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Hi all, could someone please give me a bit of advice? About 3 months ago i recieved a parking ticket for allegedly parking in my local town without a ticket! Now, i HAD bought a ticket for that day and obviously threw it away when i got home because there was NO WAY i had a parking ticket letter from any warden that day, imagine my suprise when 3 months later i got a letter through the post telling me i must pay up for my offence!! I wrote back explaining that i wasn't given a ticket on the day in question otherwise i would have produced my ticket there and then!! They sent me a letter asking me to show the ticket that i had bought so i explained that i have, obviously, no longer got the ticket!! They now tell me that i am being took to court!! PLEEEEASE help................- Craig
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
Have you still got the ticket that you were sent three months ago? If so, can you scan and put it on here (with any personal details edited out) or reproduce word for word what is on the ticket (again without including personal stuff).
Who issued the ticket - a private parking company, local authority parking attendant? Was anything put on the vehicle at the time? Have they sent a photo of your vehicle parked in contravention? How are they planning to take you to court?
Depending on these answers there is a possibility that the ticket may be invalid. It is not reasonable for them to ask for production of your pay and display ticket after this period, but it is reasonable that they should be able to provide adequate proof that the contravention occurred.
It's also reasonable for you to request details of any GPS devices the issuing officer may have had on them. This includes locatory devices like personal radios or mobile phones. This can track the officer within 50 yards (min). They are reluctant to provide this. Is there still a 5 minute / 10 minute rule? With all letters I have sent, I have requested details of the itinerary of the officer involved and identification. What's the problem with this provision?
Hi,just to answer a few questions: My latest letter from the council goes like this: PROSECUTION UNDER THE ROAD TRAFFIC REGULATION ACT 1984 EXCESS CHARGE- PAY AND DISPLAY
I AM INSTRUCTED BY ****** TOWN COUNCIL TO ACT IN THE ABOVE MATTER
YOU HAVE BEEN IDENTIFIED BY THE REGISTERED KEPPER OF VEHICLE REG *** AS THE DRIVER OF THE VEHICLE ON 12 AUGUST 2006. ON 13 NOVEMBER 2006 YOU WERE SENT A NOTICE UNDER SECTION 112 OF THE ABOVE ACT ASKING YOU TO PROVIDE INFOMATION AS TO THE DRIVER OF THE VEHICLE ON THAT DATE. I ENCLOSE A COPY OF THE NOTICE. I AM ADVISED BY *** TOWN COUNCIL THAT YOU HAVE NOT RESPONDED TO THE NOTICE AND I HAVE BEEN INSTRUCTED TO BEGIN PROCEEDINGS AGAINST YOU IN THE MAGISTRATES COURT. I SHALL THEREFORE APPLY TO THE COURT FOR A HEARING DATE AND CONTACT YOU AGAIN IN DUE COURSE. IF YOU WISH TO DISCUSS THE MATTER PLEASE CONTACT ME ON THE ABOVE NUMBER.
Now, i have previously written to the court to tell them that i obviously no longer have the ticket from that day as why would i? I had no parking ticket from anyone on my car that day so why would i have? My argument is that the first iv heard of all this was a letter through the post telling me to pay up!! I rang the number on the letter on friday afternoon and was told the lady in question was not available so i asked the girl on the phone to leave the message that was obviously not getting through to the- I NEVER RECIEVED A TICKET ON MY CAR ON THE DAY IN QUESTION TO INFORM THAT I HAD NOT GOT A VALID 'PAY AND DISPLAY' TICKET!! (and i HAD bloody bought one that day too!! GRRRRR!!) Can anyone please please help me as i dont want to go to court to pay for something i haven't done!! -Craig
Do you know the exact time you was on the car park, if so ask them does the machine record it and did it dispatch a ticket at that certain time, if they say the machine has no record of it then say neither have i, ime sorry but i dont keep car park tickets as souvenirs for years in case twelve months up the line someone askes me to produce it, be fair do you?....see them in court youll win...
Hi, well iv got a rough idea of what time i was there, im fairly certain that the warden/council urchin only did a hand written ticket and not a digital one (my town is very behind the times like that!!), what do you think??
Craigten, not really my subject this - just learning as I've received 3 tickets recently in the same area. W would persist with the Council, if nobody is available, tell them you have phoned several times and insist on speaking to somebody about this. Pin them down to a definite time you can speak to somebody. Presuming you do not have a copy of the ticket, insist that they send a copy. At the bottom of your letter put the words "I reserve the right to bring this and previous requests to the attention of a Court should any action be brought in this matter". Some of the other guys on here can help a lot more.
What they are pursuing you for is not a parking fine (or more correctly excess charge) but for failing to provide the name and address of the driver This is far more serious.
Apologies Pat, I know this is your forte. I have heard that there are a couple of cases going through the European Courts at the moment with respect to a right to privacy, and the necessity for you to have to name the driver.
Also, years ago, my brothers car was searched when they failed to get him on drink driving (simply stopped him) without reason (wrong place, Saturday night), and (can't confirm) but seem to recall that his car was classed as 'premises'.
For trespass there needs to be damage. If your windscreen wiper has been moved, was there erosion?
What is the difference between a mobile home, caravan, converted vehicle or car. Which are premises?
Has trespass taken place? Where a sticker has been placed on your windscreen, could your windscreen have been damaged? Could they have caused damage? This must also apply to clamping.
Apologies Pat, I know this is your forte. I have heard that there are a couple of cases going through the European Courts at the moment with respect to a right to privacy, and the necessity for you to have to name the driver.
However, although the case has been heard, judgement is yet to be handed down. Until then both S172 and S112 stand and you can be fined upto £1000 upon conviction.
Also, years ago, my brothers car was searched when they failed to get him on drink driving (simply stopped him) without reason (wrong place, Saturday night), and (can't confirm) but seem to recall that his car was classed as 'premises'.
Police can stop a vehicle at any time for a document check - they need no other reason. If they then think that the driver has been drinking, they may adminster a breath test. To search the vehicle, they need only reasonable suspicion, and on request, provide a written record of this.
Ok, this is the latest: i spoke to the lady who sent the letter, i explained that i have already admitted that i was the driver and have written to my local council to tell them this, she said that they didn't mention this to her and that it changes things, for me not to worry about any immediate action and she will contact me again as to what happens next!! She seemed quite understanding, so what id like to know now please, is where do i stand about the problem that i DID buy a ticket for that day but obviously didn't keep it and neither did i recieve any notification on my car that id been 'done' by a traffic warden/ticket inspector!! Really need your help on this one people .....
Craigten, you could ask them for any evidence they have with respect to this. Do they have a photo? Also ask whether the Warden was carrying a mobile phone, or other locatory device. They must carry a radio or phone to be able to summon help.
Don't forget, THEY are under obligation to prove you were there, not the other way around.
They may do this by providing photographic evidence or a statement from the Warden. You could then provide a statement to say where you were at the time or a decleration that you weren't.
Craig V. Unfair Parking Ticket?
for allegedly parking in my local town without a ticket! Now, i HAD bought a ticket for that day and obviously threw it away when i got home because there was NO WAY i had a parking ticket letter from any warden that day, imagine my suprise when 3 months later i got a letter through the post telling me i must pay up for my offence!! I wrote back explaining that i wasn't given a ticket on the day in question otherwise i would have produced my ticket there and then!! They sent me a letter asking me to show the ticket that i had bought so i explained that i have, obviously, no longer got the ticket!! They now tell me that i am being took to court!! PLEEEEASE help................- Craig
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Re: Craig V. Unfair Parking Ticket?
Originally Posted by TideTurner
