Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Police parking ticket help need

    Received this in the mail yesterday.

    NOTICE TO OWNER/KEEPER/HIRER OF A VEHICLE

    Fixed Penalty Notice No: Nx Date: September 23,2008

    On 05/08/2008 a vehicle registration mark xxxxxxx CAR MAKE was seen at xxx Road, TOWN at 00:00 in circumstances which gave cause to believe the offence of parking in a no waiting area was being, or had been committed.

    A notice number Nx was issued to the vehicle giving the driver 28 days in which to pay the fixed penalty notice or
    request that the offence be dealt with by a court.

    The fixed penalty notice for £30, which was issued to the above vehicle, has not been paid and we have not received a request for a court hearing.

    It is believed that you were the owner/keeper/hirer of the vehicle at the time and date of the offence and the law states within 28 days of the service of this notice you must either:-

    I. Arrange for payment of the fixed penalty in full, using the payment slip below and return it to H.M.C.S., Fixed Penalty Office, TOWN. (A stamp is required)
    OR
    II. Complete and sign the relevant part of the 'Statutory Statement of Ownershipmirer' or 'Statutory Statement of Facts' overleaf and return it to the Central Ticket Office, Police Headquarters, TOWN. (A stamp is
    required). The explanatory notes will help you complete this information.

    IF YOU DO NEITHER OF THESE THINGS THE POLICE MAY APPLY FOR THE £30 PENALTY PLUS AN ADDITIONAL 50% i.e. £45 TO BE REGISTERED AGAINST YOU IN YOUR LOCAL COURT FOR ENFORCEMENT AS IF IT WERE A FINE.

    Data Protection Act 1984 -Personal data supplied may be held on and/or verified by reference to information held on computer.

    For The Chief Constable
    IF YOU WANT TO PAY THE FIXED PENALTY PLEASE SEND THIS PAYMENT SLIP WITH YOUR PAYMENT TO :
    The time stated on the letter is 00:00

    I was where they say I was on the night in question as I had gone to a pre-season friendly football match. I parked off road down a side road on grass. I did not see any no parking signs and there were no yellow lines or marks on the kerb.

    What evidence will they need to prove "circumstances which gave cause to believe the offence of parking in a no waiting area was being, or had been committed."

    There was no notice on my car when I returned to it.

    Is 00:00 time a minor mistake or grounds for not paying this ticket?

    In fact, if 00:00 is the early hours of the morning then I was not there at that time on the day they say. If 00:00 is midnight, I had actually moved the car into a nearby pub's car park by then as I had needed to call the AA out to the stupid thing.

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  2. #2
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    Default Re: Police parking ticket help need

    As far as I understand an official pcnicon or FPN has to be factual and cannot be ammended at a later stage. Therefore you may have grounds for challenging the FPN when you receive the NtO stating "the contravention did not occur". i.e. You did not park at the stated location at 00:00 (midnight)


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    Default Re: Police parking ticket help need

    Hi, sorry for being a dummy but what is a pcnicon, FPN and NtO?


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  4. #4
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    Default Re: Police parking ticket help need

    Quote Originally Posted by Alphageek View Post
    Hi, sorry for being a dummy but what is a pcnicon, FPN and NtO?
    Penalty Charge Notice (Council or Police issued)
    Fixed Penalty Notice (Police Issued)
    Notice to Owner (Received if you don't pay the ticket straight away)

    From your original post you state you have received a NtO (Notice to Owner) referring to a FPN which should have been handed to you at the time or attached to your car. The NtO you have received should give you guidance on how to challenge it (including claim "contravention did not occur")


  5. #5
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    Default Re: Police parking ticket help need

    Thank you.


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  6. #6
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    Default Re: Police parking ticket help need

    Quote Originally Posted by crem View Post
    As far as I understand an official pcnicon or FPN has to be factual and cannot be ammended at a later stage. Therefore you may have grounds for challenging the FPN when you receive the NtO stating "the contravention did not occur". i.e. You did not park at the stated location at 00:00 (midnight)
    You do not get an NTO and there has been no contravention, this is a fixed penalty notice. If you do not pay the only option is to contest the original offence in Court. The FPN is only an offer to settle out of Court any error on it has no bearing on a future Court case concerning the original offence.


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    Default Re: Police parking ticket help need

    As G&M has stated, this is not a contravention. An FPN is a criminal matter; and challenge can only take place in a Magistrates' Court.

    You very definitely have not had an NtO. What you have is a letter from the Police offering you a last chance to pay or name the driver (the driver is responsible for an FPN - not the owner).

    If you elect for a court hearing (and I'm not sure, but it may now be too late for that as you have gone beyond the 28 days permitted) then the Police evidence against you will be supplied (usually with the summons, but technically it doesn't have to be until you plead not guilty).

    You claim that you did not receive the FPN (ie it was not on the vehicle), Were there any other vehicles parked around you at the same place and did they have FPNs?


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    Default Re: Police parking ticket help need

    There were loads of other cars parked where I was, but it was belting down with rain when I returned to the vehicle and I didn't notice any other cars with tickets on them.


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    Default Re: Police parking ticket help need

    Then, if you were the driver at the time, your choices are to pay it or challenge it in Court,

    Be aware that if you are found guilty by the Court, you will have to pay at least the same amount for the fine, plus a contributionicon to costs (£35-£45 usually), plus £15 'victim' surcharge which is attached to all Court fines.


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    Default Re: Police parking ticket help need

    The area you were parking in was it clearly marked?

    Were you parking on Yellow lines?

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    Default Re: Police parking ticket help need

    Quote Originally Posted by Alphageek View Post
    If 00:00 is midnight, I had actually moved the car into a nearby pub's car park by then as I had needed to call the AA out to the stupid thing.
    Obviously after breaking down you had no where else to park! I would get confirmation from the AA that they got called out that day to you and plead not guilty as you had broken down.


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    Default Re: Police parking ticket help need

    Hi G&M. I hadn't broken down when I parked it. It was overheating whilst I was driving to the match. I thought if I let it cool down while I watched the game, it would be ok when I came out.

    The overheat warning came on as soon as I started it up again though, so I then called the AA.

    So, I can't use that as an excuse.

    As for there being clear signs or yellow lines, the only way I could say for sure would be to go and have a look. That would cost more than the ticket I would guess in fuel costs.

    I am normally pretty good about not parking where there are signs etc (this is my 1st ever ticket ), I'd just hate to think the cops thought they'd make a few quid in fines by dishing out tickets and hope that the driver/owner just pays up because, like me, it's too much hassle to drive back there and take a look at where they parked!

    They wouldn't do that... would they?


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  13. #13
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    Default Re: Police parking ticket help need

    Quote Originally Posted by green_and_mean View Post
    Obviously after breaking down you had no where else to park! I would get confirmation from the AA that they got called out that day to you and plead not guilty as you had broken down.
    Quote Originally Posted by Alphageek
    It was overheating whilst I was driving to the match. I thought if I let it cool down while I watched the game, it would be ok when I came out.

    The overheat warning came on as soon as I started it up again though, so I then called the AA.
    So you had a fault on the car and after spending sometime trying to solve it yourself (maybe pondering it greatly just co-incidentily with a football match being played in front of you and searching for car parts all over the stadium), you couldn't fix it so had to call the AA.

    Sounds like G&Ms defense still works.


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    Default Re: Police parking ticket help need

    If the car was over heating the driver should by law pull over.

    If the driver broke down in the centre of the road and had to call the AA then we'd be asking why the driver did not pull over before hand.

    Careless driving holds a standard level fine of number 4 on the level of fines scale. And the driver could get anywhere between 3-9 points on your licence. (accoring to the Fight a Motoring ticket Lawpack)

    If the driver can proove they called the AA then this would be a valid defence in a court of law in my opinion. Maybe the AA was not due to turn up for a half hour or so which is not out of the realams of possibility.

    The point the driver must prove in a court of law is why you stopped.

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