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Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 21st February 2008, 12:58   #21 (permalink)
patdavies
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Default Re: Fluttering ticket defence- does it work?

Quote:
Originally Posted by mamothd View Post
Just thought of something which,in fact, harms my case.
The ticket says "display in windsreen".

It doesn't say "ON" windsreen.
Therefore they'll argue it deliberately doesn't have glue on it because it's only supposed to be displayed in a way that the warden can read it through the windscreen. This would clearly include the dashboard.

From this the adjudicator would argue it wasn't defective as an instrument, and it was my responsibility to ensure it was displaying correctly.

I would question how you are supposed to display any such ticket to a vehicle without a windscreen...
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Old 21st February 2008, 13:06   #22 (permalink)
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Default Re: Fluttering ticket defence- does it work?

Quote:
Originally Posted by mamothd View Post
Just thought of something which,in fact, harms my case.
The ticket says "display in windsreen".

It doesn't say "ON" windsreen.
Therefore they'll argue it deliberately doesn't have glue on it because it's only supposed to be displayed in a way that the warden can read it through the windscreen. This would clearly include the dashboard.

From this the adjudicator would argue it wasn't defective as an instrument, and it was my responsibility to ensure it was displaying correctly.
to avoid any confusion,

my last comment was aimed at the PCN its self not the piece you place in the windscreen
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Old 21st February 2008, 13:08   #23 (permalink)
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Default Re: Fluttering ticket defence- does it work?

Quote:
Originally Posted by mamothd View Post
The ticket says "display in windsreen".
Or you could argue:

The windscreen is a piece of glass, how are you supposed to get the ticket in it?

Back to reality, on the glue issue, are you saying that the ticket was defective in manufacture or design?
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Old 21st February 2008, 20:14   #24 (permalink)
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Default Re: Fluttering ticket defence- does it work?

Just how many threads do you think this single PCN needs I have counted 3 so far!!!
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Old 21st February 2008, 21:37   #25 (permalink)
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Default Re: Fluttering ticket defence- does it work?

I'm saying it was defective if the instructions had been to afix "on " the screen.

Obviously "in " the windscreen would be taken to mean it's dsiplayed so someone outside the car can read rthe ticket through the windscreen.

I bought a parking ticket today,BTW, and it had no glue on it.Clearly, these tickets are not designed to be stuck on to glass.They are,presumable,meant to be put on to a dashboard. Although I did so, it was just my bad luck it turned over after I walked away, and I'm resolved I'll have to pay it.
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Old 21st February 2008, 23:28   #26 (permalink)
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Default Re: Fluttering ticket defence- does it work?

I've had one (and a clamp) revoked after I demonstrated that I had correctly paid for parking, and the ticket was obscured by a previous one in a 'ticket holder' thingy supplied with the car. I'd accidentally slid the new one behind an old one in haste. The 'in windscreen' issue is interesting, of course you can't put it 'in' the windscreen. If they are going to be picky, why not you too?
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Old 22nd February 2008, 00:48   #27 (permalink)
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Default Re: Fluttering ticket defence- does it work?

thanks adamna.
It's true, what does "in " windscreen mean? especially since I recall a lot of tickets have glue on the back which instruct you to affix on to a window.
The problem is, the adjudicator is funded by the councils themselves, so are not really on the motorist side.
do i really want to risk a whole morning off work and another £40 when I've no more than a 50/50 chance.
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Old 22nd February 2008, 19:50   #28 (permalink)
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Default Re: Fluttering ticket defence- does it work?

The adjudicator is supposed to be 'independent'. The problem is that they are not in a position to vary a discretionary decision, and it sounds to me like this one is discretionary.

Anyone else know more?
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Old 22nd February 2008, 20:10   #29 (permalink)
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Default Re: westminster council claim ticket not dislayed

three threads merged, please keep single issues in one thread.
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