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Parking and speeding tickets

Letter to challenge a parking fine
Letter to avoid having a long licence ban for speeding
Letter requesting photographic evidence in respect of a motoring offence
Agreement for the sale of a motor vehicle
Notice of appeal to a parking appeal tribunal
Contents

Parking Fines

One of the many hazards of motoring is that is you park on a public road without paying attention to parking restrictions you could incur a fine from the local authority. The official title for this fine is ‘a fixed penalty’ and the rules regarding these fines depend on the policy of the authority that has jurisdiction over where you parked. Most types of illegal parking (though not dangerous parking) have now been decriminalised and local councils in most major UK cities have handed over law enforcement of parking restrictions to uniformed Parking Attendants who are normally employed by contractors under a contract with the local council.

In some areas a breach of the parking rules is a criminal matter and the offence is the responsibility of the Police and the magistrates’ courts

Police Penalties

In the event of you committing a parking offence, a police officer or traffic warden can issue a 'fixed penalty notice' to your vehicle. On this notice will be the details of the offence and how and when to pay. Provided you accept that you committed the offence you can pay the amount specified and if you pay within a certain time period, the amount is reduced. If you commit a parking offence by do not pay within the specified period, you will be sent a ‘notice to owner’ as a reminder. If you continue not to pay then the fine will increase by 50%. The offence will become a criminal matter and in extreme cases you could be sent to prison.

Local authority penalties

In the event of you committing a parking offence, a local authority parking attendant can fix a penalty notice to your vehicle. If you accept you were in the wrong, you can pay the amount they ask for. If you pay within a certain time period, the amount you have to pay is reduced. If you were in the wrong but don't pay in time, you'll be sent a 'notice to owner', reminding you to pay. In the event that you neglect to pay within the correct period of time, you'll be sent a charge certificate and the fine will be increased by a further 50%. You will have to pay the local authority, but the matter will not be regarded as a criminal offence.

If you don't pay within the correct time period, the local authority can register the debt as if it were a county court judgment (CCJ). They could dispatch bailiffs to take your car away and sell it, whether it's parked on the road or on your drive. Or they could take away other things from inside your house to sell. You'll also find it difficult to get credit in the future, but you can't get sent to prison for the debt.If you don't agree that you were in the wrong, you can appeal to the local authority. The penalty notice will tell you how to appeal and the time limits.

Some local authorities issue parking tickets in their car parks and in metered or pay and display bays on the street. These are commonly known as “Excess Charge Notices” or “Standard Charge Notices”. They are processed by the local authority and enforcement takes place in the local Magistrates Court.

Speeding

Drivers who exceed the speed limit and are caught doing so by the police may be issued a fixed penalty ticket or be summoned to attend court.

Evidence of speeding

This may be obtained in a number of ways:

  • from observation of two policemen who observed the driver;
  • from observation of one policeman and other mechanical evidence from a speed gun;
  • from a speed camera of an approved type;
  • from expert evidence about skid marks;
  • from the speedometer of a police vehicle provided it is properly calibrated.
The speed limit

This varies according to the type of vehicle and the type of road. The following table is a summary of the UK speed limits. The limit may also be fixed by traffic signs, which will specify the limit in a particular area. Some of these traffic signs may be temporary and are withdrawn after the particular hazard has disappeared.

Vehicle typeBuilt-up areasSingle carriagewayDual carriagewayMotorway

Cars

30 mph

60 mph

70 mph

70 mph

Vehicles towing

30 mph

50 mph

60 mph

60 mph

Coaches / buses

30 mph

50 mph

60 mph

70 mph

Lorries up to 7.5 tonnes

30 mph

50 mph

60 mph

70 mph

Lorries more than 7.5 tonnes

30 mph

40 mph

50 mph

60 mph

There is no set minimum speed limit although if someone drives too slowly they may be charged with inconsiderate driving (see the relevant section).

Defences

Not having seen the sign or not being aware of the limit is no defence. However, it may be a defence if the defendant has evidence and can prove that the traffic sign was broken or had been taken away in an area where a specific speed limit had been imposed.

In order to challenge photographic evidence of a traffic camera or of a speed camera a defendant will need to support their argument with expert evidence of possible inaccuracies caused by metal objects or TV transmitters in the vicinity.

Sentence

If you are accused of speeding the police may offer to dispose of the matter by means of a fixed penalty. The offender could be asked to pay a fine and have their licence endorsed by three points.

If this offer is made it should be carefully considered as it is set at a lower level than the potential fine that can be imposed by the magistrates.

If the matter is dealt with at the magistrates’ court this is what could happen to the offender:

  • they could be fined up to £ 1000 or (£ 2, 500 if they were speeding on the motorway);
  • their licence could be endorsed with 3 to 6 penalty points;
  • they could be disqualified (if they were driving at 30 mph over the speed limit). The minimum disqualification is 21 days if they are convicted of driving at 40 mph over the speed limit.
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