Incorrect Parking Ticket
Discussion
A bit of legal advice please if anyone has any knowledge. I received a parking ticket for parking in Wandsworth in a residents parking area for which i do not have a permit. I did, however, have a visitors permit displayed which must have blown onto the floor (the roof was down). I appealed, in writing, and was told to cough up. Rather than challenge it I decided to pay and rang the automated telephone line. The computer read my number plate out incorrectly so I put the phone down looked at the original ticket and had a beer to celebrate the traffic wardens mistake. The ticket read TI *** not T1 **. The letter received said that if I didnt pay they would write to the registered owner (which is different to the address I am living at). Today i received a letter at my current address not the registered address saying I have to pay. My question is am I required by law to pay a parking ticket that is written out with the wrong registartion number on it? Cheers for any help.
Not sure on whether the reg no makes the ticket invalid. But I have challenged every parking ticket I have had in a residents bay (3 in 18 months for various errors) and have never had to pay one of them.
Write to the council address on the ticket and protest because you had a permit. If they do not accept, write another letter again explaining the situation and that you have the permit still in your possession as evidence. After the second letter if they are still persisting they tend to send a letter saying "we will not accept any further correspondence follow procedure on notice to owner". SO write again protesting this as you had a valid permit and you do not accept their bullying tactics of refusing correspondence (add for good measure that the increase fine is an unfair means to stop you exercising you legal rights
).
This letter tends to be unanswered!! So wait for notice to owner fill in all the circumstances and send copies of all letters.
Good chance of cancelling (if they haven't already)
Enjoy it!
Write to the council address on the ticket and protest because you had a permit. If they do not accept, write another letter again explaining the situation and that you have the permit still in your possession as evidence. After the second letter if they are still persisting they tend to send a letter saying "we will not accept any further correspondence follow procedure on notice to owner". SO write again protesting this as you had a valid permit and you do not accept their bullying tactics of refusing correspondence (add for good measure that the increase fine is an unfair means to stop you exercising you legal rights
). This letter tends to be unanswered!! So wait for notice to owner fill in all the circumstances and send copies of all letters.
Good chance of cancelling (if they haven't already)
Enjoy it!
As far as I can remember on the Notice to Owner it give you the opportunity to explain why you believe a ticket is not valid.
I think the only tick box exceptions were that you were a hire company and the car was hired out.
I think the owner is liable for the fine irrelevant who had the car (unlike NIP - driver only).
Will check if I have a copy of form and add anything else.
I think the only tick box exceptions were that you were a hire company and the car was hired out.
I think the owner is liable for the fine irrelevant who had the car (unlike NIP - driver only).
Will check if I have a copy of form and add anything else.
I have my NtoO. There are only 7 grounds on which you can challenge it. They are:
1) You were not the owner at the time of the contravention.
2) The contravention did not occur.
3) The vehicle was taken without your consent
4) The parking designation order was invalid.
5) You are a hire firm and the vehicle was on hire.
6) The penalty charge exceeded the amount applicable.
7) The parking attendant was not prevented from serving the penalty charge notice by fixing it to the vehicle or by giving it to the person who appeared to him to be in charge of the vehicle.
Hope this helps you..it doesnt help me though!!
1) You were not the owner at the time of the contravention.
2) The contravention did not occur.
3) The vehicle was taken without your consent
4) The parking designation order was invalid.
5) You are a hire firm and the vehicle was on hire.
6) The penalty charge exceeded the amount applicable.
7) The parking attendant was not prevented from serving the penalty charge notice by fixing it to the vehicle or by giving it to the person who appeared to him to be in charge of the vehicle.
Hope this helps you..it doesnt help me though!!
Helipilot it helps a lot. Thanks. I know how to deal with it now.
Maybe the car broke down or the lines were poorly maintained or damaged so you didn't believe a restriction was in force. Perhaps because of that you didn't look for a time plate on a nearby wall or post. If you don't know about the restriction then you may be ok. I heard that if you get a ticket you could phone a breakdown company for a callout and then cancel it if you get the car started. For emergencies only though.
No 2 looks promising, have you typed out 7 correctly? My understanding is that you should drive off before they stick it on the car. Don't stand there arguing about it while he writes it out.
>> Edited by boosted ls1 on Wednesday 14th May 21:22
Maybe the car broke down or the lines were poorly maintained or damaged so you didn't believe a restriction was in force. Perhaps because of that you didn't look for a time plate on a nearby wall or post. If you don't know about the restriction then you may be ok. I heard that if you get a ticket you could phone a breakdown company for a callout and then cancel it if you get the car started. For emergencies only though.
No 2 looks promising, have you typed out 7 correctly? My understanding is that you should drive off before they stick it on the car. Don't stand there arguing about it while he writes it out.
>> Edited by boosted ls1 on Wednesday 14th May 21:22
Parking offences are notoriously dependent on the smallest detail. The offence is often one of failing to display a permit, rather than have one. So it blowing on the floor is too bad.
Differences in registration create doubt as to which vehicle committed the offence. 1 and I are usually obvious, so little doubt "I" was a mistake, should be 1, therefore your car, therefore your ticket. I used on NI plates, unless you reg is T152... so could be TI 52, etc. By all means argue it, but the time involved, over the cost of payment, can be very lengthy.
If you do argue it, then option 4 is possible, but need to check adequate signs, original road parking order, etc. 2 is the easiest option - You say permit was there, warden says it wasn't. You then produce permit at hearing to prove at least it exists and it's all a matter of credibility. Say it blew down and you lose - beware !!
Helpful if permit has registrastion etc rather than a generic one, which is less credible - it could be anybody's.
Did a mate, who you were visiting, see you off ? Did they happen to notice permit ? Perhaps comment it looked loose ?
Differences in registration create doubt as to which vehicle committed the offence. 1 and I are usually obvious, so little doubt "I" was a mistake, should be 1, therefore your car, therefore your ticket. I used on NI plates, unless you reg is T152... so could be TI 52, etc. By all means argue it, but the time involved, over the cost of payment, can be very lengthy.
If you do argue it, then option 4 is possible, but need to check adequate signs, original road parking order, etc. 2 is the easiest option - You say permit was there, warden says it wasn't. You then produce permit at hearing to prove at least it exists and it's all a matter of credibility. Say it blew down and you lose - beware !!
Helpful if permit has registrastion etc rather than a generic one, which is less credible - it could be anybody's.
Did a mate, who you were visiting, see you off ? Did they happen to notice permit ? Perhaps comment it looked loose ?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff