Check out some similar questions!

iAMfromHuntersBar · Apr 30, 2007, 06:32 AM

Hey everyone!

Ok, so here's my snag I was wondering if anyone has any idea about, I'd appreciate any comments!

So, I parked on double-yellow lines outside my house, like I do every weekend, normally without incident! (I know it's naughty, but I normally get away with it! :p )

Anyway, I wake up the next day to find a nice yellow parking fine on my windscreen, a bit gutted thinking I've been caught red-handed!

But when I open it, the charge states
'01 - Parked In A Restricted Street During Prescribed Hours'
Which is wrong, because it's not a restricted street, unlike others around it!

Now, what I think has happened is the lazy, possibly hung-over traffic warden has forgotten to change his ticket machine over from the previous street, and has just issued me with the same as all the others he's been dishing out that morning!

Anyway, I wrote to them and told them I'm not paying it on the principle it's been issued wrong (I didn't say I was on double-yellows though!), and they've replied saying they're looking into it!

I'm just wondering what they could possibly do to defend this? Even if they have photos (some of the traffic wardens take digital photos of offences here) the charge is wrong!

Even though I know I was in the wrong, do they have a leg to stand on?

Cheers Guys!

JBS

Auttajasi · Apr 30, 2007, 06:45 AM

I don't know about the UK, but a similar situation happened to me here in the U.S. just two weeks ago. I had been parking in the same place at school for almost two years. It was between 2 signs that WERE "No Parking Anytime" signs. However, due to weather and time, the signs were faded so that I could only see the "No" part. It was clear that they USED to be no parking signs, but they weren't clearly marked. Well, I got my ticket and on it, the officer wrote that the signs were clearly marked.
Here's what I did. I paid the ticket, and went online and submitted a complaint. I wasn't really expecting to hear back from them, but in about 3 weeks, I got a letter saying that they investigated the situation and the signs were not clearly marked. They gave me information to them so I could receive my $20 back. Score 1 for the little guys! I was highly surprised to see it turn out this way, so maybe you too have a good case. Good luck!

ScottGem · Apr 30, 2007, 07:02 AM

This is what is known as getting off on a technicality. The ticket was issued incorrectly and you are not guilty of the charge listed on the ticket. So, yes, you do have a leg (hopefully two) to stand on.

iAMfromHuntersBar · Apr 30, 2007, 07:28 AM

So they can't go 'AAAh, but you were still committing an offence!'

ScottGem · Apr 30, 2007, 08:14 AM

Sure they can. They can issue you another ticket. They just can't collect on that one.

iAMfromHuntersBar · May 31, 2007, 06:07 AM

Originally Posted by ScottGem

Sure they can. They can issue you another ticket. They just can't collect on that one.

And that they did! With a photo from a digital camera and everything!

BUSTED! :D

Lowtax4eva · May 31, 2007, 08:19 AM

I would just pay it. You said you deserved a ticket. I would only fight it if parking on a double yellow would cost less than the ticket you actually received.

They can always re-issue the ticket and then you'll have to pay it anyway. I'd do what the first poster said, pay it and submit a complaint that the ticket was incorrect. Let them work it out if they want to re-issue a corect one or refund you.

iAMfromHuntersBar · May 31, 2007, 08:23 AM

Yeah, I paid it, begrudgingly! It leaps up from £30 to £60 if you don't pay within 2 weeks!

I'm going to make my bins extra heavy for the rest of the year to re-coup the cost! Lol!

Curlyben · May 31, 2007, 10:16 AM

Points finger *Ha Ha*

You do realise that you could have contested it as it was incorrectly served, photo or not ;)

Under UK law a PCN has to be attached to the car in question at the time of the offence.
So the one that was, was incorrect and so is unlawful.

iAMfromHuntersBar · Jun 1, 2007, 02:12 AM

Originally Posted by Curlyben

Points finger *Ha Ha*

You do realise that you could of contested it as it was incorrectly served, photo or not ;)

Under UK law a PCN has to be attached to the car in question at the time of the offence.
So the one that was, was incorrect and so is unlawful.

Lol, thanks curlyben!

Here's what they wrote and said;

Originally Posted by Council Nazis

The charge was correctly issued because you failed to comply with the parking restrictions that apply to the area in which you parked. Your vehicle was parked on double yellow lines which indicate no parking at any time - regardless of the length of stay. Additional signage is not required for double yellow lines, the road markings are considered adequate to indicate the restriction.

Consequently I am unable to cancel the Penalty Charge Notice.

Pay up, or we release the hounds!

:rolleyes: