawful as well - it works both ways!