Jump to content
  • Welcome to AutoLanka

    :action-smiley-028: We found you speeding on AutoLanka Forums without any registration! If you want the best experience, please sign in. Safe driving! 

JayZ

Check For Pending Parking Fines Before You Buy Your Next Used Vehicle

Recommended Posts

Posted (edited)

The Tenaga (Park Smart) car parking fines is a total nightmare.  If you are unable to pay the due fine within 2 hours, the fine increases from LKR 100 to LKR 1500 which is absurd.

The intention of this post is not to discuss about this problem, but to address another issue.

When someone purchase a used vehicle, specially if its used daily in Colombo, its always best to check the parking fine history.
As this fine is associated with the vehicle registration number. 

I know few vehicle owners who neglect these fine payments and the fines has reached 500k+ LKR. The excuse for them is the mobile app doesn't work to pay the fines on time etc ...

Lets imagine they sell one of those vehicles and the new owner may not know about the hefty fines attached with vehicle registration number.  This will be an unnecessary court case at the end. 

Im not sure how this may play out. But better be cautious and add this to the checklist when you are buying a vehicle. 
 

Edited by Davy
Edited Topic Title. Added Search Tags.
  • Like 4

Share this post


Link to post
Share on other sites

good tip, is their a way to check  parking fine history online etc?

Share this post


Link to post
Share on other sites
15 minutes ago, vag2 said:

good tip, is their a way to check  parking fine history online etc?

You can use the Park Smart app.

Share this post


Link to post
Share on other sites

They can't take the car to courts, so it has to be the previous owner.

Risk is to the previous owner until the car get transferred.

 

Share this post


Link to post
Share on other sites
2 hours ago, kush said:

They can't take the car to courts, so it has to be the previous owner.

Risk is to the previous owner until the car get transferred.

 

Does DMT check parking fines before doing the transfer?   Not sure they have such a connected system.

Fines are associated with vehicle reg number.   So when the Tenaga decided to demand past due fines through courts, they must be checking the owner from the vehicle reg no.  ( by this time, if the vehicle is already transferred to a new owner, new owner info is tagged to the case) 

This is how i assume things may happen.   I may be wrong.  

If any of you have further visibility, please do en-light us. 

Share this post


Link to post
Share on other sites
6 hours ago, JayZ said:

Does DMT check parking fines before doing the transfer?   Not sure they have such a connected system.

 

No. They are not authorized to do it either. Parking enforcement is purely a matter between Colombo Municipal Council and the owner of the vehicle. Unless there is an amendment to the MTA, this cannot even happen.

6 hours ago, JayZ said:

Fines are associated with vehicle reg number.   So when the Tenaga decided to demand past due fines through courts, they must be checking the owner from the vehicle reg no.  ( by this time, if the vehicle is already transferred to a new owner, new owner info is tagged to the case) 

This is how i assume things may happen.   I may be wrong.  

If any of you have further visibility, please do en-light us. 

This is a civil matter between Colombo Municipal Council + Tenaga vs. the vehicle owner. If Tenaga is allowed to check the DMT database for ownership details, I'm pretty sure that's a violation of the laws. Unless the MTA is amended to allow this access or unless there is a court order, I highly doubt whether they are actually allowed to do that. Most likely they get the details from the revenue license pasted on the windscreen.

I also highly doubt whether they will actually go to courts to make any claims, as civil claims of this nature can almost never end up in the claimant's favour. Do you know of any actual lawsuit filed by Tenaga?

 

 

  • Like 3

Share this post


Link to post
Share on other sites

From little i know about the law

To get details about the owner from RMV thy will need a court order

Then RMV will give details, if Tenaga lawyers has little bit of brains they should ask for details of owners who had the possession at the time of violation.

If they go to that stage then you can always deny charges and proving their claim will be with Tenaga lawyers, they will need evidence.

As Crosswind says i don't think they stand a chance. Unless the defendant accept the charge.

 

 

Share this post


Link to post
Share on other sites
16 hours ago, Crosswind said:

I also highly doubt whether they will actually go to courts to make any claims, as civil claims of this nature can almost never end up in the claimant's favour. Do you know of any actual lawsuit filed by Tenaga?

I dont know anyone personally who caught up with a lawsuit filed by Tenaga, but i do know few individuals who has well over 500k fines (issues under multiple tickets) under them.

Last year there was a court case on this fines and court gave an order to suspend issuing fines temporarily. 

This suspension has been lifted now and what ticketing officers are telling is now the fines are being gazetted and victims are bound to pay by the law.  

Share this post


Link to post
Share on other sites
21 hours ago, Crosswind said:

No. They are not authorized to do it either. Parking enforcement is purely a matter between Colombo Municipal Council and the owner of the vehicle. Unless there is an amendment to the MTA, this cannot even happen.

This is a civil matter between Colombo Municipal Council + Tenaga vs. the vehicle owner. If Tenaga is allowed to check the DMT database for ownership details, I'm pretty sure that's a violation of the laws. Unless the MTA is amended to allow this access or unless there is a court order, I highly doubt whether they are actually allowed to do that. Most likely they get the details from the revenue license pasted on the windscreen.

I also highly doubt whether they will actually go to courts to make any claims, as civil claims of this nature can almost never end up in the claimant's favour. Do you know of any actual lawsuit filed by Tenaga?

 

 

Hand held device use to print fine sheets  can check DMT database AFAIK. Otherwise how they are clearly print the ownership details on the fine paper?

Share this post


Link to post
Share on other sites
6 hours ago, JayZ said:

I dont know anyone personally who caught up with a lawsuit filed by Tenaga, but i do know few individuals who has well over 500k fines (issues under multiple tickets) under them.

Last year there was a court case on this fines and court gave an order to suspend issuing fines temporarily. 

This suspension has been lifted now and what ticketing officers are telling is now the fines are being gazetted and victims are bound to pay by the law.  

If its gazetted then it might be included in some law or the other (similar to revenue license. However, revenue license is pretty much part of the MTA). Then obviously the vehicle owners are duty bound to pay. But I would really like to see the gazette notice. I'm sure there are ways to challenge it. Those who are slapped with a 500k fine should challenge it in my opinion.

11 minutes ago, invisibleuser said:

Hand held device use to print fine sheets  can check DMT database AFAIK. Otherwise how they are clearly print the ownership details on the fine paper?

That's very interesting. I have never been fined by them because I very rarely park within CMC limits. Do you have a sample of it (you can remove personal details)

Edited by Crosswind

Share this post


Link to post
Share on other sites
18 hours ago, Crosswind said:

If its gazetted then it might be included in some law or the other (similar to revenue license. However, revenue license is pretty much part of the MTA). Then obviously the vehicle owners are duty bound to pay. But I would really like to see the gazette notice. I'm sure there are ways to challenge it. Those who are slapped with a 500k fine should challenge it in my opinion.

That's very interesting. I have never been fined by them because I very rarely park within CMC limits. Do you have a sample of it (you can remove personal details)

 

IMG_20191011_112101.png

Share this post


Link to post
Share on other sites
4 hours ago, invisibleuser said:

 

IMG_20191011_112101.png

This is what I notice at first glance.

1. An offence cannot be stated as X or Y - "parking without making due payments or parking in excess of the time therein permitted" cannot be an offence. If this is taken to courts, a good lawyer can challenge this. They need to tell you EXACTLY what your offence is, not X or Y. Same story with "not attempting to prevent an accident" as frequently written by cops. This has been challenged in the courts and the courts have ruled in favour of the defendant, because the cop failed to explain exactly how the defendant did not attempt to prevent an accident.

2. This is based on a CMC-issued gazette. This is not an amendment to the MTA and therefore, it is a civil matter between you and the CMC. For example, this is similar to you putting up a notice on your lawn, informing people who park on it, will be fined. So if taken to courts and if the defendant decides to battle it out, it will be tough for CMC.

Interestingly, Tenaga's name is not stated anywhere in this paper. Therefore, Tenaga really has no role in this. You need not deal with Tenaga, if the matter goes to courts. Unfortunately this doesnt indicate whether the ownership details are lifted out of the revenue license or the DMT database. If its taken out of the DMT DB, then it will be interesting to find out on what authority it is done.

 

 

Edited by Crosswind
  • Like 1

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Register for a new account in our community. It's easy and FREE!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now



×