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.
There is no free parking anywhere near my home, so I often park in the car park of the council flats opposite. I am aware I am not allowed to park there and there is a sign stating that the car park is for residents only.
However I have been parking there for several years without any problem, even the residents don't mind as if they ever need a space they can knock on my door and get me to move my car so I act as a convenient space saver for many of them. One resident in particular has decided to make it difficult for me, he has made many complaints to the council about me but the council have chosen not to enforce their own parking rules and have not taken any action against me for parking there.
A few days ago I found a note on my windscreen from a Police Community Support Officer instructing me to stop parking there and advising me I will be issued with a parking ticket if I continue to do so. So, my question is do the Police have the right to issue me with a parking fine for parking in the car park of council flats of which I am not a resident?
You can only be ticketed if you are parked illegally or causing an obstruction. It is a public road, if the council dont want you to park there they need to bring in residents parking permits or bring in parking enforcement officers to monitor the situation.
A few days ago I found a note on my windscreen from a Police Community Support Officer instructing me to stop parking there and advising me I will be issued with a parking ticket if I continue to do so. So, my question is do the Police have the right to issue me with a parking fine for parking in the car park of council flats of which I am not a resident?
Thanks for reading.
The PCSO may not have meant HE would issue a ticket but that one may be issued.
Before being so sure I would check to see whether the council have passed a bylaw making parking in the flats carpark resident only.
If this is the case (and they can do this) then the police CAN issue a parking ticket as it would be against the bylaw to park there and thus illegal.
Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.
If my advice or information has assisted you in any way - please click my scales.
thanks
[COLOR=red]Nat West Charges £1056 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Charges £3600 [B]WON[/B][/COLOR]
[COLOR=#ff0000]RBS Unenforceable Loan £18500 [B]Pending[/B][/COLOR]
[COLOR=#ff0000]RBS PPI on loan above [B]Pending[/B][/COLOR]
[COLOR=red]MBNA Credit Card [B]CCA & SAR Sent[/B][/COLOR]
[COLOR=#ff0000]Co-op Credit Card [B]CCA Sent[/B][/COLOR]
Before being so sure I would check to see whether the council have passed a bylaw making parking in the flats carpark resident only.
If this is the case (and they can do this) then the police CAN issue a parking ticket as it would be against the bylaw to park there and thus illegal.
It also depends on whether your council is running a Decriminalised Parking Enforcement scheme.
AIUI if this is the case then the PCSO would only be able to issue tickets for obstruction, or non-compliance with the law (e.g. invalid tax-disc.)
What would sort isssue this out is quick call to the Council asking if there is a Traffic Regulation Order of any sort on the car park and if it's been amended recently.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
(Only half in jest) they might give you an ASBO instead.
In Reading (which is decriminalised), I have seen a PCSO ticket a car that was parked on a pavement/double yellows. Perhaps this counts as obstruction?
I thought this was quite odd as the CEOs' office is just down the road so they are usually up and down this street at least 3-4 times a day.
(Only half in jest) they might give you an ASBO instead.
In Reading (which is decriminalised), I have seen a PCSO ticket a car that was parked on a pavement/double yellows. Perhaps this counts as obstruction?
I thought this was quite odd as the CEOs' office is just down the road so they are usually up and down this street at least 3-4 times a day.
I think the PCSO can be authorised to issue PCNs in DPE scheme but I'm not 100%.
------------------------------------------------------------------------------------------------------------------------------------- This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm. --------------------------------------------------------------------------------------------------------------------------------------
I think the PCSO can be authorised to issue PCNs in DPE scheme but I'm not 100%.
- and i think you are right - well not pcn but FPN by CSO or policeman for the examples you gave above.
if, for example, in London you parked on the footway and a CEO walked straight past but BiB gave you FPN for obstruction, I, for one, would not be standing in front of a maggie to argue the toss!
A pcn can only be issued by a CEO not a Police Officer or PCSO their is no provision in the TMA 2004 for anything else. PCSOs do however enforce Red Routes in London as they are assigned to work with Tfl how they do this I am not sure as they cannot be employed as both a PCSO/Traffic Warden and a CEO so maybe their is some legislation that covers this (or the PCNs are all invalid, lol).
A pcn can only be issued by a CEO not a Police Officer or PCSO their is no provision in the TMA 2004 for anything else. PCSOs do however enforce Red Routes in London as they are assigned to work with Tfl how they do this I am not sure as they cannot be employed as both a PCSO/Traffic Warden and a CEO so maybe their is some legislation that covers this (or the PCNs are all invalid, lol).
Yeah but can still issue FPN in CPE area - or not?
Yeah but can still issue FPN in CPE area - or not?
Not for a parking offence except zig zags it would have to be a 'traffic' offence ie obstruction.
Criminal proceedings for parking contraventions in civil enforcement areas
7.—(1) No criminal proceedings may be instituted and no fixed penalty notice may be served in respect of any parking contravention occurring in a civil enforcement area, except a pedestrian crossing contravention.
(2) A penalty charge shall not be payable in relation to a pedestrian crossing contravention where—
(a) the conduct constituting the contravention is the subject of criminal proceedings; or
(b) a fixed penalty notice, as defined by section 52 of the Road Traffic Offenders Act 1988(6), has been given in respect of that conduct.
(3) Where, notwithstanding the provisions of paragraph (2)—
(a) a penalty charge has been paid in respect of a pedestrian crossing contravention; and
(b) the circumstances are as mentioned in paragraph (2)(a) or (b),
the enforcement authority shall, as soon as reasonably practicable after those circumstances come to its notice, refund the amount of the penalty charge
- and i think you are right - well not pcn but FPN
-
Yep.
Might surprise some to know - I wish they would more often. I don't think the inumerable evening pavement parkers i see daily do any of the rest of us any favours!
-
Police enforcing council parking rules?
for parking in the car park of council flats of which I am not a resident?
Reply With Quote
Originally Posted by Cjtt229
