hi i was parked on a single yellow line opposie a t junction, a warden asked the car behind me not to park there again. then she spoke to me saying i had a ticket for parking there which she haddnt wrote / printed out, i got in my car and drove off before she could print it and stick it to my vehicle.
thanks
Expert:
Jo C. replied 2 years ago.
Yes, you do have a defence.
The Road traffic act demands that the fine is either handed to the driver or affixed to the car. If you drive off before a traffic warden can do either then you do have a challenge.
However, it's never that simple. There have been recent changes in 2008 that have allowed them to serve by CCTV but they will not do that here. Apart from anything else there was no CCTV equipment recording from what you say.
The real issue here is that traffic wardens have been known to make a mistake and say that they handed a fine to the driver when they did not.
If that does happen then you will have to ask for an oral hearing before the adjudicator and demand that the traffic warden attends to be cross examined. It is pretty rare that the council will continue to defend the matter in those circumstances. There is always the risk and if that does happen you will have to defend it.
Hope this helps. Please press ACCEPT and then I will answer your follow up questions for free. Your question will not close but I will thereafter give you related information at no extra cost.
Jo C., Barrister
Read more:
http://www.justanswer.com/uk-traffi...affic-warden-issue-parking.html#ixzz3Ug539ERH