87Liability of vehicle owner for parking offences

87 Liability of vehicle owner for parking offences

87 Liability of vehicle owner for parking offences

(1916 Act, s 38C)

(1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle is, by virtue of this section, guilty of an offence under the regulation concerned as if the person were the actual offender guilty of the parking offence unless—

(a) in any case where the parking offence is dealt with under section 85—the person satisfies the authorised officer referred to in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

(b) in any other case—the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.

(2) This section does not affect the liability of an actual offender in respect of a parking offence but if a penalty has been imposed on or recovered from any person in relation to the offence no further penalty may be imposed on or recovered from any other person for the offence.

(3) Despite subsection (1), an owner of a vehicle is not, by virtue of that subsection, guilty of an offence if—

(a) in any case where the offence is dealt with under section 85—the person—

(i) within 21 days after service on the person of a notice under that section in respect of the offence, gives an authorised person referred to in the notice an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

(ii) satisfies the authorised person that the person did not know and could not with reasonable diligence have ascertained that name and address, or

(b) in any other case—the person—

(i) within 21 days after service on the person of a court attendance notice in respect of the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

(ii) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.