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Now motorists can avoid parking fines if they drive away

smiley101

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#1
Hey PPL,

Just seen this article, for all the motorists out there.....

The way was opened today for thousands of drivers to escape parking fines after a landmark legal case.

The High Court has ruled that businessman Simeon Ademolake does not have to pay because the warden had not placed the ticket on his car.

Mr Ademolake fought for two years to win the fight after he complained that because the ticket was not on his car, he should not be forced to pay the fine.

The 43-year-old businessman, who is also a local councillor in Newham, received a £50 penalty charge notice through the post after he stopped his car briefly on a red route on Commercial Road in Whitechapel in June 2005.

He disputed the charge and took it to the independent adjudicators, the Parking and Traffic Appeals Service. They ruled in his favour after he explained that the warden had not issued a ticket by placing it on the vehicle or handing it to him.

But Transport for London refused to accept the adjudication and spent nearly two years contesting the decision before yesterday's legal defeat at the High Court. The outcome is set to open the floodgates for motorists challenging wardens.

Mr Ademolake, who is a ward councillor for the Christian Peoples Alliance in Canning Town, called the verdict "a victory for motorists" and condemned TfL's legal challenge for wasting taxpayers' money.

He said: "I have studied the law and I knew I was acting within it. I was actually parked in a loading bay, but one of my rear wheels was on a red line. I had only popped into a shop for five minutes and when I came out I apologised to the warden.

"I could see he hadn't started writing the ticket so I said I would move the car and got in. He said he had to give me a ticket, but I knew I was within my rights so I drove off.

"A week later I got the fine. He must have written down my registration number as I was driving away. It's amazing the case has taken so long. The adjudicators said I was in the right because I hadn't tried to obstruct the warden or prevent him from doing his job. Transport for London have wasted a lot of time and money appealing this when they knew they were wrong."

Mr Ademolake, who lives in East Ham, was not present in court to hear the verdict as the Parking and Traffic Appeals Service took on the case against TfL on his behalf.

A spokeswoman for TfL said: "It's important to keep these main arterial routes clear of traffic in order to keep London moving. TfL issued this penalty notice in good faith following a contravention on a red route and we will be closely reviewing the details of the judgment made by the High Court."

The case means that wardens will now have to put the ticket on the car or hand it to the driver for it to be valid.

Mr Ademolake has launched a campaign to remove unnecessary meters in Newham. He said: "Parking fines and restrictions should not be about punishing the driver but keeping the road clear of obstructions. I was not causing any kind of obstruction and once I offered to move, the warden should have left it at that."
 
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#2
That has always been the rule and it's called a Drive Away the only reason this went to court was because they are losing millions with drivers just driving away before the ticket is placed on the car, one up for the motorist, we dont win many
 

Bally12345

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#3
Can someone confirm the law on this, so if I drive away before the ticket is place on my car or in my hand I do not have to pay it?
 

smiley101

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#4
Can someone confirm the law on this, so if I drive away before the ticket is place on my car or in my hand I do not have to pay it?
Don't know the law but from reading the article and the comment from corinadeva it sounds like if u drive away or it's not in your hands then that ticket is not valid.
 

ojola

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#6
This is great. Looking forward to when they will implement same in Dublin.

I find the clampers and wardens here very active particularly when you are driving a british registered car.

I was Parked in in car parking bay / bus lane having gotten off the ferry; i got clamped and taken to another street 9 minutes after the parking bay became a bus lane again.

I am sure had the car been irish registerred i might have been given a little more time. Cost me €80 to get declamped.

Bo**x to clampers and ticket wardens.
 
Last edited:

Munkey

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#7
I didnt think this was true but I also drove away before the parking screw could put the ticket on my car and I never got it in the post. This was in the Redbridge council area.

Actually come to think of it I have driven away on more than one occasion and never received the ticket in the post. This is mainly in Hackney where the attendents are the worst I have ever seen
 

gez

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#8
thats why the stand in front of the car sometimes so you cant drive away,what ever you do don't hit them with your car or impede them in anyway as that is brealing the law.just drive off asap
 
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#9
The Law

Are you sure you can't drive over traffic wardens if they stand in front of your car? I thought they were fair game and that you even got extra points if you had to go on to the pavement to get them.......

I know, I know "It's not smart and it's not funny".

And yes I was just kidding.........They are wonderful people just doing a rotten job.
 

Highlander

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#10
i would say, if it's not on car, it hasn't been issued.

and if you stick a fork in a plug socket....it hurts, so if they stand in front of your car and your car is moving (might only be 2 mph) that would hurt too.