Parking Fine Help Please

[rude-boy]

Let’s get the ‘wasn’t me’ bit out of the way first.

Just been asked a question by a friend.

They parked their car, with a valid one day permit, in the Residents only parking outside another friends house a month or so back. They saw a warden taking photos of their car and so went out to speak to them.

It turns out that the permit had slipped slightly so that whilst you could see there was a valid permit you couldn’t make out the full registration number. Friend showed the warden but they said they had started to issue the ticket and so tough basically.

At this point my friend thought stuff this for a game of soldiers and drove off. No ticket had been printed and certainly there had been no service (ie it being put on the car.)

Yesterday he got sent a letter telling him that as he had not paid the parking fine within the 28days they were taking matters further. Again he has never received the ticket. The warden said he was writing one out but it was NEVER SERVED.

Are we (he and I) right in thinking that there is no case to answer and that as there was no service there was no ticket? Certainly he has never had any details of the ticket until the letter he received yesterday, and so no chance to do anything about paying it even if he were minded to do so.

I think that the right way to go from here is a polite letter to the council setting out the basic facts, that there was no service, and inviting them to provide him with the photographic evidence of the ticket having been served (with we know does not exist) or drop it.

Any comments or help please?

Cheers,

Edited by rude-boy on Friday 1st June 11:52

[blackvanman]

Absolutely no case to answer at all (and no need to be especially polite either - this is an illegal attempt to scam the motorist).

A PCN is only valid if handed to the driver (or person appearing to be the driver) or attached to the vehicle. Exceptions are if the attendant is prevented from serving the PCN (e.g. through intimidation) or PCNs issued as a result of CCTV surveillance.

Driving away does not constitute preventing the attendant from issuing the PCN; no valid PCN has been issued in this case and the council will cancel this immediately upon receipt of a suitably angry letter.

The council well know that driving away is valid and they will never let this go to the adjudicator as it would be one of the rare cases where the adjudicator would consider awarding costs against the council.

[this all assumes we are talking about decriminalised parking (PCNs etc.) Police traffic wardens don't have to physically serve tickets if I recall correctly.]

[rude-boy]

Thanks for that.

Yet it was one of their subbies i think, it certainly wasn't a 'Police' traffic Warden or whatever they are called these days.

[Dwight VanDriver]

Go on fill your boots.....

http://www.doc.ic.ac.uk/~wjk/parking/appeal/

There is an Act applicable to London that was brought in that stated that evidence from camera acceptable where Attendant was prevented from
or could not comply and put ticket on vehicle. But an appeal has returned to what the law originally stated.....ticket on vehicle or given to driver. If not complied with then whilst attendant cannot stop issuing ticket penalty cannot be applied. This was discussed some time ago on this forum. Can you do a search and find it?

In any reply make sure it is emphasised that it is intended to take the matyter all the way to the Parking Adjudicator.

dvd

[rude-boy]

Top marks to all and thanks for the help.

I'll let him know the good news tonight.

[Zeeky]

Depends whether or not a Notice to Owner was sent out. If it was but you, or your mate even, didn't receive it then you (or your mate) will need to make a Statutory declaration confirming this. (If it's established you/he is lying you'll get a Jeffrey Archer). Once the declaration is made the authority will issue another NtO.

If the authority hasn't issued an NtO then they are unlikely to be able to do so now.