I was parked at 9.50 in a parking bay displaying my disab;ed badge. I came back at 9.55 to find a traffic warden writing a ticket. He saw me as I came towards him waving at him and hobbling on two sticks. I asked why he was giving me a ticket and he said that there were loading restrictions so you couldn't park until 10am. I accept I was there before this time so I was in the wrong, and that having a blue badge does not make you exempt from loading restriction. But can I appeal on the grounds that he saw me coming and could have used his discretion as it was only 5 minutes before time anyway?
Has anyone appealed succesfully on simalar grounds?
Btw, I know it was my own stupid fault as I didn't check for loading restrictions, so don't need to be accused of trying it on or of being an idiot.
2006-10-11 01:18:09 · 24 answers · asked by Cazza 4 in Politics & Government ➔ Law & Ethics
You could appeal, but as you were in the wrong you probably won't win. The fact that he saw you coming is irrelevant - but I do have one piece of advice for the future.
Unless the ticket is on the windscreen (and they normally take digital pictures to prove it) then the ticket hasn't been issued. Don't stand there arguing - just get in the car and drive off.
But don't do this if it is a police officer issuing the ticket (they do still do it sometimes) as you'll probably end up in more trouble!
2006-10-11 01:22:18 · answer #1 · answered by mark 7 · 0⤊ 0⤋
I'm sorry, neither of your suggested grounds for appeal - that he saw you, or that it was only 5 minutes from the end of restriction - will cut it with the parking enforcement police. You could take your case to the magistrates court and hope you get a sympathetic hearing (it is possible).
You may have grounds for appeal on another technical point. The parking ticket MUST have the date (and possibly, the time) entered in two separate boxes. The date of the "offence" and the date the ticket was issued. If your "friendly" warden was rushing to issue the ticket before you drove away, s/he may have neglected to complete the ticket correctly.
BTW, did you realise that the ticket MUST be handed to you, or affixed to your car. If you had driven off without accepting the ticket, and before it was affixed, you would not have committed an offence.
2006-10-11 01:30:08 · answer #2 · answered by Sean M 2 · 0⤊ 0⤋
Unfortunately, the fact that he saw you coming has got nothing to do with it. Your car was parked in the wrong place at the wrong time, so you are in the wrong. Having said that, you may be able to get out of it on a technicality. For example if the sign about you not being able to park there until 10AM was not easily seen. Also check the terms of the ticket that you got given. Some penalty fees increase over time, so by the time you have heard back from your appeal, the fine may have doubled.
2006-10-11 01:27:30 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I had a similar situation to you - mum was in the car, and I had her blue disabled badge on display - i appealed, but, still had to pay the ticket.
a few weeks previously I was parked on a yellow line outside a post office taking in a big package - no badge to display - and got a ticket. I appealed sucessfully, as I had spoken to the warden and he had refused to answer/aknowldege me.
Common sense would have said I was more likely to have gotten away with the former, and not with the latter. ???
In short, it comes down to the local council that you appeal to, some take a harder line, some don't
2006-10-11 01:41:23 · answer #4 · answered by Vinni and beer 7 · 0⤊ 0⤋
I don't think antraffice wardens know what discretion is. I think there must be something inbred at the point of being born that says ' you will be a traffic warden and have no common sense or humility'. One thing though, if the ticket isn't on the windscreen, get yourself out of there if you ever find yourself in a similar situation. It hasn't technically been issued until slapped on the car. Good luck
2006-10-11 01:28:38 · answer #5 · answered by kaydee 3 · 0⤊ 0⤋
If the officer is a no-show to traffic court, the state's primary witness has no evidence to offer, and a judge will throw out the ticket.
You should also look to how the entrapment laws are written in your area, because you could make an argument that the officer entrapped you by allowing you to commit a crime when he could have prevented you from such an occurrence.
2006-10-11 01:25:15 · answer #6 · answered by lundstroms2004 6 · 0⤊ 0⤋
Many tickets that are appealed are done so successfully, this applies to parking and speeding. The fact that it was 5 minutes before may be good for you, who's clock doesn't run 5 minutes fast or slow?
2006-10-11 01:21:39 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You better read the definition of assault that governs your country. In most places, attempting to throw something at someone is indeed an assault. Succeeding is a battery. As to the time, the time is precise. You paid until 12:49. Not to 12:50. I wonder how you expect the traffic warden to know how long your meter has been expired.
2016-03-28 04:44:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No, I am afraid they make it difficult to contest tickets. Also the wardens are verbally assaulted all day, so they tend to never cut anyone a break. I would just pay it and be more careful next time.
2006-10-11 01:27:19 · answer #9 · answered by American 3 · 0⤊ 0⤋
He has no obligation to prewarn you if he sees you coming and lets face it - people are more savvy about getting fines and yet these wardens have to deal with achieving targets too. If he let you off then he would have to let more people off and so it cannot start in the first place so therefore you are out of luck and pocket.
2006-10-11 01:23:27 · answer #10 · answered by Anonymous · 0⤊ 0⤋