Trespass

eddie2 · 20th August 2006, 08:57

I have not been given a tkt but recently had a social talk with a traffic warden. To enforce a tkt they must give it to you or place it on the vehicle.Is this trespass? Whilst trespass is an offence it does not entitle one to damages but any loss or damage as a result of the trespass is I believe recoverable. I stress this is only an off the cuff observation and I hope will attract some comment.Maybe someone can put some flesh on the bones regards legality.

tom3131 · 21st August 2006, 20:15

Quote:

Originally Posted by eddie2

I have not been given a tkt but recently had a social talk with a traffic warden. To enforce a tkt they must give it to you or place it on the vehicle.Is this trespass? Whilst trespass is an offence it does not entitle one to damages but any loss or damage as a result of the trespass is I believe recoverable. I stress this is only an off the cuff observation and I hope will attract some comment.Maybe someone can put some flesh on the bones regards legality.

I'm no expert but i believe Traffic Wardens don't have to attach the ticket to your car as they are employed by the police and can just note down your registration. I think anyway?

But if you mean Parking Attendant, then yes, i think they have to attach it to your vehicle, but when your parked without paying for a ticket or parking correctly etc then infact your the one who is tresspassing on their property, so either them touching your car doesnt count as tresspass because its their land.
Or their tresspass cannot be acted upon because its more minor than your tort.

By the way, I think Tresspass Againt Property is a Tort, not an offence as its Civil. Not 100% though.

JonCris · 23rd August 2006, 10:32

You cannot tresspass on a public highway & the council tax payers own the road.

Parking attendants don't have to attach the ticket. Many car owners drive off at the sight of the warden & often whilst he is in the middle of issuing the ticket & the ticket is still valid.

Thanks to Tone & his great legal mind there is now such a thing as criminal tresspass. The police have yet to understand it exists however because they like fox hunting & much else, refuse to enforce it

However there are many other ways a ticket CAN be invalid & I recommend this other great FREE site PePiPoo: Helping the motorist to get justice if there's a solution it'll be here

JonCris · 23rd August 2006, 10:41

Forgot to mention. Many will recall that have had tickets when decriminalisation was introduced the parking attendants used a ticket pouch that took forever to remove because of the amount of very strong adhesive used which always left a residue which could & often did damage your w/sceen or wipers.

As a result of an action for damage to a vehicle against a parking authority (the name escapes me for the moment) they now use a much milder adhesive which leaves little or no residue

tom3131 · 24th August 2006, 09:49

Quote:

Originally Posted by JonCris

Thanks to Tone & his great legal mind there is now such a thing as criminal tresspass. The police have yet to understand it exists however because they like fox hunting & much else, refuse to enforce it

Hi JonCris,
Could you point me in the direction of some case law or legislation to back that up?
Its a criminal offence to Tresspass on certain government property, which could include schools etc, but what about private property?
Thanks.
Tom3131

dw190 · 24th August 2006, 21:38

Quote:

Originally Posted by JonCris

Parking attendants don't have to attach the ticket. Many car owners drive off at the sight of the warden & often whilst he is in the middle of issuing the ticket & the ticket is still valid.

Oh No It's Not.

For a Parking Contravention:

A PCN must either be attached to the windscreen of the vehicle or handlebar of a motor cycle or handed to the person in charge of the vehicle.

If the above is not complied with the PCN must be cancelled.

For a moving contravention, ie Bus Lanes & Box Junctions.. The Notice can be sent by post

Michael Browne · 24th August 2006, 22:15

Quote:

Originally Posted by JonCris

Parking attendants don't have to attach the ticket. Many car owners drive off at the sight of the warden & often whilst he is in the middle of issuing the ticket & the ticket is still valid.

DW is right. Look here Section 12.11: Re: 'Driveaways'
http://www.dft.gov.uk/stellent/group...ads_027631.pdf

JonCris · 25th August 2006, 00:18

Your correct. thats why the buggers often claim they have placed it on the vehicle when they haven't

dw190 · 25th August 2006, 14:13

Quote:

Originally Posted by JonCris

Your correct. thats why the buggers often claim they have placed it on the vehicle when they haven't

Thats also the reason they carry digital cameras to photograph the ticket on the car.

Even photos can be dodgy

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