Parking Fine for having a puncture

ohreally

wazza wrote:

i think for future carry a can of tyre weld in the boot. available from halfords etc. when you have a punture simply attach to air valve and press button. it fills the tyre up with foam which eventually sets and plugs the hole. it is a short term fix.

Tyreweld is a 'get you home' measure only and certainly not a permanant puncture repair. If memory serves i seem to recall a warning printed in small print on the can that once inflated with tyreweld the tyre would be unable to have a proper repair carried out. If you tyres are of an expensive size/type, it may be a costly mistake to use this type of product.

wazza

ohreally wrote:

Tyreweld is a 'get you home' measure only and certainly not a permanant puncture repair. If memory serves i seem to recall a warning printed in small print on the can that once inflated with tyreweld the tyre would be unable to have a proper repair carried out. If you tyres are of an expensive size/type, it may be a costly mistake to use this type of product.

i did mention short term. if you have a punture at high speed there is a chance there may be some internal damage occured when you come to a rest.

you have to balance between cost of tyre and your safety if on hard shoulder.

unfortunately the way this post is going it will be a cheaper option than paying the parking fines and probable court costs

dchurch24

For the record, it was an ECN.

dchurch24

That's not a bad idea that tyreweld stuff - especially for motorways. I wouldn't fancy changing a wheel on the hard shoulder either!!

greenwich

Bossyboots wrote:

In any event, the link is quite clear that pay and display parking not a matter for the NPA.

dchurch has confirmed that it was an ECN so you are quite right that it falls to be enforced in the magistrates court and what I said about NPAS was not applicable. However, the link doesn't actually say that pay and display is not a matter for the NPAS. What it says is that ECNs may be issued for pay and display contraventions and they are not a matter for the NPAS. Saying that is not just pedantry because a PCN can also be issued for codes 06 and 83 "Parked without clearly displaying a valid pay & display ticket or voucher" (http://www.parking-appeals.gov.uk/IveReceived/PCNCodes.asp) and PCNs are dealt with by NPAS. It appears that whether you get a PCN or ECN depends on which part of the kingdom you are in.

Phew! I am glad we got that cleared up.

waster_2

Bossyboots wrote:

This is going to be an on street parking notice so it is enforced in the Magistrates Court. It cannot be referred for adjudication either. "Broken down" or not, the vehicle was left in a pay to park bay and there is simply no defence to the parking ticket. As greenwich says there would have to be a regulation stating that broken down vehicles were exempt and then proof would need to be shown that the regulation applied in this case.

I think it would be very unwise to let this matter progress any further. The council will ask for the costs of bringing the matter to court which they are pretty much guaranteed to get, increasing the cost of this mistake significantly.

I thought that this was a PCN (Penalty Charge Notice) issued by the Local Council parking attendant under the decriminalised powers they have under the Road Traffic Act 1991 and not a FPN (Fixed penalty Notice) issued by the police or traffic wardens. This is the legislation that most parking regulations are now unforced under by local authorities as it enables them to “pocket” the monies they recieve? In which case it will go through the parking adjudication procedures applicable to the area where the offence was committed. I would be very surprised if this was a FPN enforceable through the Magistartes Court.

Additionally, the law use to be that the vehicle had to be capable of being driven and motorised to be committing an offence. Clearly a car with a puncture cannot be driven. Whether that part of the still applies I am not 100% certain. But it would make sense if it did, otherwise if your car breaks down with say a ceased engine and cannot be moved your are potentially liable to be ticketed when you are unable to remedy the situation. Forget where the vehicle was parked, it just as easily could have been on a (double or single) yellow line and what would a lot of your responses have been then when there was no way to make the situation “legal”? What they have been fair and just? The law use to recognise this and broken down vehicles were “exempt” from the parking provisions prevailing. However, with the money grabbing councils in charge of parking enforcement, that provsion may have disappeared, although IMO, it would be sensible if it was still applicable. Your problem may be in not getting any evidence from the tyre company to coroborate your story. Even a nil reciect for the work would have been useful.

waster_2

Oops, just seen confirmation further down that it was an ECN not a PCN, so Magistrates Court it is. However, that may be better news as I think you should spend a bit of time looking for the legisalation that deals with parking and broken down cars. If I am corrct you couild then contest the noticew on the grounds that it wa incorrctly issued. But you must get soem evidence forem the tyre repair company to back up your version of events.

littlejaffa

there was a car broken down on a really busy intersection in edinburgh (where ticket inspectors are vvvv zealous) and it had a cardboard sign in the window saying 'electrics broke please don't tow me' it sat (very badly parked/pushed) at the side of the road on double yellow and blocking part of the junction for two days without being towed, till the driver came and got it - seems to depend what part of the world your in.

but...being devils advocate...why did all four of you have to go and look for the tyre fixer, why couldn't you and your kids stay with the car while your partner went or something similar? there's to many reasons your story & claim won't hold water, and you could have easily let the tyre down after the ticket. I'm not saying you did. But some people would and that means your picture of the puncture isn't solid proof.

ohreally

littlejaffa wrote:

but...being devils advocate...why did all four of you have to go and look for the tyre fixer, why couldn't you and your kids stay with the car while your partner went or something similar?

http://forums.moneysavingexpert.com/showpost.html?p=1026487&postcount=22