QUESTION RE TRAFFIC WARDENS....
Discussion
If I am illegally parked and return to my car to find a traffic warden issuing a ticket; but get in the car and drive off prior to the warden affixing in the ticket to my car..... has the ticket been legally issued ?
I seem to recall that they have to stick it on the vehicle in order to correctly 'issue' the ticket.
I seem to recall that they have to stick it on the vehicle in order to correctly 'issue' the ticket.
Not sure about council wardens etc...
but police traffic wardens or the PCSOs don't have to put the ticket ON the car...ie: if you drive away beforehand, the summons can be sent in the post...
However, PCSOs have the power to stop vehicles in certain circumstances and failure to obey, could result in penalty points etc.
but police traffic wardens or the PCSOs don't have to put the ticket ON the car...ie: if you drive away beforehand, the summons can be sent in the post...
However, PCSOs have the power to stop vehicles in certain circumstances and failure to obey, could result in penalty points etc.
)If it is a council parking attendant then, to be valid, the ticket must be either handed to the driver or fixed to the vehicle. If you subsequently get a Notice to Owner you should write to the issuing council, explaining the situation, and ask for it to be cancelled. If they will not cancel it then appeal. Although the adjudication services do not categorise types of appeal anecdotal evidence suggests that between a third and a half of all appeals are for this reason.
However, if you return to find a police officer or traffic warden in the process of issuing a ticket then, if you drive off, the ticket can be sent to you as they enforce under different legislation.
(www.parkingticket.co.uk) FAQ.
However for those in London The Transport for London (Consequentional Provisions) Order 2005 in force from 14.2.2005 will allow T for L to serve penalty charge notices for parking contravensions on GLA roads and side roads on the basis of CAMERA information and where a Parking attendant is prevented from issuing a notice.
DVD
However, if you return to find a police officer or traffic warden in the process of issuing a ticket then, if you drive off, the ticket can be sent to you as they enforce under different legislation.
(www.parkingticket.co.uk) FAQ.
However for those in London The Transport for London (Consequentional Provisions) Order 2005 in force from 14.2.2005 will allow T for L to serve penalty charge notices for parking contravensions on GLA roads and side roads on the basis of CAMERA information and where a Parking attendant is prevented from issuing a notice.
DVD
I won't recommend that if you keep walking and return say 5 minutes later once the warden has gone, you could let the case go to court if you don't get a NIP in the interim. In court the onus is on them to show who parked the vehicle there - evidence they will not have.
The big question is: Is it worth it what with loosing 1/2 days pay etc ?.
I had my local one try to do me for obstrucion outside my own house but because she made no attempt to establish who'd parked the car there, I was advised by the prosecution lawyer to plead "no case to answer" and the case was dismissed. ONLY provable costs could be claimed - NOT loss of income.
Hi
I've taken Westminster council to arbitration a few times.
Basically if they haven't put the ticket on the car nor given it to you - then it ain't issued.
Of course we could all say this but the key point is that they should make a note of the tax disc number.
So you could make an objection based on the grounds that they didn't issue a ticket and if they had time to write the ticket out and place it on the car they would also had to the time to make a note of your tax disc number.
Works for me
Of course most councils have a method of objecting to parking tickets - where as CC London just fine you - and you can't raise any objections to it unless you have it witnessed by a JP or solicitor etc etc
Bast**ds
I've taken Westminster council to arbitration a few times.
Basically if they haven't put the ticket on the car nor given it to you - then it ain't issued.
Of course we could all say this but the key point is that they should make a note of the tax disc number.
So you could make an objection based on the grounds that they didn't issue a ticket and if they had time to write the ticket out and place it on the car they would also had to the time to make a note of your tax disc number.
Works for me
Of course most councils have a method of objecting to parking tickets - where as CC London just fine you - and you can't raise any objections to it unless you have it witnessed by a JP or solicitor etc etc
Bast**ds
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff