The problem centres on a parking ticket issue in Nottingham recently. My daughter has this car, which belongs to me, on long-term loan while she is studying at Nottingham Trent University...
I have received a Penalty Charge Notice of £60.00 under the ?owner?s liability? provisions of the RTA 1991, Schedule 6, paragraph 2(4) for £60 as a £30 parking ticket issued to this car on 12 November 2005 has not been paid. My daughter states that she did not see any notice attached to the car, and I have no reason to believe that she is not telling the truth.
Whilst my daughter freely admits to parking outside her place of work, where the ticket was issued, and I am quite prepared to pay £30.00 I am reluctant to pay double that amount as I did not know, and could not, with reasonable diligence, have been able to discover the existence of the original ticket.
I have no doubt that this excuse has been flogged to death, but, as I say, I do not think that my daughter would lie to me, and I am prepared, if necessary, to go to court in this matter. I am 65, do not dribble, and still have one good suit in my wardrobe
I need some advice here, do I offer £30.00 ?in full and final settlement?, or do I take a harder line and offer them nothing, and see just how much of the tax payers money they are prepared to throw at this.
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Hi
Firstly, welcome to the back room, I see you've just registered.
I would suggest that you contact the city council and explain your situation in full.
Advise that you would have been perfectly happy to pay the £30 fine, if you knew that it had been raised. After all your daughter obviously puts her hand up to this one.
They may suggest you enclose a letter with your payment to this effect.
The couple of times I've been involved with city councils in this respect, I have found them very co operative. Coventry CC waived a fine on the basis that I did not know that charges applied after hours, and I didn't see the signs in the car park. Believe me, a polite and understanding approach will be a breath of fresh air to them!
Good luck, and I'd be grateful if you could please let us know how you get on.
Hugo - BR Moderator
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I need some advice here, do I offer £30.00 ?in full and final settlement?, or do I take a harder line and offer them nothing, and see just how much of the tax payers money they are prepared to throw at this.
If it was me, I'd be inclined to suggest that my daughter should pay the £30, but that's a matter betwen you and her. Sorry I can't help on the lack of a ticket.
What you might want to consider, though, is the long-term loan. It may be that you have been careful and notified your insurer that your daughter is the main driver, but if not, the failure to declare that is not something you'd want coming out if proceedings got protracted. I have no idea whether the council can or would check up on the insurance status, or whether they would or could take any action if they did check up ... but you might want to be cautious about putting it in writing that the car is on "long-term loan". Safer perhaps, just to say that she has "borrowed your car"?
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The insurance company are fully aware that my daughter is the main driver. As I am considering offering myself for the Bench, misleading an insurance company is not a course of action which I would consider.
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