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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
Captain A
Out of the blue I have received a demand for payment for a penalty charge. I have never seen the original notice. allegedly placed on the car.

Any help as to the legal position where a ticket is not placed on a car ?

Thanks in advance for any advice.
MartinHP71
Hi,

You need to provide alot more information before someone can help you. Was it private car park or local authority, was it Traffic warden or Police. Have you asked for proof of fixing to the vehicle, some local authorities now take pictures of the vehicle at offence and then after the ticket has been placed on the vehicle.

There are some exceptions when a ticket does not have to be placed on a vehicle but these are normally if the parking attendant is threatened or fears to put one on then its allowed in the post. However if its a private contractor this could be a totally different matter.

See this post

http://forums.pepipoo.com/index.php?showtopic=14193&st=0
Teufel
for a DCPE PCN key case is patas lamina v tfl

http://www.parkingandtrafficappeals.gov.uk...iLaminavTFL.pdf

PCN must be served or attached under RTA 1991

you may have problem disproving evidence
from council - eg they have your tax disc details whcih
shows they were next to car

beware that if you provide these details there have been
cases where notes have been altered - so only provide
enough digits to identify but not enogh - at appeal ask to see orginials

search here for more details
Captain A
The car was parked in an New Forest District Council car park. I wrote to them stating that there was never a ticket put on the car, nor given to the driver, and received a reply:-

Click to view attachment

I have written back to them asking for proof that a ticket was issued and attached to the car.

Does this apply to decriminalised parking:-

'The statutory provisions are contained in section 66 of the Road Traffic Act 1991 and in summary are as follows. If a parking attendant sees a vehicle which is improperly parked he or she either fixes a penalty charge notice to the vehicle or gives it to the person who appears to him to be in charge of the vehicle - subsection (1).'

if so, does failure to prove that a ticket was attached to a car provide a defence ? Is the burden of proof on the Council ?

Thanks for your help.
Teufel
burden of proof is on council to prove it was attached/served
but this is only civil standard

a photo would be conclusive

may be worth asking if you can pay the 50% only
saying it must have been removed by vandals
Captain A
Thanks for advice, but I do not want to say anything which is not true
QUOTE
saying it must have been removed by vandals
Teufel
vandals or wind or a bird or a plague of locusts

yes theis is decrim

youhave lost the discount so you may as well appeal
whitewing
QUOTE (Teufel @ Sat, 4 Nov 2006 - 18:21) *
youhave lost the discount so you may as well appeal


Not necessarily - If you don't want to appeal, and write immediately enclosing payment for the discounted rate then they may accept this to avoid further hassle. Has worked for me in the past.
DW190
QUOTE (whitewing @ Sat, 4 Nov 2006 - 18:25) *
Not necessarily - If you don't want to appeal, and write immediately enclosing payment for the discounted rate then they may accept this to avoid further hassle. Has worked for me in the past.


I wouldn't trust the council with the 50% enclosed. They will just accept it as part payment and an aceptance that the contravention occurred.

Get them to agree to accept it as Full Settlement of the PC.
Captain A
Thanks for all your replies, I will let you know their reply to my request for proof (it will probably take them 2 weeks to get round to answering !)
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