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Legal Wizard

Parking

 

Parking offences for the most part (exceptions still exist) are nowadays decriminalised - ie not prosecuted through the courts. They are dealt with administratively. The Road Traffic Regulation Act 1984 gives local authorities in England and Wales the power to make traffic orders (that create and regulate parking places) and flexibility to create different types of parking place. The primary legislation (Road Traffic Regulation Act 1984) has to be adopted by the local authority and local planning orders need to be made in accordance with the council's constitution.

Always check that an authority does have the power within its constitution to make the order.
Many parking tickets are cancelled for one reason or another.
Always check that a parking ticket has the date of issue as well as the date of the offence.
A traffic warden who has not handed you, or affixed to your vehicle, a parking ticket cannot stop you driving away. For example if he is still in the process of writing the ticket you are still entitled to drive away. However, if, in practice, he/she stands in front of your vehicle, it is not advisable to knock them down!
Road markings have to be approved - and individual parking places have to designated.

There is an appeals process which (anecdotally) varies in efficiency. Generally you are give 14 days to pay a reduced fee. If a penalty remains unpaid for 28 days then a Notice to the owner/registered keeper can be issued. Formal representations can be made on the following grounds:

  • The contravention did not occur.
  • The penalty exceeded the wrong amount.
  • The Traffic Regulation Order was invalid.
  • You are not the owner/keeper of the vehicle.
  • The vehicle was taken without your consent at the time of the offence.
  • You are a hire company and have provided the hirer's details.

 

 

 

 

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