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I got an FPN parking ticket off the police,i think and i was wondering if it is unlawful as it doesn't state,date of notice or date of contravention on the ticket,
Please could some1 help me.
If it was from the Police, then it is an FPN and this is only an offer to settle rather than attend Magistrates' Court for the alleged criminal offence.
Any attempt to argue an FPN will usually be met with "See you in Court"
So is an FPN unlawful if it doesn't av date of notice or date of contravention on it.
Please can some1 help me on this as im in court on friday 19th of jan 2006.
I would advise you to look for information on the particular statute that the ticket is issued under as their are various reasons that a ticket may be challenged, eg, If the lines are broken or unterminated etc, or if the ticket has not been filled out correctly. If there is any question about the lines, I used the Department for Transport website to study the Traffic Signs Regulations and General Directions 2002.
Unfortunately My experience relates to Lines not meeting requirements.
Ticket discrepencies are something I am yet to study
So is an FPN unlawful if it doesn't av date of notice or date of contravention on it.
Please can some1 help me on this as im in court on friday 19th of jan 2006.
As I tried to tell you above; no, it is not unlawful.
A pcn is a legal document notifying you of a penalty charge and is described in statute. It is a record of fact. It, in effect, says "pay up or you will be sued for the money".
An FPN is simply an offer to avoid a Court appearance. FPNs can be issued for many reasons, not just parking. The FPN is not a record of fact - the officer's statement to the Court fulfills this purpose. A FPN says " You are being reported for an offence, if you wish to admit it and avoid Court, pay up. Otherwise your case will be heard in a Magistrates' Court ; your guilt and liability will be decided there"
The interesting question is if you admit it and pay up, why has an offence then not been recorded against you (as is the case if you pay up instead of going to court).
I'm wondering if it might be legally possible to claim your money back later on, on a technicality, e.g. no offence has been recorded against you so can you have your money back please?
Hi,
I'm sure that an FPN is a non-recordable offence. Its not classed as a criminal offence so you would not have a convition recorded against you.
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The interesting question is if you admit it and pay up, why has an offence then not been recorded against you (as is the case if you pay up instead of going to court).
I'm wondering if it might be legally possible to claim your money back later on, on a technicality, e.g. no offence has been recorded against you so can you have your money back please?
Even if you do go to Court (and lose), it is a non-recordable offence - like speeding.
Like speeding, you cannot later say that you want your money back because you don't have a criminal record.
Parking ticket,is it unlawful
off the police,i think and i was wondering if it is unlawful as it doesn't state,date of notice or date of contravention on the ticket,
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Originally Posted by oddjob
