Lambeth parking ticket - drove off before issued
Discussion
So we were cutting it fine on our £3 for one hour parking in Lambeth. Sure enough warden was there when I returned with a load, hopped in the van and before he could stick the ticket on the screen (but not before he could say "I've got oyur ticket ready for you"), I drove off. Avoiding his bike which was obstructing the public highway (but quis custodet custodies in any case?).
It's a rental van -- so if he tried to issue the ticket (oh it must have blown off) -- the rental company will pay and pass on to us with a £50 surcharge.
What can I do? I have no ticket to pay, and I might be looking at £150 for loading on or around the time at which the ticket ran out (i don't have exact timings).
Can they issue a ticket without sticking it to the van?
DVD help me!? :)
It's a rental van -- so if he tried to issue the ticket (oh it must have blown off) -- the rental company will pay and pass on to us with a £50 surcharge.
What can I do? I have no ticket to pay, and I might be looking at £150 for loading on or around the time at which the ticket ran out (i don't have exact timings).
Can they issue a ticket without sticking it to the van?
DVD help me!? :)
Ok - if the warden didn't give you the ticket in person or stuck it on the van - then it's not issued.
However as is often the case - the warden will put it through anyway.
So you need to tell the rental company that a warden was in the middle of writing it out - but it wasn't issued and they'll have to protest it (if it turns up)
I've had 5 or so tickets come through in this situation and I've protested everyone based on the grounds that it wasn't issued and if the warden had issued it correctly he/she would of had time to make a note of the tax disc number (as they have to do that as well)
And I've won every appeal
7db
Lambeth? - thats Landan innit?
Under normal circumstances elsewhere I would say you were on a winner as the Parking Attendant had not FIXED the ticket to the vehicle or HANDED it to you. Both these being grounds for declaring the ticket void.
But - see my comments on Woof's post about Transport for London being legally in the right to issue tickets from CCTV evidence under the London Local Authorities Act 200 as amended by The Transport for London (Consequential Provisions ) Order 2005. In this amendment it also states they have the power to issue tickets where a Parking Attendant is prevented from issuing a ticket. The 2005 Order applies as well to the London Borough Councils.
Nothing ventured nothing gained. Consider invoking the appeal procedure. LA will write back saying pay but should indicate that you can take it further to the Parking Adjudicator and you should do so. I understand that he is more sympathetic than the LA and will look at it from the legal side as opposed to the financial.
Dont dilly dally with the paperwork as the fine increases after a number of days but that is put on hold during the appeal process.
Dont forget to liaise with the Rental Company as they will be getting the first ticket and may pay and deduct from your account. Get them not to pay and let you have the ticket so that you can be involved as the driver and let the Hire Co off the hook if you get what I mean.
dvd
>> Edited by Dwight VanDriver on Thursday 13th October 20:49
Lambeth? - thats Landan innit?
Under normal circumstances elsewhere I would say you were on a winner as the Parking Attendant had not FIXED the ticket to the vehicle or HANDED it to you. Both these being grounds for declaring the ticket void.
But - see my comments on Woof's post about Transport for London being legally in the right to issue tickets from CCTV evidence under the London Local Authorities Act 200 as amended by The Transport for London (Consequential Provisions ) Order 2005. In this amendment it also states they have the power to issue tickets where a Parking Attendant is prevented from issuing a ticket. The 2005 Order applies as well to the London Borough Councils.
Nothing ventured nothing gained. Consider invoking the appeal procedure. LA will write back saying pay but should indicate that you can take it further to the Parking Adjudicator and you should do so. I understand that he is more sympathetic than the LA and will look at it from the legal side as opposed to the financial.
Dont dilly dally with the paperwork as the fine increases after a number of days but that is put on hold during the appeal process.
Dont forget to liaise with the Rental Company as they will be getting the first ticket and may pay and deduct from your account. Get them not to pay and let you have the ticket so that you can be involved as the driver and let the Hire Co off the hook if you get what I mean.
dvd
>> Edited by Dwight VanDriver on Thursday 13th October 20:49
Thanks DVD!
An occupational risk, I'm afraid, going south of the river.
Only prevented by dint of the fact the van wasn't parked illegally for long enough. He had to move his bike for me to drive off.
Would write to the immediately -- but obviously I don't have a ticket or details yet - as nothing stuck to car. I have written to the Hire Company already.
Of course, strictly, they are liable, not me, as keepers are responsible not drivers. But I have indemnified them in my rental agreement.
Dwight VanDriver said:
Lambeth? - thats Landan innit?
An occupational risk, I'm afraid, going south of the river.
Dwight VanDriver said:
In this amendment it also states they have the power to issue tickets where a Parking Attendant is prevented from issuing a ticket. The 2005 Order applies as well to the London Borough Councils.
Only prevented by dint of the fact the van wasn't parked illegally for long enough. He had to move his bike for me to drive off.
Dwight VanDriver said:
Dont dilly dally with the paperwork as the fine increases after a number of days.
Would write to the immediately -- but obviously I don't have a ticket or details yet - as nothing stuck to car. I have written to the Hire Company already.
Of course, strictly, they are liable, not me, as keepers are responsible not drivers.
But I have indemnified them in my rental agreement.7db said:
Woof - thanks for that. Were they issued in London? (where parking is ironically "de-criminalised"
hi - chelsea and westminster
In fact i have to applaud them in the way they handle appeals. ie. you can appeal and it goes to an independant review system. (unlike the congestion charge that just gets passed to a baliff ! )
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