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is it legal?

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Comments

  • alexlyne
    alexlyne Posts: 740 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    After getting a (legal) parking ticket whilst on holiday, I wondered if I could remove the sticky envelope without damaging it so I could then stick it on my car in any carpark and make it look like I'd already been issued a ticket, and thus not be given another!
    (probably not legal... so I am not condoning it, but makes you wonder...)
  • fred7777
    fred7777 Posts: 677 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Regarding Clamping the definative legal view from Sir Thomas Bingham in Arthur V Anker 1997 is

    “The act of clamping the wheel of another person's car, even when that car is trespassing, is an act of trespass to that other person’s property unless it can be shown that the owner of the car has consented to, or willingly assumed, the risk of his car being clamped. To show that the car owner consented or willingly assumed the risk of his car being clamped, it has to be established that the car owner was aware of the consequences of his parking his car so that it trespassed on the land of another. That will be done by establishing that the car owner saw and understood the significance of a warning notice or notices that cars in that place without permission were liable to be clamped. Normally the presence of notices which are posted where they are bound to be seen, for example at the entrance to a private car park, which are of a type which the car driver would be bound to have read, will lead to a finding that the car driver had knowledge of and appreciated the warning.”

    I would assume ticketing would be similar.

    Regarding suing if someone wrongly clamps or tickets your car, you could only sue for the damage you incurred. So it's probably not worth paying a lawyer to sue for "damage" caused in putting a ticket onto a car.
  • AlexisV
    AlexisV Posts: 1,890 Forumite
    After getting a (legal) parking ticket whilst on holiday, I wondered if I could remove the sticky envelope without damaging it so I could then stick it on my car in any carpark and make it look like I'd already been issued a ticket, and thus not be given another!
    (probably not legal... so I am not condoning it, but makes you wonder...)

    I don't think there's anything to stop you keeping a parking envelope under your wiper 24/7
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