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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70212
Experience:  Over 5 years in practice
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Just received a letter from the Met Police saying we were issued

Customer Question

Just received a letter from the Met Police saying we were issued with a fixed penalty notice for stopping on a clearway at terminal5 Heathrow airport (this is the drop off area). My wife accepts that she should not have stopped there but was not issued with a ticket !!! She never left the vehicle and although a "Traffic Warden" spoke to her all she said was "move" which my wife did. She in fact drove round again and stopped to pick up a passenger. At no time did the warden issue her with a ticket. We have tried writing to appeal but have just received a stock reply. As I said my wife does not deny stopping on a clearway but she was not issued with a ticket. Can a warden write a ticket out if there is no vehicle present ????
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Is there any reason you think they may not be able to ?
Customer: replied 3 years ago.

I just thought that you had to be present for them to issue a fixed penalty notice or the car to be present to affix the notice to

Expert:  Jo C. replied 3 years ago.
Well, it depends.

The old law was that they had to hand the ticket to the driver or affix it to the windscreen. Traffic wardens have been known to 'make mistakes' in their notes over things like that though and say they handed fines to the driver as they drove away.

There has been an amendment that allows them to serve by CCTV but that should only be used where the contravention was evidenced by CCTV so shouldn't really apply here.

If this was a traffic warden though then I'm not sure that her actions can be the basis for this. The police do not get involved in matters arising from the local council fines. Whether or not the police are saying this has been evidenced by CCTV is another matter.

Can I clarify anything for you?

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

Yes these people are in fact Community support officers/ traffic wardens employed by Met Police therefore complying with their regulations. There is no mention of cctv evidence. Would I have good grounds to take this to court ???

Expert:  Jo C. replied 3 years ago.
Ah. PCSOs. They are not traffic wardens but they can issue parking fines. Its about all they can do in my opinion.

They are not bound by the same rules as the council.

They do not have to either affix to the windscreen or hand to the driver or indeed issue a fixed penalty at all. They can just summons you to court. This is just an offer to deal with this administratively.

if you don't accept it then they may forget to summons. That does happen sometimes. If it does then thats great.

If they do summons though these are not grounds of appeal I'm afraid.