Is this ticket lawful?

[dr.sickman]

I returned to my car, which was parked ina 'loading only' zone.

A warden was writing the final bits of the ticket. He had a colleague with him.

I rushed to the car and sat in it.

He approached me, saying 'I have to give you this.'

I replied 'I don't have to take it off you.'

By this time, I had started the car and was moving off a little.

Whilst I was moving off, he slapped the ticket onto the windscreen, obscuring my vision. It was a self-adhesive ticket.

I drove off anyway, without removing it.

What do you reckon is my position on this matter, anyone?

[7db]

You contravened CUR by driving whilst your forward view was obscured. He properly served his ticket.

[dr.sickman]

7db said:

You contravened CUR by driving whilst your forward view was obscured. He properly served his ticket.

It's what I feared. I guess I pay then. Meh...

Thanks though.

[flemke]

7db said:

You contravened CUR by driving whilst your forward view was obscured. He properly served his ticket.

Irrespective of the parking offence itself...
If it is illegal to drive when the driver's vision is obscured, then would it not be illegal to obscure a driver's vision whilst a car is in motion?

[Zeek]

dr.sickman said:

7db said:

You contravened CUR by driving whilst your forward view was obscured. He properly served his ticket.

It's what I feared. I guess I pay then. Meh...

Thanks though.

Remember to depart in reverse next time!

[felixd94]

if ticket was not printed before you returned he should not have issued it .also he blocked your vision worse by putting ticket wherever he put it .take it to court ex traffic cop|||||||||

[dr.sickman]

Aha!. I think we are on a winner. But I thought parking tickets were the only ones you could not take to court?

[H_Kan]

Have done a little research on this after being ticketed myself. They can now issue a ticket through the post if you drive off.

My understanding is, you should have taken it off him, as it would have meant it wasn't served properly as you have to attach it to the windscreen.

[streaky]

H_Kan said:

Have done a little research on this after being ticketed myself. They can now issue a ticket through the post if you drive off.

My understanding is, you should have taken it off him, as it would have meant it wasn't served properly as you have to attach it to the windscreen.

Sorry to say, but your statements are contradictory. Also, AFAIK, there are only some (limited) parts of the UK where a parking ticket can be issued other than by placing it on the windscreen (mostly London boroughs). There is a proposal to change this - and to move the hearing to appeals to the issuing authority (!) - and this might become law (via a Statutory Instrument) in the near future - Streaky

[vonhosen]

felixd94 said:

if ticket was not printed before you returned he should not have issued it .also he blocked your vision worse by putting ticket wherever he put it .take it to court ex traffic cop

Then you'd know that parking tickets have been decriminalised & don't go to court.

[UpTheIron]

dr.sickman said:

I returned to my car, which was parked ina 'loading only' zone.

You got caught. Pay up.

[Dwight VanDriver]

Sorry for the delay Doc but my second brain box is playing up.

Under Transport Act that now controls the issue of PCN (previous RTA 91) then it stipulates that ticket has to be either affixed to the vehicle or given to the driver. If not then it hasn't been served and invalid.

TFL (Consequential Provisions) Order 2005 provides PCN can be valid served by post on basis of camera information (yellow boxes) or where warden is prevented from issuing ticket (physical intimidation). Neither seem to apply in your case. You merely drove off.

I would refer you to the case TFP v Simeon Ademolake (2007)who also drove off before ticket affixed/handed to driver and was so charged. He appealed and won.

http://driving.timesonline.co.uk/tol/life_and_styl...

also

http://www.parkingandtrafficappeals.gov.uk/newslet...

go to the Spring 2007 newsletter and see the case as outlined by PA.

From this you will see that you should have grounds for appealing your case - right to the end if necessary.

Things will change in March next year when new more stringent rules are to be introduced and this loophole closed.

dvd

Edited by Dwight VanDriver on Monday 17th December 09:04

[tigger1]

dr.sickman said:

I returned to my car, which was parked ina 'loading only' zone.

A warden was writing the final bits of the ticket. He had a colleague with him.

I rushed to the car and sat in it.

He approached me, saying 'I have to give you this.'

I replied 'I don't have to take it off you.'

Damn your quick-wit...you should have just driven off.

That said (notwithstanding the fact you were illegally parked by the sound of it) - the warden ticketed a moving vehicle...see DVD's post.