Can Barnet Council give me a parking fine without sticking a penalty notice to my car?

Is a parking warden allowed to take a photo when the driver is in the car?

Is a parking warden allowed to take a photo when the driver is in the car?

First published in News
Last updated

Dear Mr Mustard

On April 24 I was sitting in my car ready to drive off when a traffic warden popped up from nowhere and took a photo of the tax disc. No fine was served and stuck to the windscreen.

I received a penalty charge notice dated April 29 in the post demanding payment.

My questions are:

1) Is a warden allowed to take a photo, in this case the road tax, while the driver is in the car?

2) Is the authority right in demanding a payment even if no penalty was served and affixed to the car?

You reply and advice would be more than welcomed.

Best regards

Mr B

 

Dear Mr B,

Thank you for your interesting questions.

The simple answer to both questions is "Yes".

After that it gets more complicated.

In your case you are accused of parking across a dropped kerb. Even though one photograph was taken it is not available on the council website. Photographs are not compulsory but to convince the independent adjudicator that a penalty is payable there will need to be a positional drawing of your car and the kerb that was made at the time by the traffic warden. There will not be one.

The traffic warden also says that they had started to prepare a penalty charge notice. That is a question of fact that we can get them to prove. I doubt that the traffic warden had got any further than coming gleefully around the corner to find your car there and then not having more time than it took him to photograph your tax disc, so that he could make out he had performed a close and careful observation.

The drawback with a fine by post is that you don't get the opportunity for a risk free appeal whereby the council re-offer the discount if they refuse your challenge as the postal notice acts as the ‘notice to owner’. Thus, for a postal PCN, you get to make one challenge and, if refused, it is straight off to the independent adjudicator at PATAS. I think we will find ourselves at PATAS quite soon as I have filed your challenge for you.

You were outside the 14 days in which to pay the 50 per cent but inside the 28 days in which to challenge and so the decision to challenge was an obvious one.

Good luck

Mr Mustard

Comments (5)

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5:31pm Mon 26 May 14

Not that Dave, another one. says...

It depends what is meant here by a dropped kerb. A while ago I checked the law about parking in front of a dropped kerb, with respect to my own drive. Unless things have changed, it is NOT an offence to park there if you have the permission of the occupier of the house. So that would be my first defence. What did the traffic warden do, if anything, to check that an offence was being committted?
My next question is whether the driver was there the whole time or came along after the warden arrived and started the ticketing process. This would indicate to me whether s/he was being opportunistic or not.
It depends what is meant here by a dropped kerb. A while ago I checked the law about parking in front of a dropped kerb, with respect to my own drive. Unless things have changed, it is NOT an offence to park there if you have the permission of the occupier of the house. So that would be my first defence. What did the traffic warden do, if anything, to check that an offence was being committted? My next question is whether the driver was there the whole time or came along after the warden arrived and started the ticketing process. This would indicate to me whether s/he was being opportunistic or not. Not that Dave, another one.
  • Score: 1

2:56pm Tue 27 May 14

Concerned Citizen 101 says...

I'm curious as to whereabouts this was. For example, was it near a school?
I'm curious as to whereabouts this was. For example, was it near a school? Concerned Citizen 101
  • Score: 1

6:23pm Thu 29 May 14

barnetliz says...

Fed up car owner.
Whilst I can understand the drivers frustration, think about the drive you were parked across---were you preventing the householder from getting on or off their drive! After paying hundreds of pounds to get a dropped curb, to then find you can't get onto your own drive can be fury inducing. Today alone I have counted 15 cars that have parked across my driveway, whilst my husband has been out in the car, and yes we live near a school, but we also live near a car park!
Fed up car owner. Whilst I can understand the drivers frustration, think about the drive you were parked across---were you preventing the householder from getting on or off their drive! After paying hundreds of pounds to get a dropped curb, to then find you can't get onto your own drive can be fury inducing. Today alone I have counted 15 cars that have parked across my driveway, whilst my husband has been out in the car, and yes we live near a school, but we also live near a car park! barnetliz
  • Score: 2

1:19am Fri 30 May 14

Mr Travis says...

There is no indication in the article as to whether this was a dropped kerb across an entrance to a property or a dropped kerb elsewhere, of the type put in to help pedestrians, wheelchair users, pram users etc cross a road.
... but I have no sympathy for people who stop or park across both types of dropped kerbs, none whatsoever... and yes we do live near a school.
There is no indication in the article as to whether this was a dropped kerb across an entrance to a property or a dropped kerb elsewhere, of the type put in to help pedestrians, wheelchair users, pram users etc cross a road. ... but I have no sympathy for people who stop or park across both types of dropped kerbs, none whatsoever... and yes we do live near a school. Mr Travis
  • Score: 1

9:38am Sat 7 Jun 14

diligaf says...

Traffic wardens or CEO's as they are now known used to show a bit of sense and compassion, nowadays with targets to meet and they are constantly battered to issue tickets by greedy council bosses and cllrs, the sense and compassion has gone.... how this is helping keep traffic flowing is any ones guess... just another reason for the council to take your money!
Traffic wardens or CEO's as they are now known used to show a bit of sense and compassion, nowadays with targets to meet and they are constantly battered to issue tickets by greedy council bosses and cllrs, the sense and compassion has gone.... how this is helping keep traffic flowing is any ones guess... just another reason for the council to take your money! diligaf
  • Score: 1

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