Fixed Penalty Notice

[j.wandless]

Hi

I received a hand written parking ticket which is headed as 'Northumbria Police - Fixed Penalty Notice(Non-endorsable offence)'.

Section 1 has my registration details, the street and town, the times 11.25 to 11.45 and 'on' which has been filled with the date 070706. The next section is the 'offence' with the code M1 - The vehicle was waiting in a restricted area. The officers signature, number and sector/section have been completed.

Nowhere in this section are the terms ' date issued' or 'contravention'.

 

I've been advised to deny it's validity as i haven't committed an "Offence" - parking is decriminalised. Also tickets must conform to the DoT model ticket and thus contain certain things: one of which is the "DATE OF ISSUE".

 

Can anybody help me with this - how do I go about denying the validity of a ticket and where can I find out more info about DoT model tickets.

[demon_x_slash]

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/5232-your-parking-ticket-may.html

[BotB]

I've been advised to deny it's validity as i haven't committed an "Offence" - parking is decriminalised.

 

Parking is not nationally decriminalised. Local authorities have to decide to take it over from the police. In Northumbria for example, the North Tyneside area won't be adopting decriminalised parking until April 2007 although other local authorities in the area already have. So the police may still be responsible for issuing fixed penalty notices for which you will receive a court summons if you don't pay. Its a completely different system so the thread posted above won't help you.

I'm not saying you can't challenge the fixed penalty notice, but the regulations for the decriminalised system are not the same as for the police operated system. Your right to challenge a police fixed penalty notice is in the local magistrates court and not through NPAS

[bze lizzy]

Hi

I received a hand written parking ticket which is headed as 'Northumbria Police - Fixed Penalty Notice(Non-endorsable offence)'.

Section 1 has my registration details, the street and town, the times 11.25 to 11.45 and 'on' which has been filled with the date 070706. The next section is the 'offence' with the code M1 - The vehicle was waiting in a restricted area. The officers signature, number and sector/section have been completed.

Nowhere in this section are the terms ' date issued' or 'contravention'.

 

I've been advised to deny it's validity as i haven't committed an "Offence" - parking is decriminalised. Also tickets must conform to the DoT model ticket and thus contain certain things: one of which is the "DATE OF ISSUE".

 

Can anybody help me with this - how do I go about denying the validity of a ticket and where can I find out more info about DoT model tickets.

 

 

Hi,

 

I have recently been in a similar situation to yourself in that I was given an unfair parking ticket by Euro Carparks. I work at my local railway station and was given a parking ticket for as they put it "parking illegally" although I was on railway property and clearly displayed my parking permit. I took the following steps:

 

1) I made initial contact to the company by phone and followed this up with a letter. I kept a copy of the letter and noted when I'd contacted them.

 

2) They ignored and dismissed my claim and began sending me threatening letters.

I kept copies of these too.

 

3) I went to the CAB (Citizens Advice Bureau) they contacted the company on my behalf. The notice was then put on hold while I continued to fight the decision.

 

4) I contacted the following appeal bodies:

Parking & Traffic Appeals Service (London appeals) 02077474700

National Parking Adjudication Service(England, outside London, Wales) 01612425252

Scottish Parking Appeals Service 01312210409

British Parking Association 0144447300

 

5) Finally after gathering as much info as I could and researching into it. I found I was still battling bureaucracy so I found out the number of my local MP made initial contact with his office by phone. Then sent copies of EVERY piece of correspondence in my case to him he took over the matter and got the matter resolved on my behalf.

 

It does take time but it will work out in the end.

 

Hope this helps

 

bze lizzy

[BotB]

lizzy,

 

Your situation is different again from either a police parking ticket or a local authority ticket.

You were parked on private land. That is between you and the landowner or its agent, Euro Car Parks. None of the regulations apply, its a private contract.

I'm not surprised you felt you were getting nowhere with all those appeal bodies you were writing to! There isn't one for parking on private land.

[pcr1]

If you park in a dangerous position, so as to cause an obstruction or in an area restricted in criminal law (e.g. on a clearway or road marked with double solid white centre lines) then you are liable for criminal prosecution, which will be dealt with by the police, regardless of decriminilisation of parking in the area.

 

This ticket is for a criminal offence which is why it is called a "Fixed Penalty Notice", same as those for speeding, running red lights and so on (except this one is non-endorseable).

 

Also see this thread here:

Parking Ticket

 

If you want to dispute you will have to go to court as with any other criminal offence dealt with by fixed penalty: it's a conditional offer and if you turn it down you have to be tried in court. If you believe you're not guilty then you need to be acquitted in court.

 

Not a positive answer but I hope that helps.

[dw190]

 

If you want to dispute you will have to go to court as with any other criminal offence dealt with by fixed penalty: it's a conditional offer and if you turn it down you have to be tried in court. If you believe you're not guilty then you need to be acquitted in court.

 

Not a positive answer but I hope that helps.

 

If you turn it down you will have judgement registered.

 

You MUST request a court hearing or they can register judgement. Simply ignoring it (the same as not accepting the offer) and judgement will be registered.

[j.wandless]

Thanks for the advice - I think I'd better go and pay it:mad:

[bze lizzy]

lizzy,

 

Your situation is different again from either a police parking ticket or a local authority ticket.

You were parked on private land. That is between you and the landowner or its agent, Euro Car Parks. None of the regulations apply, its a private contract.

I'm not surprised you felt you were getting nowhere with all those appeal bodies you were writing to! There isn't one for parking on private land.

 

 

Thanks for that info it helps to have yet another perspective on it. Can I actually claim the monies paid back?

 

bze lizzy

[queenjomati]

here is a good one. I live in an old house which doesnt have any off road parking. My neighbours and i have been parking outside our house for years but now we cant, apparently we cause an obstruction, but what we obstruct has yet to be defined. i have recieved 3 fixed penalty notices, which i am reluctant to pay for several reasons.

1 there are no parking retrictions in front of the house, no notices or lines.

2 several people in the village park their cars on the pavement and don't recieve a ticket.

3 the ticket jusst has Main Street as the place, however Main Street isover a mile long, so where did this offence take place.

 

We feel victimised and we wondered if the ambiquous of the place would be useful to get it withdrawn.

 

On my partners ticket they put down a date from NXT year, are they getting it in while they have a slack moment!!!!

Any advice please.

[pcr1]

Is this a Fixed Penalty Notice, for obstruction, issued by Police or Traffic Wardens, or a Penalty Charge Notice issued by the council?

 

What you are obstructing depends on the width of the road. Is there room to get a fire engine through with you parked there?

 

You may also obstruct view of/from side roads, if you're parked near one. Parking within 10m of a junction is a habit in some areas that really gets on my tits.

[lukeyboyuk]

If you turn it down you will have judgement registered.

 

You MUST request a court hearing or they can register judgement. Simply ignoring it (the same as not accepting the offer) and judgement will be registered.

 

If this matter refers to Police FPN's:

 

They cannot simply register a judgement.

 

If you do not pay the ticket then the fine is sent to the court to be dealt with.

 

If you fail to attend the case may be heard in your absence.

 

If the case is won by the crown then you will be liable to pay the original penalty plus costs. (The original penalty is increased by 50% also I think).

 

Once that is done then the court will make attempts to recover the money from you. This may include the use of baliff's to recover the money OR to take you to court to be placed before the magistrates.

 

The ticket is only likely to be £30 - If you have committed the offence then pay the ticket and get rid of it.

 

If you believe it has been incorrectly issued then write to the force concerned, you will find them very helpful if it has been incorrectly issued.

[lukeyboyuk]

here is a good one. I live in an old house which doesnt have any off road parking. My neighbours and i have been parking outside our house for years but now we cant, apparently we cause an obstruction, but what we obstruct has yet to be defined. i have recieved 3 fixed penalty notices, which i am reluctant to pay for several reasons.

1 there are no parking retrictions in front of the house, no notices or lines.

2 several people in the village park their cars on the pavement and don't recieve a ticket.

3 the ticket jusst has Main Street as the place, however Main Street isover a mile long, so where did this offence take place.

 

We feel victimised and we wondered if the ambiquous of the place would be useful to get it withdrawn.

 

On my partners ticket they put down a date from NXT year, are they getting it in while they have a slack moment!!!!

Any advice please.

 

You need to write to the ticket office for the force who issued this ticket to you.

 

The ticket appears to have been issued incorrectly - The office should cancel this.....