Parking in a Taxi Rank - Penalty Notice. Help please!

[joej23]

Hi,

I've just popped back from work for my lunch, and there is a parking ticket issued by Cardiff council waiting for me.

The offence is "45 parked on a taxi rank" in Tredegar Street, Cardiff. The offence apparently occurred 03/08/2010 at 20:56.

As this happened over 3 months ago, I cannot recall what I was doing at this time, and certainly not where I was parked.

There was definitely not a parking ticket on my car, as the last time I had a ticket on my car was last year.

The letter is asking for £70 as I didn't pay £35 within 14 days of receiving the ticket, obviously because I never saw the ticket! The fee will go up to £105 on 11/12/10.

I was wondering what my best possible course of action regarding this ticket is?

Cheers

[jazzyjeff]

joej23 said:

Hi,

I've just popped back from work for my lunch, and there is a parking ticket issued by Cardiff council waiting for me.

The offence is "45 parked on a taxi rank" in Tredegar Street, Cardiff. The offence apparently occurred 03/08/2010 at 20:56.

As this happened over 3 months ago, I cannot recall what I was doing at this time, and certainly not where I was parked.

There was definitely not a parking ticket on my car, as the last time I had a ticket on my car was last year.

The letter is asking for £70 as I didn't pay £35 within 14 days of receiving the ticket, obviously because I never saw the ticket! The fee will go up to £105 on 11/12/10.

I was wondering what my best possible course of action regarding this ticket is?

Cheers

Is there CCTV? If they have the contravention on tape that should show if you are guilty of the offence (or not - they may have written down the registration wrong or you may have a cloned plate situation on your hands).

Regarding the serving of the ticket, I thought the council either require photographic evidence of the ticket attached to your screen or a written log by the attending warden. Either that or if you drove off before they could attach it they would need to prove they issued you a ticket by post.
If they are unable to demonstrate a ticket was issued but there is footage showing you in the bay then I would offer to pay the reduced amount.

JJ

Edited by jazzyjeff on Friday 12th November 15:22

[jmorgan]

Is that part of the new development around the Park Inn? Just wondering if that is covered by camera's?

Sorry, not much help.

[Tyre Smoke]

Reply by recorded delivery asking for proof of the offence.

If they are unable, tell them you will look forward to their prosecution evidence in court.

You are innocent until proven guilty. They have to prove beyond resonable doubt that you are guilty.

[Dwight VanDriver]

Read Part 2 of this Joe:

http://www.legislation.gov.uk/uksi/2008/609/conten...

It used to be that PCN had to be either placed on vehicle or given to driver this changed with the above Regs which allows service by post on Camera jobs. If it is then they have 28 days to serve but can be extended to 6 months if DVLA do not supply Reg keer details promptly for them to get the ticket out in 28 days.

They may respond to your submission that ticket was placed on vehicle at time so up to you to disprove. Hope you are a good mountain climber.

dvd

[Stoofa]

Tyre Smoke said:

Reply by recorded delivery asking for proof of the offence.

If they are unable, tell them you will look forward to their prosecution evidence in court.

You are innocent until proven guilty. They have to prove beyond resonable doubt that you are guilty.

However remember that as with speeding tickets you've got no rights to "evidence" until you in effect plead not-guilty.
They don't have to prove anything before going to court - only once it gets that far do you have the right to see evidence.

[joej23]

Thanks all for the responses.

My best bet seems to be to write a letter to the council asking for evidence that I was parked there as I did not receive a ticket and it was so long ago.

[joej23]

jmorgan said:

Is that part of the new development around the Park Inn? Just wondering if that is covered by camera's?

Sorry, not much help.

Yeah it is, this the street:

http://maps.google.co.uk/maps?q=park+inn+cardiff&a...

[hairyben]

Tyre Smoke said:

Reply by recorded delivery asking for proof of the offence.

If they are unable, tell them you will look forward to their prosecution evidence in court.

You are innocent until proven guilty. They have to prove beyond resonable doubt that you are guilty.

I didn't think you could do that?

They take you to court for non-payment of the fine, not for the offence!

[insanojackson]

hairyben said:

Tyre Smoke said:

Reply by recorded delivery asking for proof of the offence.

If they are unable, tell them you will look forward to their prosecution evidence in court.

You are innocent until proven guilty. They have to prove beyond resonable doubt that you are guilty.

I didn't think you could do that?

They take you to court for non-payment of the fine, not for the offence!

not at all, he has not been found guilty of any offence, every man has a right to a fair trial for any offence.

[Mojooo]

The way my council works, I would suggest paying it and then appealing it - if you win they will fully refund you

If you delay payment whilst you appeal 2 things will possibly happen

1) you will lose and have to pay the increased amount

2) the big wheels of the council will continue to turn and they will still pursue you for the money even though you are appealing.

[Parrot of Doom]

joej23 said:

jmorgan said:

Is that part of the new development around the Park Inn? Just wondering if that is covered by camera's?

Sorry, not much help.

Yeah it is, this the street:

http://maps.google.co.uk/maps?q=park+inn+cardiff&a...

For that to be a legal parking bay, shouldn't it have terminating lines on each end? Right now it doesn't, it just merges into the pavement.

Also, the signs say "no waiting unless", but if you were parked then were you waiting?

[joej23]

Parrot of Doom said:

joej23 said:

jmorgan said:

Is that part of the new development around the Park Inn? Just wondering if that is covered by camera's?

Sorry, not much help.

Yeah it is, this the street:

http://maps.google.co.uk/maps?q=park+inn+cardiff&a...

For that to be a legal parking bay, shouldn't it have terminating lines on each end? Right now it doesn't, it just merges into the pavement.

Also, the signs say "no waiting unless", but if you were parked then were you waiting?

Hmmm, I'n not to sure on the legalities but could be a very good point.

According to the notice, a ticket was put on my car by a warden, but there was definitely nothing there when I returned. So it probably wasn't due to cctv as I first thought.