Parking Offence.

[Edger]

I have received correspondence re a parking offence I am supposed to have committed in Torbay.
I purchased the car on the 1st March and it was brand new at the time and I know the car has never been in the Torbay area.
It looks as if the matter could get to the court stage and the problem is I think it will cost me more to go to court than what the fine will be as I live nearly 400 miles away.
I have requested a photograph of the parked car but I have just had an answer that a photograph was not taken. I have also asked for the colour / type of the car and the answer has been grey but my car is silver. They have got the model right.
The other problem is my car went for a minor repair a day after the parking offence date and it had only done 612 miles. It would have been an 800 mile return journey to Torbay. I have sent the council a copy of the repair document.
In the absence of a photograph and the fact I have got the repair document is the council likely to win its case and if it does not am I likely to get costs?. I know in theory the car could have been put on a trailer and taken to Torbay but I think that would be going over the top.

John

[boxtops]

I would write to the council - registered post - saying what you have said here, that you weren't there, the mileage bears this out, the garage could also corroborate as they usually note mileage when they take a vehicle in.

[Hymie]

Many years ago my mother suffered the same problem – due to incompetent fools working for the local council. Although at that time they did not take photographic evidence, they do take details of the car’s tax disc (number etc).

After sending s photocopy of the car’s tax disc to these fools – the parking fine was rescinded.
No compensation or apology for their incompetence was ever forthcoming.

Therefore I suggest you contact the incompetent fools, offering this evidence.

[Smowball]

I saw a similar thing on a programme a few month ago. It turned out that a mechanic at the garage where the car was being repaired had taken the car for personal use and got a ticket. Not relevent in your case as the mileage doesnt add up but just thought I would mention

[tonywiltshire]

Minor parking offences are usually contraventions of local orders, which vary from place to place; it is usually the person who parked the vehicle that is responsible. You do not say if you believe a penalty charge notice, which is usually fixed to the vehicle, may be issued or an endorsable parking offence. If either occurs send your representations to the issuing authority with as much proof as possible. If you are forced to attend at Torbay, you may be able to claim compensation for any expenses incurred but may not include loss of earnings.

[cathfromsaron]

yes, outline this defence in a letter and keep a copy ... then represent yourself in court with this evidence if that happens!

they will most likely back down by then if it were just a normal parking ticket!

[Edger]

Hi Tony / Cath / boxtops

The problem is just 2 days loss of earnings will come to more than the parking fine.
On top of this there will be train fare or petrol and at least 1 night stay in a hotel and meals.
I have spoken to a woman at the Council and she has given me her e mail address and she said to scan her a copy of the repair document and a copy of a route planner.
She said they could do a route planner but it looks better if they arrive together.
She said this will be better proof than sending a registered letter as letters sometimes get lost in council offices.
I have got her name and she has said it will be refered to the most senior manager who is back on Thursday.

John

[Edger]

Hi Tony

It is not an endorsable offence. If it was I would be more bothered as I have not had a single penalty point or accident when I have been in the car in 38 years of driving.
I have had people bump my car on the car park.
People have said they think I have been extremely lucky in today's road conditions.
Up till last year I have always driven 15,000+ miles a year and I have already done 3000 miles in the new car.

John

[Davethedog]

Have you just received a Parking Charge notice or Notice to owner?

If not what have you recieved?

[shoota]

It is not unknown for there to be two vehicles with the same number on them; if some numpty is plating a batch of identical new cars and gets one letter/digit wrong on one of them.
Check yours is correct with the registration document just in case.

[tonywiltshire]

If it is only a penalty charge notice, which as I said is usually fixed to the vehicle, which the issuing authority may believe was thrown away, send all your poof to them and ask that the matter goes to adjudication. They may take action in the county court if you are found responsible at adjudication. It does seem unfair that you have the choice of paying a penalty charge notice or lose pay, but if your proof is compelling the adjudication may be in your favour.

[joko]

is it a proper council issued ticket, or one from parking in a supermarket car park too long?
there are 2 differnt types both called PCN - parking charge notice, and penalty charge notice - they try to make them look as official as possible - if its a parking charge notice you can ignore it.

who has issued it? you say a woman at the council - but was it? or was she just the the person who answered the phone and youi assumed?

if it is from anyone other than the council - you can ignore it... they are trying it on.
it is a well known scam to issue these tickets to random cars as a lot of people would just pay it stop the costs going up, and costly trips etc.

official tickets will have pictures taken and will show them to you when asked.
it sounds like the fact that they havent it could be a car park charge in which case they have no legal authority and will not take you to court.

what is the company name on the ticket?

[stanbesida]

I have fought a parking offence in the past and know of two other people who have also fought them and won, and they have also won costs for out of pocket expenses. Hope that this may help

[stanbesida]

Fight the case, as you can do this without even attending the court, but I am sure that if you submit evidence of your mileage etc. they will see sense and cancel the fine. Hope this works for you.

[Edger]

I have had a phone call today from the council saying they are going to cancel the ticket.
I got no apology however.

John

[sunny-dave]

Bung them an invoice for your costs - say 5 hours at £20 per hour plus any expenses you can identify.

Type it up nice & official looking and threaten them with the small claims court if they don't pay.

[tonywiltshire]

John, do not expect an apology, just let it be. Tony.