Manufacturer Loophole?

[Guest]

Just wondered what you make of all this....

I was unlucky enough to recieve a parking ticket last month, which, at the time I was loading from an estate agents shop which we were re-wiring. The shop was in a pedestrian preceint, and access during the day is not allowed with vehicles and the road is bollarded off. The Somerfield delivery van was loading in the loading bay, and for fear of blocking it in, I pulled up in the carpark. Myself and the apprentice did 4 trips with stuff from the shop to the van, and on the last one, the local warden, had issued me with a ticket.

I cornered him in the car park, and explained the situation, although very appologetic, he said I would have to write to the council. So I did! They sent me the pre printed not a chance letter, and two pages of all the different ways i could pay. Feeling very bitter I then noticed that the ticket shows, where the "offence" was committed, the reg no, and the make of vehicle. Under make, they have listed Austin. My van is well and truly a Rover.

Now, its my belief that Austin stopped making the Maestro in about 1987, and became Austin Rover, then in about 1990 became Rover Group Ltd. If this is the case, how can a vehichle built in 1991 be an Austin I ask you?

I would therefore say the ticket was invalid,the make is incorrect, just like saying its a BMW Maestro? My logbook, all MOT's, insurance, vin plate, handbooks etc, all say Rover or Rover Group Ltd, no where does it say Austin.

Reckon I got a chance?

[Andy]

Yes 'ANY' little or big errors on the ticket mean it is invalid; there was a program on TV last week a parking expert got this guy of 56 tickets because of minor errors, least worth a try.

[Dave]

I reckon you'll have a chance because it will be too much effort to explain why you haven't got a chance!

Go for it. Nothing to loose!

Dave

[D87SMW]

Perhaps I should've stated mine was built by Rodacar (Bulgaria) rather than Rover (or Austin!).

[G51 NAV]

....they have listed Austin. My van is well and truly a Rover. Now, its my belief that Austin stopped making the Maestro in about 1987, and became Austin Rover, then in about 1990 became Rover Group Ltd. If this is the case, how can a vehichle built in 1991 be an Austin I ask you?

Wrong on most counts, sadly.

Your van is 'well and truly' not a Rover, it's a Maestro van, made by a company which by then was called Rover Group but had previously been called Austin Rover from, I think, around 1982. Rover Group held a whole catalogue of marques, including of course Rover itself, plus Austin, Morris, Wolsley, Triumph and a good few more. In 1987 Graham Day famously said that "young people do not want to drive an Austin" and so from that date the Austin badge disappeared from the back of non-MG Maestros, Metros and Montegos. So it's only a Rover in the same sense that a 1979 MGB is a British Leyland, i.e.: the name of the parent company.

If they've got your reg-plate then as far as I can see, unless you try to claim it wasn't you who parked it there, I'd say you're snookered. Still, no harm in trying, eh ?

[Simon]

I should say that you have two hopes: Bob Hope and no hope! It is really annoying when a parking ticket is issued. I wonder if they like their job? Still, I'd wager that in a court of law, the judge would ask you, "Were you the driver of vehicle XXX reg. no X XXX XXX?" You answer "Yes, M'Lud" "Guilty. Take him down!" In other words, forget the make, they'd nail you on the registration mark.

[Jonathan]

The details on the ticket (ie. make & model, registration, colour, time etc.) *MUST* all be correct for it to be valid. Whether AUSTIN on the ticket and ROVER on the DVLA database is enough to have it overturned is an interesting question indeed. I think they also take photos for evidence these days?

Personally I wouldn't risk letting it go to court, but the law being as it is stranger things have happened!

[SimonR]

Yeah, I think you should contest it. I've never had a parking ticket before so don't know how difficult it is to get it quashed. However, I've heard that any error on a parking ticket can render it invalid and that the issuing council is often not interested in pursuing you so if you query it they just cancel it.

Good luck!

[philippope]

Simon is absolutely right - any error on a parking ticket renders it invalid. If you write back and point it out they will have to let you off!

[turbo 353]

trying to explain that the details on the ticket are incorrect would be like
all they really need is the reg no. and model, my advice is pay the ticket, going to court would add extra charges when you lost your case.

[G Force]

Hi I also watched the TV programme about the man who contests parking tickets, I think you should also check the wording on the ticket as well. Apparently it has to show both date of issue of the ticket and date of offence, as sometimes this could be different. It also should say pay the penalty of ££ not pay the fine of ££ I think I remember him saying.

I think he has a website, try a search or go to the tv web site, not sure whether it was BBC or ITV though.

Gary

[Guest]

Take a look at http://www.pepipoo.com/

[E_T_V]

Contest it. You have nothing to lose.

[Guest]

You don't say why they issued the ticket (unless I missed it).

On the road you are allowed 20 minutes for loading (40 minutes in some London boroughs), does the ticket show him waiting for more than 20 minutes?

It is possible to challange the councils desion not to over turn the charge, the paper work you have show details and if it doesn't that alone may be grounds to appeal.

Anyway what you need to do is appeal to http://www.parking-appeals.gov.uk/ with full details.

I did with 3 tickets issued to one of my cars in a week outside my house, (2 in 12 hours!), I was parked illegally but had been told by the local police that the lines were no longer relavent and they wern't going to issue tickets but the council had just taken over parking tickets and are all jobs worths......
The council said they were going to fight my appeal at a hearing in Manchester but at the last moment decided that they might loose so with drew the case so I didn't pay. Incidently we have been arguing about the lines for the last 18 years!

One thing I wouldn't do is appeal because of the Rover/Austin matter, does your vehicle show which it is? What does your tax disc show? Either way fight it on the truth not technicalities.

[Guest]

Hmm, it seems there has been a very mixed response to this. I made some careful consideration before I made my decison of pay up, or fight back, and I fought back!

I sent to the Isle of Wight council, a letter stating they had made an error, and the make of my vehicle was Rover, not Austin, and copied and sent 4 previous MOT certificates, a photo of the VIN plate, a copy of the V5, a photo of all the handbooks laid out and a copy of my insurance, ALL which state Rover as the make.

I received the following reply from the council toady.

"Thank you for your representation in connection with the issue of the above penalty charge notice. After careful consideration of your comments and the facts surrounding this contravention, I am willing on this occasion, to accept your representation and I have arranged for the cancellation of this penalty charge notice"