Refusing To Pay/Assist

Many forums/sites advise people to ignore tickets, some advise them to send standard letters to deny liability for the ticket and other outrageous defences to avoid paying a charge

A £60 parking charge is a very minor issue and when cases are presented to a court the claimant has to prove the case on the balance of probabilities (ie 51%) - A court could see defendants being obstructive as having something to hide .. If a person receives a ticket and they believe it to be incorrect a reasonable person would state the reasons why at the first possible opportunity ... If a case progresses to court after an appeal has been heard and rejected then the court will decide but the court will see all parties have attempted to resolve issues fairly and amicably and resorted to legal action as a last resort. (Under Civil Procedure Rules parties are specifically instructed to only use the court system as a last resort).

If a case goes to court and a defendant has not appealed, not responded to letters or sent obstructive defences the court could draw the conclusion that a person has something to hide for going to extraordinary lengths to avoid a minor parking charge.

Under section 143 (1) of the Road Traffic Act 1988 - The a keeper should know at all times who is driving a vehicle and to ensure they are insured, if a keeper allows a vehicle to be driven without insurance they are guilty of a criminal offence - By stating many people have access to a vehicle and as a result the defendant can not state who had it any one given date/time then they are confirming they did not know who was driving and therefore cannot be certain the vehicle was insured.

The exact wording is :

Users of motor vehicles to be insured or secured against third-party risks

  1. Subject to the provisions of this Part of this Act—
    • (a)A person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and
    • (b) a person must not cause or permit any other person to use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act.
  2. If a person acts in contravention of subsection (1) above he is guilty of an offence.

On the balance of probabilities it is very unusual for a person just to leave their car keys for anyone to drive it and therefore not know who is driving it, we are yet to have a case where a judge has considered this to be 'normal' (with possible exception of a vehicle which has an ANY DRIVER clause on the insurance certificate/schedule).