In January we were in London on a Sunday evening. We borrowed my MiL's car and went to see some relatives, who live in a residents parking zone. We were very careful not to park in the relevant marked residents parking bays and parked on the only other available space which is marked with single yellow lines. There are no driveways at the relative's house in which to park.
MiL has received a letter from the council alleging we received a ticket two minutes before the residents parking time expired (21:00), but there was nothing on the car when we returned and lets say we were looking for one as we had been warned about illegal activities in London of parking enforcement officers.
We have written to the council seeking the proof that we were parking illegally, but is there anything else we should be doing?
|
|
Wardens now take pictures when issuing a ticket using a digital camera. So the council should be able to provide you with a picture
|
|
|
Road Traffic Act 1991
Section 66 Parking penalties in London
(1) Where, in the case of a stationary vehicle in a designated parking place, a parking attendant has reason to believe that a penalty charge is payable with respect to the vehicle, he may?
(a) fix a penalty charge notice to the vehicle; or
(b) give such a notice to the person appearing to him to be in charge of the vehicle.
This is also confirmed by Part 6 (78) Transport Management Act 2004.
If not complied with then PCN has not been issued/served.
Some decisions on this:
www.tinyurl.com/gop9p
www.tinyurl.com/269o3z
Which should give you some ammunition should you consider going down the appeal lane?
dvd
|
Thanks
My only concern now is whether I ticked the right box. I think I ticked the box to say no offence had been committed rather that the parking attendant had been prevented from issuing the ticket directly to me and therefore was forced to post it.
|
In most of London single yellows are cool after 6.30, but there are some areas that have full parking restrictions until some absurdly late hour. If you were in one of those you may perhaps have an argument on your hands, but why would they give you a ticket for a single yellow at two minutes to nine? Or had you moved into a resident slot?
In the area of Bayswater round Queensway the residents' slots are now restricted until 10 pm or so, but single yellows are all right from 6.30.
Where were you Espada? Hoxton is another really carp area. I guess the entertainment and clubbing areas of the West End are bad too, although there are places nearby if you know where they are.
Edited by Lud on 17/02/2008 at 23:55
|
"Wardens now take pictures when issuing a ticket using a digital camera. So the council should be able to provide you with a picture "
And how many learn the easy way to adjust the internal camera clock so that they can illegally book you?
|
|
|
I was in Barnet (Edgware).
|
|
You did the right thing by ticking the "offense did not occur" box, that's the only one which really counts. Go back to the area and find out what restriction applied to the area you were parked, look for the information signs. If you can argue that the restriction was not advertised, or you were not in breach of them then you will probably win. The council will keep on saying you are liable for the fine, regardless - they say this to everyone. Refuse to pay and ask the council how to apply to the ombudsman. I think that even if you lose you will still get the option to pay the reduced fine, but I'm not sure because I've never lost!
|
|
|
|
|
|
