Parking ticket issued by Council & car driven by someone else

playaz

A friend of mine borrowed my car to visit his girlfriend and managed to get himself a parking ticket issued by the council. He has told me he parked in a place where the sign wasn't prominent and is going to appeal the fine.

I am a bit peed as I have now found out he is currently banned (so not sure if he can even appeal this as he is not legally able to drive) and he also missed the initial time frame where the ticket fine is halved.

I'm not sure what to do - I do not want baliffs knocking on my door but I am annoyed that I might have to pay a fine for my car that I wasn't even driving.

For obvious reasons I am not wanting to get my friend into serious trouble over a simple parking infringement, he has told me his girlfriend is willing to pay, yet he has said he wants to appeal. I've told him I know he is banned so cannot understand how exactly he can expect to appeal on the grounds that he currently is not legally able to drive any vehicle.

Should I just suck it up and pay the fine myself? Has anyone else been in a similar position - part of me is trying to comeback with enough evidence to tell my friend that he has NO chance of an appeal and that I want his girlfriend to cough up the funds for the fine!

I can afford paying it myself but it is the principle, I've helped him out and he repays me with getting himself a stupid parking ticket.. even more annoying is he parked near a stadium too.

How long does the appeal process last for? Will I be chased for the payment as the registered keeper at some point if this isn't paid off in full - also will any additional fees be added at any point if this payment is delayed any further.

P.S My idiot friend has confirmed it is 100% a council ticket but forget to bring the ticket for me to see with my own two eyes.

Moral of the story... never let another man drive your car... even if it is a crappy !!! Renault.. it is my car.

Coupon-mad

How long does the appeal process last for? Will I be chased for the payment as the registered keeper at some point if this isn't paid off in full - also will any additional fees be added at any point if this payment is delayed any further.

Yes - it is YOUR PCN not his. You could get bailiffs if you ignore it, so do not ignore it and DO NOT rely on him to appeal it. This is your headache but let him pay if you can't get it cancelled on appeal (your appeal). If you have missed the discounted offer you may as well appeal it formally then - have you been sent a NTO? Appeal it then. After that you can appeal to an adjudicator.

TBH I am thinking you can truthfully say as one appeal point, that the car was being used 'without your consent' because the driver used the car without telling you he was banned. Trouble is to do that, you would have to report him to the Police - and why aren't you? He drove your car when banned, that's a criminal offence!

Easier to tell him he can't appeal it because the PCN is yours as owner, and rather than report him, you accept his gf's offer to pay it (in full, do NOT try paying the discount late).

playaz

Thanks for the advice it is much appreciated - I'm going to ask him to pay the fine (I couldn't care if he or his girlfriend does) and just tell him straight that I am registered owner the vehicle and that there is no way he can realistically appeal this... I can just imagine question 1 of the appeal... what is your driving license number lol!

Thanks i'll certainly won't be lending him my car again (even when he can drive legally again soon)

Coupon-mad

Yes but don't rely on THEM to pay it directly. Get the money from them, in full, then YOU pay it (or even try an appeal, nowt to lose as long as you don't ignore the NTO or adjudication stage and you might win the appeal!).

playaz

Just a question... what is the maximum amount this ticket could reach? Just so I can tell my friend that if it isn't paid this is what I could be potentially paying

Fight_the_good_fight

As the law stands the onus is on the owner of the vehicle .
If leant to another person it is owners responsibility to ensure they are legal and comes under the definition of "Use Cause or Permit"

Ignorance is not a defence.

There is a six month time limit for prosecution of such offences such as allowing a driver to drive a vehicle with no insurance etc. But can be started from when the offence came to light

My advice would be in this case To get the other party to pay up and get this buried if you start to play they system as per the normal advice for PCN,s you could be opening a real can of worms and looking at offences of perverting the course of justice which has more serious repercussions

esmerobbo

playaz wrote: »

Just a question... what is the maximum amount this ticket could reach? Just so I can tell my friend that if it isn't paid this is what I could be potentially paying

I know someone who had a visit this week from Bailiffs had to hand over £370 for a £35 ticket he "forgot to pay".

Luckily this is easy to deal with but for the future, remember if you lend some one your car you are "allowing" which means if they get done for no licence you could get the same for "allowing" with the same fine and same points.

If it was me I would be getting cash off said friend and paying the ticket in full.

HO87

esmerobbo wrote: »

I know someone who had a visit this week from Bailiffs had to hand over £370 for a £35 ticket he "forgot to pay".

Luckily this is easy to deal with but for the future, remember if you lend some one your car you are "allowing" which means if they get done for no licence you could get the same for "allowing" with the same fine and same points.

If it was me I would be getting cash off said friend and paying the ticket in full.

+1
... and making it very clear that they won't be borrowing your car again any time soon and certainly not whilst they are banned.

The_Slithy_Tove

1. if you don't pay or get it quashed at appeal, then the sky's the limit as far as costs are concerned, s bailiffs add more and more to the bill. So you must pay it or appeal it, and of you lose, then pay.


2. As long as you play it straight with the council, then the whole business of the driving while disqualified will not come to light. This would be preferable, as the knock-on consequences of you allowing a disqualified driver to use your car would have bad effects on you (e.g. permitting to use your car when not insured).

The_Slithy_Tove

Coupon-mad wrote: »

TBH I am thinking you can truthfully say as one appeal point, that the car was being used 'without your consent' because the driver used the car without telling you he was banned. Trouble is to do that, you would have to report him to the Police - and why aren't you? He drove your car when banned, that's a criminal offence!

And so is perverting the course of justice. So only report a TWOC if it was genuinely, 100%, taken without the OP's consent. Sounds to me like there was consent, but not with full knowledge of the circumstances. I wouldn't want to try to explain that to a cynical police.

The_Deep

For obvious reasons I am not wanting to get my friend into serious trouble over a simple parking infringement

This is hardly a simple parking infringement. You allowed another to drive your car without satisfying yourself that they had a valid licence and insurance. Your insurance company will take a very dim view of this if they get to hear of it.

I should pay up and keep quiet, any appeal would be madness i.m.o.