Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default warden uncovered motorbike then gave ticket!

    Hi there,

    this morning my husband looked out the window to see his bike, which is chained to the railings outside our house, and a ticket inspector.

    My husband has received a fine in the past for having his moped's license plate uncovered when it was parked on the street, this morning he witnessed the traffic warden actually uncover the bike then issue the ticket - as he was half dressed he couldn't go down to the vehicle, but when he did he found another ticket from the previous day (also for the bike being uncovered) had been slipped under the cover!

    We don't have a photo or anything to prove this, surely it is not legal for them to do this? I am going to email the council opposing this, if anyone has any advice I would appreciate it.

    thanks

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  2. #2
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    Default Re: warden uncovered motorbike then gave ticket!

    One assumes that the "ticket inspector" is a CEO enforcing council parking. If it is a private parking company, then ignore the 'ticket' anyway.

    1) AFAIK, it is not lawful for a CEO to interfere with a vehicle - like removing a cover.

    2) It is also unlawful for a vehicle to be on the public highway without displaying a VRM and current VED disk.

    Purely on the grounds that you have raised above, I would not complain any further.


  3. #3
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    Default Re: warden uncovered motorbike then gave ticket!

    Why is it illegal? What law has been broken, apart from parking a motor vehicle on the public highway without displaying a valid tax disc and vrm that is?


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    Default Re: warden uncovered motorbike then gave ticket!

    Hi there,

    The ticket was issued for having one or more wheels on the footpath, but I have been told that as long as the licence plate is covered, it is ok to have it on the footpath (plus we need to keep it chained to our railings to stop the kids from nicking it) if this is the case then the warden removing the cover to get the licence plate is surely illegal and the ticket bogus?

    thanks


  5. #5
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    Default Re: warden uncovered motorbike then gave ticket!

    Quote Originally Posted by rhirhi83 View Post
    Hi there,

    The ticket was issued for having one or more wheels on the footpath, but I have been told that as long as the licence plate is covered, it is ok to have it on the footpath (plus we need to keep it chained to our railings to stop the kids from nicking it) if this is the case then the warden removing the cover to get the licence plate is surely illegal and the ticket bogus?

    thanks
    Nice theory but as we have already stated covering the plate is an offence not uncovering it. If the bike was damaged by the uncovering you could try to claim off the Council but the ticket would still stand as the bike is still on the footway.


  6. #6
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    Default Re: warden uncovered motorbike then gave ticket!

    Quote Originally Posted by rhirhi83 View Post
    but I have been told that as long as the licence plate is covered, it is ok to have it on the footpath (plus we need to keep it chained to our railings to stop the kids from nicking it)
    Wrong on both counts, I'm afraid. The footway is a part of the highway and any parking restrictions extend to the limit of the highway. Any motorised vehicle on the public highway must display VRM and VED disk at all times.


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    Default Re: warden uncovered motorbike then gave ticket!

    Quote Originally Posted by patdavies View Post
    Wrong on both counts, I'm afraid. The footway is a part of the highway and any parking restrictions extend to the limit of the highway. Any motorised vehicle on the public highway must display VRM and VED disk at all times.
    That's an interesting point patdavies. During the winter I often use one of the car covers that you can get from Halfords to protect the car from snow and frost. These covers generally now cover the entire car down to the bumpers, and are not too uncommon to see in bad weather. Are you saying anyone using one of these covers, unless the car is already on your own private land (not always possible or practical) then you could receive a valid pcnicon for using this protection?


  8. #8
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    Default Re: warden uncovered motorbike then gave ticket!

    Quote Originally Posted by crem View Post
    Are you saying anyone using one of these covers, unless the car is already on your own private land (not always possible or practical) then you could receive a valid pcnicon for using this protection?
    If you are parked illegally or meant to be displaying a permit then yes you could get a PCN, if you are concerned about not displaying VRM/VEL then you would get a FPN from the Police.


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    Default Re: warden uncovered motorbike then gave ticket!

    Quote Originally Posted by green_and_mean View Post
    If you are parked illegally or meant to be displaying a permit then yes you could get a pcnicon, if you are concerned about not displaying VRM/VEL then you would get a FPN from the Police.
    I'm glad I don't live in a big city then! I've never heard of anyone having trouble from the police or council over little things like that in quiet backwaters like I live in.


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    Default Re: warden uncovered motorbike then gave ticket!

    Quote Originally Posted by crem View Post
    I'm glad I don't live in a big city then! I've never heard of anyone having trouble from the police or council over little things like that in quiet backwaters like I live in.
    I've never heard of it happening, the Police would generally just have a look to make sure the vehicle wasn't stolen and leave it alone. All the vehicles around here have a hole to display the permit so the Council leave them alone. It is a bit obvious that its not permitted or people would just park anywhere and throw a sheet over the car.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE