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The Consumer Action Group
> Parking / Traffic Offences

Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 22nd June 2008, 21:59   #821 (permalink)
robbie1944
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Default Re: Your parking ticket may be unlawful

This council is decriminalised as all the wardens are now council and all the police traffic wardens are now PCSOs
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Old 22nd June 2008, 22:05   #822 (permalink)
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Default Re: Your parking ticket may be unlawful

Check the order for the car park. see who should/can enforce and under what regs.
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Old 22nd June 2008, 22:19   #823 (permalink)
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Default Re: Your parking ticket may be unlawful

Quote:
Originally Posted by robbie1944 View Post
This council is decriminalised as all the wardens are now council and all the police traffic wardens are now PCSOs
The Council and PATROL seem to disagree but what do I know!?
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Old 22nd June 2008, 22:45   #824 (permalink)
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Default Re: Your parking ticket may be unlawful

good point.
but their website says council is responsible. possible Patrol website lag ?

East Riding of Yorkshire Council Website - Parking


they do publish at least some TRO information
East Riding of Yorkshire Council Website - Traffic Orders
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Old 22nd June 2008, 22:52   #825 (permalink)
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Default Re: Your parking ticket may be unlawful

Quote:
Originally Posted by lamma View Post
good point.
but their website says council is responsible. possible Patrol website lag ?

East Riding of Yorkshire Council Website - Parking


they do publish at least some TRO information
East Riding of Yorkshire Council Website - Traffic Orders
Having wardens patrol car parks and on street paid for parking is not DPE, under DPE the Council enforce ALL parking not just permit and paid for parking under the 1984 regulations.

The council provides pay and display car parks across the East Riding together with areas of on-street paid parking. Council wardens patrol these areas and will issue parking fine notices in all cases where non-payment, out of bay or time expired parking is identified.

Similar notices will be issued for parking offences in controlled parking zone areas, which are described in the A-Z of council services under controlled parking zones.

All other parking areas are under the jurisdiction of the police and are patrolled by their traffic wardens. The council is unable to offer assistance with parking fine tickets that have been issued by the police or their traffic wardens.

Last edited by green_and_mean; 22nd June 2008 at 23:00.
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Old 24th June 2008, 17:30   #826 (permalink)
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Default Re: Your parking ticket may be unlawful

The head of the Association of Chief Police Officers has today announced live on TV that the ready availability of DVLA data to parking companies and clampers was a "mistake".
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Old 24th June 2008, 17:55   #827 (permalink)
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Default Re: Your parking ticket may be unlawful

Well in that case the police should stop aiding & abetting these firms in the collection of these charges by unlawful means
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Old 24th June 2008, 17:58   #828 (permalink)
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Default Re: Your parking ticket may be unlawful

Quote:
Originally Posted by JonCris View Post
Well in that case the police should stop aiding & abetting these firms in the collection of these charges by unlawful means
And the DVLA should immediately cease releasing sensitive data

Last edited by TideTurner; 24th June 2008 at 19:15.
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Old 24th June 2008, 21:23   #829 (permalink)
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Default Re: Your parking ticket may be unlawful

Quote:
Originally Posted by TideTurner View Post
And the DVLA should immediately cease releasing sensitive data
But I'll bet they come up with £9.5 million reasons why they won't stop doing it.....(or am I just being cynical). lol
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Old 24th June 2008, 21:28   #830 (permalink)
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Default Re: Your parking ticket may be unlawful

Quote:
Originally Posted by pin1onu View Post
But I'll bet they come up with £9.5 million reasons why they won't stop doing it.....(or am I just being cynical). lol
It may make them sit up and listen.
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Old 15th July 2008, 18:16   #831 (permalink)
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Default Re: Your parking ticket may be unlawful

Hi Can someone please tell me if this PCN is legal.

Unfortunately my scanner is not working but as its a shortish one I will type it out exact. I parked in a red route(white lined) bay with a disability badge assuming I had 3 hours but I have since found out this is not the case. I just wanted to double check before I pay if its been presented correctly.


Penalty Charge Notice
Traffic Management Act 2004
Civil Enforcement of Parking Contraventions (england) General regulations 2007

Date of notice 15/07/2008

Penalty Charge Notice XXXXXXXXXXX

Vehicle Registration mark XXXXXXXX

Was seen in XXXXXXXXX


From : 09:59 to 11.32

On : 15/07/2008

In circumstances giving me reasonable cause to believe that the vehicle was STOPPED WHERE PROHIBITED (ON A RED ROUTE OR CLEARWAY)


Officer : Tfl XXXXXXXXXX


A penalty charge of £120 is payable and must be before the end of the period of 28 days begining with the date of this notice.

If the penalty charge is paid before the end of the period of 14 days beginning with the date of this notice, the ammount of the penalty charge will be reduced by 50 %

If the penalty charge is not paid before the end of the 28 day period, a notice to owner may be served by Transport for London on the person appearing to us to be the owner of the vehicle. this will allow the recipient to make representations reguarding the alleged contravention.

All representations must be made in writing to XXXX


any replies would be most welcome :0)
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Old 16th July 2008, 18:07   #832 (permalink)
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Default Re: Your parking ticket may be unlawful

Hi all,

I've received a PCN ticket of £50 for an 12 minute overstay in a Pay & Display car park in Blackpool, as I waited around in the dry until the thunderstorm had stopped.


The only errors I can find is the date states 'Served on' rather than 'Date of Notice' or 'Date of Issue', it also has the date of contravention, but no colour of Vehicle.


It also states the Tax Disc is illegible ?


Is this one for a challenge?


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Old 19th July 2008, 20:17   #833 (permalink)
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Default Re: Your parking ticket may be unlawful

Hello

I hope this question is relevant to this thead but can any one tell me why it is lawful for local councils ( or any other body charging for car parking ) to use machines that do not give change ?

If you go into any retail shop the price must be displayed ( I think this is a requirement of the law ) and if you pay more than the stipulated amount I think it is an obligation on the part of the retailer to give you the correct change.

Why is it then that in a car park the tariff is clearly displayed on the ticket machine and yet thay can take more more than is required and give no change ?

I can't think of any other instance except car parking where this happens. Is it legal ? If so which part of the law allows this ? If not, why do we put up with it ?

Valhalla
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Old 19th July 2008, 20:29   #834 (permalink)
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Default Re: Your parking ticket may be unlawful

Indeed... and how often is the fee 80p or £2.90... I wonder how much extra revenue is pulled in through peeps not having the correct change?
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Old 19th July 2008, 21:16   #835 (permalink)
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Default Re: Your parking ticket may be unlawful

Quote:
Originally Posted by Valhalla View Post
I can't think of any other instance except car parking where this happens. Valhalla
BT phone boxes do not give change.
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Old 19th July 2008, 21:41   #836 (permalink)
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Default Re: Your parking ticket may be unlawful

Hi, I have been reading some of the postings on charges and am checking out this:
I have received a pretty quick reply to my contesting the issue of a PCN which I do not regard as legal. I parked in Ramsbottom, Lancs in what was a (formerly) church car park but now linked to the Health Centre. The chap issuing the PCN prevented me from moving the vehicle by standing behind it. I almost paid up but thought the notice looked 'rather dodgy'. This is what I wrote to Carpark Management UK Ltd PO Box 201 Accrington:


I wish to appeal against the notice given on the following grounds:
  • It omits to mention the date and time of the alleged offence and only states date of issue – both dates should be in evidence
  • It does not state the Attendant/Warden Number
  • It does not give details of the relevant contravention code, it’s number and it’s description – on either the front or reverse of the notice
  • It does not refer to the relevant statute (ie Road Traffic Act ) which has been contravened.
I received a response by return from an unnamed person (squiggle for signature) on behalf of CPM UK Ltd PO Box 210 stating: 'A copy of the ticket you sent us is enclosed with this letter with the relevant points of information circled for you. Please make payment within 7 days or further charges may be added'.

The full charge was £85.00 with £60.00 reduced rate within 14 days.
There is no heading to the PCN - it starts with Part 1 Issue Details.
Beneath this boxes:
Vehicle Registration: XXXXXX
Date of Issue: (On the copy they have returned Date & Time has been written in blue biro circling the box) does not answer date and time of offence.
Vehicle Make: Polo
Colour of Vehicle: Grey
Location: Ramsbottom Health Centre
Location Code: Bury
Reason for issue: Patient Parking
There is a squiggle circled at the top stating that this is the warden name and number.
Part 2 is Payment Details
including
Photographic evidence has been taken and can be used in evidence in court

Beneath this is a Payment Slip with a number 4403 (circled as the PCN number) but not repeated above the tear off slip. Payment method is Cash/PO or cheque.

Not happy and feel this is a way of getting money with threats - any thoughts?

Last edited by Vermillion; 19th July 2008 at 22:11.
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