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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70419
Experience:  Over 5 years in practice
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Got a parking ticket in november2013 for residents only parking

Resolved Question:

Got a parking ticket in november2013 for residents only parking street. Appealed on the basis of inadequate signs,on the phone gave details of driver.Internal appeal refused, appeal letter confirms "you was the driver"no information given that I could have appealed to independant abjudicator Sent completed driver information form in December 13 by post and fax.Got notice of intended prosecution in January for failing to return completed form.Sent letter to the effect that form was returned and faxed form again in January.
Got summons from magistrate,s court to appear on 19th may 14, for failing to settle fine and failing to provide name of driver.Quiried the Traffic order .Traffic order was for 32 roads in kettering on the same day but the street order relating to fine was for part of street only.No corresponding plan so far.
Then I realized summons is actually for OFF STREET PARKING.Asked for copy of the order.Got letter today they are in the process of withdrawing summons for off street parking and issuing new ones for the same hearing of 19th May?.Will be defending on the basis of inadequate signs and whether the order without a plan is valid.
Is replacing the summons for a new charge permitted for the same hearing?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Who is the issuer please?
Customer: replied 3 years ago.


kettering borough council

Customer: replied 3 years ago.

kettering borough council

Expert:  Jo C. replied 3 years ago.
When you say 'internet appeal' what do you mean?

Normally, if this is a local council fine then you would just appeal on papers to the council?
Customer: replied 3 years ago.

Kettering borough council(KBC) noted the driver information when I complained to them about inadequqate signs ,Person from KBC advised to make an email appeal. refused on grounds that apart from zone entry sign(which was also obstructed by trees) there was no requirement to put repeater signs inside the street.this email letter confirms"you was the driver.........


KBC has recently put numerous signs inside the street to comply with adequate signs legislation.

Expert:  Jo C. replied 3 years ago.
OK.

So what do you mean when you say an internet appeal?
Customer: replied 3 years ago.

INTERNAL instead of Internet.


Internal appeal within kettering borough council,not by independent abjudicator .(I was not informed of this right to appeal to independent abjudicator)

Expert:  Jo C. replied 3 years ago.
I see! I misread that.

What does that have to do with the summons to the Magistrates please?
Customer: replied 3 years ago.

That is what I wondered.

According to them contravention of section 35a road traffic act(1984) and schedule 2 of the road traffic offenders act 1988.(proposed new summons for 19th may hearing)

Although the summons they are trying to replace with is article 6 of the borough of kettering(OFF STREET PARKING PLACES)consolidation order 1987.(existing summons for 19 th may hearing)

Expert:  Jo C. replied 3 years ago.
Thank you.

On the face of it that doesn't make a lot of sense.

Would it be possible to scan and email the summons to me atXXX@XXXXXX.XXX but include a link to this post so the mods know it's for me?
Customer: replied 3 years ago.

documents sent by email to justanswer.com

Expert:  Jo C. replied 3 years ago.
thanks.

I will let you know when I get it
Expert:  Jo C. replied 3 years ago.
Ok. Thanks.

I've got it. That is a summons. That is unusual. Parking fines have been decriminalised now. However, there is no reason they cannot summons.

If you mean that they have amended the charge then that would seem to be what they have done.

There is no reason they cannot do that I'm afraid. The Crown are always amending their indictment to correct errors. As long as they bring the right one on the day of trial there is no reason they cannot proceed. I have to say that I do think some indictment changes are very unfair but this isn't one that causes you prejudice really. You have enough time to prepare for the hearing or plead guilty if you wish.

It is unusual that the Council show this much interest but they can do so if they wish I'm afraid.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks for the answer.


I do not think they will get very far in court as there is no penalty ticket outstanding under section 47(proposed amendment) penalty ticket is also under section 35,all the correspondence to date is also section 35 procedures.


To add to that they have not even got a valid traffic order in place and sign was obstructed of which I have photo.


Thank you for your service.