Parking Ticket Issued when I wasnt there!

Baby_A

Hi

After some advice......

I stopped in a box where you are allowed to stop between 10-4 at 5.50pm (admitedley my fault), literally for 2 minutes. My husband went to the cashpoint and I was sat in the car, a traffic warden came within secounds and asked me to move, so as I got out to move to the drivers seat my husband came back and got in and the warden saw us go without even mentioning anything about a ticket being issued or even trying to stop us.

We have now received a ticket through the post saying as we didnt pay the £40 in 14 days £80 is now due. I never had a ticket in the first place. I moved as soon as I was asked.

Am I in a position to argue this, or as I was in a place where I shouldnt have been its my fault, even though no ticket was issued with my presence? Aren't the wardens supposed to take a photo of the ticket on the vehicle as their evidence, as this wasnt done.

Any views? Thanks

withabix

I beleive they have to take a photograph of the ticket on the vehicle now, as otherwise they cannot challenge any appeal against the ticket.

The wardens probably need to submit photographs to earn their productivity bonus and Jobsworth-of-the-month Award...

CrazyChemist_2

I think they do need to photograph the vehicle with the ticket attached. You should appeal. Good Luck

Baby_A

Should I be honest in my appeal, or will they just turn around and say that you shouldnt have stopped there regardless?

Considering saying I was never there, as no evidence is there to prove I was.

I am so annoyed, the warden didnt even say anything!!

Wig

I believe the photograph is only a requirement in London. Possibly outside London too as long it was not a yellow band traffic warden.

If it is a yellow band they do not have to issue the ticket & they do not need a photo, but the ticket has to be served through the post within 14 days afaik.

The fact that you did not recieve a ticket served on you on the day and not later through the post, means in law you should not have to pay. And you certainly should not have to pay the higher 80 pound non payment fee.

Proving it in court is, however, a different matter. But if you believe in what is right then go before the beak and give your side of the story and let the magistrates decide.

Baby_A

Wig wrote:

I believe the photograph is only a requirement in London.

This happened in London, so I guess I am covered.

geo555

From https://www.parkingticket.co.uk FAQ

If I return to my car whilst the ticket is being issued but drive off before it can be either handed to me or fixed to the vehicle am I still liable?

This depends on who it is issuing the ticket.

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.


Being in London, it probably was a parking attendant who issued the ticket. They rely on your ingorance of the law to get you to pay.
Not every borough uses cameras to take photos, although, since Westminister started issuing PA with cameras, the number of tickets fell by 30%, so it shows the scale of tickets not propery served.

samedan_2

If the ticket is not attached to your vehicle it is not valid. If the warden is about to stick it on your windscreen and you drive off (without injuring them of course) there is no ticket. Have a look at this site

http://www.parking-appeals.gov.uk/IveReceived/challengePCN.asp

Over 50% of appeals against parking tickets are successful!

Wig

Baby_A wrote:

This happened in London, so I guess I am covered.

You are covered if it wasn't a yellow band.

If it was YB then it will be neccessary to appeal on the grounds that you did not recieve the ticket within 14 - 15 days.

MooseRich

It's not just London btw that they take photos. I've seen them in Guildford doing it.