Parking ticket

[nancyandtim2]

I received a penalty charge notice but drove away before the penalty charge was served. It was never placed on my windscreen. Is it still valid?

[Ethel]

Who was trying to issue the ticket? A police employee, a council employee or a private company?

[nancyandtim2]

It was a council parking warden

[Ethel]

Unless the law has changed recently, the council employee must either put the notice in your hand or affix it to the vehicle to be valid.

http://www.parkingticket.co.uk/em.html

[nancyandtim2]

That it what I believed as well. Thanks for your help

[kempie]

Since 31st March 2008, Part 6 Traffic Management Act 2004 provides for councils operating civil parking enforcement under that Act to issue PCNs by post if the Civil Enforcement Officer is prevented from issuing one because the motorist acts in a threatening manner, or drives away before it can be affixed, or when the parking contravention has been detected on the basis of evidence from a camera.

[Ethel]

Kempie - thanks for that. As far as I am aware, that Act applies only to London and local authorities that have adopted it.

I refer to s.72 Part 6, and as far as I know no local authority outside London has adopted it

[NORMANTHEDOG]

i think you will find several councils outside of london HAVE adopted it already,one of my drivers had this happen to him in birmingham.

[kempie]

Over 200 local authorities, in all of our cities and major towns, issue PCNs as part of Civil Parking Enforcement under TMA 2004.

e.g.

http://www.york.gov.uk/transport/Parking/ticke ts/01-tickets/

http://www.wirral.gov.uk/LGCL/100011/200072/47 1/content_0000750.html

http://www.southbeds.gov.uk/environment/env_se rvices/parking/Civil_Parking_Enforcement.aspx

[Ethel]

Yes, I am aware of that, Kempie, and indeed remember Birmingham passing control for parking to the council in 2004.

But I believed the parts of the Act that came in to force this year were 'add ons' and not automatic countrywide.

Where I live, for example, the council has control of the on street parking, but haven't adopted the part of the Act that would make them responsible for the enforcement of parking across driveways - and they have no plans to adopt it either but of costs.

[kempie]

Parking across driveways is subject to local authorities applying for an order to set up "special enforcement areas" (Sections 84 to 86 of TMA 2004) but this does not relate to the common-or-garden parking enforcement contraventions. The 31st March change allows all authorities which issue parking PCNs to post them if necessary.

[kempie]

The primary legislation (i.e. not an opt-in):

applicable to England
http://www.opsi.gov.uk/si/si2007/uksi_20073483 _en_1

applicable to Wales
http://www.opsi.gov.uk/si/si2008/uksi_20080609 _en_1

[Ethel]

Thanks for that, Kempie.

:)