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Ticket for car parked in CPZ while in by repair shop who pays?
usignuolo
Posts: 1,923 Forumite
Here is a conundrum for you. My neighbour went to the council dump on a sunday afternoon with a largeish load around one month ago and as he drove over the large ramp at the entrance, his car's exhaust fell off. After a long wait he was recovered by his breakdown service and taken to the nearest local exhaust shop open on sundays. After another long wait the exhaust shop said they could not fix it that day but would move it into their shop overnight and fix it the next day.
There are no parking regulations there on sundays but it is a CPZ and this applies 6 days a week so my neighbour insisted they take it inside overnight which they promised to do. The mechanic also said that if he did get a ticket it would be their responsibility. My neighbour got a call the next day early afternoon to say it was ready and went to collect it. It was parked outside in a residents bay in the CPZ which he is not entitled to do but there was no ticket and he assumed no wardens from the council had been round. Wrong.
Last week he got a parking ticket reminder in the post. It had been issued when the car was parked outside the exhaust place on the monday morning. (He thinks the mechanics probably just took the original ticket off ). He went round with the letter and said it was their responsibility and after some umming and arring they agreed to take the letter and pay it. Only when he chased the staff they said it is being processed higher up as they have no power locally to pay it. He thinks he is just being stalled, or maybe they will pay eventually but what should he do meanwhile as the council has him down as responsible and the fine is clocking up?
There are no parking regulations there on sundays but it is a CPZ and this applies 6 days a week so my neighbour insisted they take it inside overnight which they promised to do. The mechanic also said that if he did get a ticket it would be their responsibility. My neighbour got a call the next day early afternoon to say it was ready and went to collect it. It was parked outside in a residents bay in the CPZ which he is not entitled to do but there was no ticket and he assumed no wardens from the council had been round. Wrong.
Last week he got a parking ticket reminder in the post. It had been issued when the car was parked outside the exhaust place on the monday morning. (He thinks the mechanics probably just took the original ticket off ). He went round with the letter and said it was their responsibility and after some umming and arring they agreed to take the letter and pay it. Only when he chased the staff they said it is being processed higher up as they have no power locally to pay it. He thinks he is just being stalled, or maybe they will pay eventually but what should he do meanwhile as the council has him down as responsible and the fine is clocking up?
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Comments
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Further investigation seems to show that for council fines, it is the registered keeper who is liable to pay, REGARDLESS of who was driving at the time. This is because the notice is served on the owner who is the registered vehicle keeper at the time and is therefore responsible for all PCN fines. This applies even when car is in garage for repair, for example, and it is garage which incurs the PCN. Owner is still liable to pay it.
Regina v Parking Adjudicator, ex parte Wandsworth London Borough Council; Court of Appeal (Lord Justice Stuart-Smith, Lord Justice Morritt, Sir John May) 1 November 1996.0 -
Ask the garage to provide recompense, if they refuse take civil action against them.0
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