Parking Tickets- The Frequent Questions

Parking Tickets- The Frequent Questions from 1st Road Traffic Law Specialists Scotland

By: 1st Road Traffic Law Specialists Scotland  17/06/2008
Keywords: Motoring Solicitors, Road Traffic Lawyer, Expert Speeding Lawyer

Parking Ticket- Frequently Asked Questions Do single yellow line parking restrictions apply after 6.30pm or on Sundays? It is essential that you check the signs. If the sign does not mention days of operation it means that the restriction applies seven days a week. Single yellow lines can apply for anything between one and 23 hours per day and also on Sundays. Double yellow lines always mean 'at any time' and the need to have an accompanying sign was dropped in April 2003.
If I return to my car whilst the ticket is being issued but drive off before it can be either handed to me or fixed to the vehicle am I still liable? This depends on who it is issuing the ticket. If it is a council parking attendant then, to be valid, the ticket must be either handed to the driver or fixed to the vehicle. If you subsequently get a Notice to Owner you should write to the issuing council, explaining the situation, and ask for it to be cancelled. If they will not cancel it then appeal. If you return to find a police officer or traffic warden in the process of issuing a ticket then, if you drive off, the ticket can be sent to you as they enforce under different legislation. Aren't traffic wardens supposed to give 'a few minutes grace' before issuing a ticket? You are allowed to load or unload goods or set down a passenger. If you have been loading or unloading it is incumbent on the driver to produce evidence to that effect. (See Loading Unloading.) There is no grace period. Do waiting restrictions (yellow lines) apply on Bank Holidays? Yes- If the sign says 'Mondays - Saturdays' then that includes Bank Holiday Mondays. For Bank Holidays to be exempt the sign would also have to include 'Except Bank Holidays' Are yellow lines legal if they don't have a T-bar where they end? In accordance with the traffic engineer's bible - Traffic Signs Regulations and General Directions - yellow lines must have a T-bar where they terminate or change from double to single or vice versa. If the T-bar is missing then the line is not legal and, therefore, not enforceable. T-bars are not required where a yellow line meets a parking bay or zebra crossing as bays and crossings effectively sit on top of the yellow line. What happens if one arrives at a parking meter without change? Is time allowed to get some? No! The regulations require that you put the money into the parking meter immediately after leaving your car. If the ticket is not clearly displayed e.g. fallen off the dash you will get a parking ticket! You are under an obligation to both "pay" and "display" Missing tickets What should you do if a Notice to Owner (NtO) arrives for a parking ticket that you didn't know had been issued? If you know that you had been illegally parked and the NtO arrived within a couple of months then I would recommend that you:- i) respond admitting you were there at the time in question ii) say that, had you received the ticket you would immediately have paid it at the reduced rate and that, in fairness the authority should give you the opportunity to pay it at the reduced rate. iii) enclose a cheque for payment at the reduced rate If several months have elapsed it is unreasonable for you to be expected to remember where you were at the time in question. Councils have a duty to act 'fairly'. I would expect 6 months to be taken as a time limit for service Is it true that a parking ticket is not valid if it is issued by a parking attendant not wearing a hat? The Department for Transport guidance circular 1/95 says “…when carrying out prescribed functions, and issuing a PCN is one such, [parking attendants] are subject to the Parking Attendants (Wearing of Uniforms) (London) regulations 1993.” The National Parking Adjudication Service says that, in view of circular 1/95 PAs should wear hats during enforcement activity, but goes on to say that a PA not wearing headgear would not in itself be grounds for an appeal but could be considered as part of an appeal. The adjudicator would have to give it the importance he thought relevant to the case. If colour of the vehicle is incorrectly recorded on a parking ticket is it valid? Parking Attemdants are required to make a note of a number of things, including the colour of the vehicle, all of which must be correctly recorded for the ticket to be valid. If the PA recorded that the vehicle as being white when, in fact, it was black there could be little argument that the information was incorrect and the ticket, therefore, invalid. Thanks to the website for the above information.

Keywords: Expert Speeding Lawyer, Motoring Solicitors, Road Traffic Lawyer

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