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Peterbard

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Status Updates posted by Peterbard

  1. I cannot get on the speeding section,  but this should be on there.

     

    First published 1st 4th this year:

     

    SpeedingCheck.co.uk

  2. re red zone parking.  They have not changed their stance. Airports have a right to enforce under the highways act and subsequent bylaws.

     

    This was never supposed to be a contractual issue. as I said before. It is a civil action only because of the decriminalisation of the zone, and will eventually end up in the civil court, like most other civil parking CPN, enforced by TEC. 

  3. Now Andy is stopping me from answering on anther thread. An answer bythe way which refers both to the 

    op's original question and the nonesense of DX 10. Where he says that defaults will have no effect and ti ignore.

     

    I really do not need to say more.

  4. Decriminalised Parking Enforcement UK Rules and Guidance

    https://www.theukrules.co.uk/.../decriminalised-parking-enforcement.html

    The role of the Decriminalised Parking Enforcement inside and outside of London has become more commonplace. An increasing number of local traffic authority regulators are taking part in this system. In most cases, they assume the responsibility of enforcing some parking contraventions.

    1. Peterbard

      Peterbard

      It trust unlike DX you dont mind reading authority for an argument?

  5. Part two the important bit PLEASE READ

     

    offence. Notice of a contravention is issued in the form of a Penalty Charge Notice (PCN) to the motorist. If the ‘charge’ is not paid the non payment is treated as a civil debt and bailiffs can ultimately remove property to the value of the penalty plus costs as a means of securing that income,if all other prescribed measures fail. If the charge is paid within 14 days of issue of the Notice (PCN),a discount of 50% is accepted in full and final payment. Liability for the payment of the penalty charge rests with the owner/registered keeper, who has an opportunity to make representations against the Notice to Owner to the local authority.

  6. Hi Eric.

    I have been banned from the entire parking forum, so cannot even see whay is going on.

    Please PM me.

    I had no problem with the defence put up. My problems were as usual in regard to Dxs statements, in particular regarding the original claim, not the parking charge one. He and others seem to be of the opinion it wpuld have been a criminal ticket, FPN and therefore enforced via the Maj court. It would not because thered way enforcement is via the appropriate enforcement canter, as this area was decriminalize and therefore any action would be via a civil court and a PCN. He seems to know nothing about decriminalisation and thins all street paring is enforced through the criminal system. 

     

    I now I am new over here, but I learn quickly, of course if i make mistakes, I would welcome construal correction. I any case the action taken against me is, in my view out of order.

    Peter

    1. Peterbard

      Peterbard

      Hi, I have just been double checking on the little I knew already.

       

      This from https://www.britishparking.co.uk/write/Documents/Library/position papers/Position Paper 03.pdf

       

      Prior to September 1993, the enforcement of prohibited parking was carried out by police traffic wardens. Permitted parking was enforced under criminal legislation and non payment pursued through Magistrates Courts.London local authorities in particular lobbied the government to allow them to take on the necessary powers as the local authorities already were accountable for the transport policy and traffic regulations, but were unable to enforce the regulations effectively.
       

      Honeybee says civil enforcement only can be used on car parks and any outside contraventions are criminal. Is this really what some believe.? eIt has not been tru since the 81 act.

       

      Civil enforcement of parking is widespread now and enforces most offense, see below.

      73Contraventions subject to civil enforcement

      (1)Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.

      (2)These are—

      (a)parking contraventions (see Part 1 of the Schedule);

      (b)bus lane contraventions (see Part 2 of the Schedule);

      (c)London lorry ban contraventions (see Part 3 of the Schedule);

      (d)moving traffic contraventions (see Part 4 of the Schedule).

      (3)Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.

      (4)The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.

       

       

      Supplementary provisions as to orders under s. 6.

      (1)Any order under section 6 of this Act may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and, for the purposes of any order so made, any such traffic sign placed on or near a street shall be deemed to be lawfully in place unless the contrary is proved.

      (2)Any such order which imposes any restriction on the use by vehicles of streets in Greater London, or the waiting of vehicles in such streets, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

       

      And also section 7 7 49.

      , These amendment were started in London of course and the on authority application rolled out over the country.

      This was due to provisions introduced in the 81 traffic act, and is introduced to sharp end enforcement by the 1993 traffic order.

       

      This Is why road parking enforcement uses a PCN, and not the police FPN/

       

       

      So I am to be banned because I know this?

    2. Peterbard

      Peterbard

      When you say bylaw Eric you are correct. In that it will be a SI, order, regulation etc made under a local statuary instrument or rule, which would have been made under one of the pieces of legislation mentioned.

       

      But before this, the criminal offence would have to be transferred to a civil one. Its not easy to tag bits onto criminal acts of law.

       

      https://en.wikipedia.org/wiki/By-law
       

      A by-law (bylaw, bye-law, byelaw) is a rule or law established by an organization or community to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercis

  7. Quote

    I have been restricted on the parking forum, so for clarity. 

    was not talking about the action by the Company, I was talking about the correct charge for that offence, red zone. Which would also be a civil offence not a criminal, due to the decriminalisation in that area.

    So you cannot say it should have been held in a criminal court, it, like the charge claim would both be held in a ciil court. It is very unfairtoto be able to respond.

     

  8. Brassneck I cannot get on the thread..

     

    I was not talking about the action by the Company, I was talking about the correct charge for that offence, red zone. Which would also be a civil offence not a criminal, due to the decriminalisation in that area.

    So you cannot say it should have been held in a criminal court, it, like the charge claim would both be held in a ciil court. It is very unfairtoto be able to respond.

    1. Peterbard

      Peterbard

      Part two the important bit PLEASE READ 1981 road traffic ct

       

      offence. Notice of a contravention is issued in the form of a Penalty Charge Notice (PCN) to the motorist. If the ‘charge’ is not paid the non payment is treated as a civil debt and bailiffs can ultimately remove property to the value of the penalty plus costs as a means of securing that income,if all other prescribed measures fail. If the charge is paid within 14 days of issue of the Notice (PCN),a discount of 50% is accepted in full and final payment. Liability for the payment of the penalty charge rests with the owner/registered keeper, who has an opportunity to make representations against the Notice to Owner to the local authority.

    2. Peterbard

      Peterbard

      of parking regulations.
      Decriminalised parking enforcement has resulted in the deployment of more parking attendants than there were Traffic Wardens when the police were responsible for enforcement.The deployment of increased numbers of enforcement personnel and the requirement to issue a Penalty Charge Notice (PCN) whenever the parking attendant observes a contravention has resulted in an increase in the number of parking tickets being issued.Traffic wardens were often instructed to try to move the offender on rather than issue a ticket. However this in practice had little beneficial impact on the level of parking offences as there was no real deterrent. Local authorities have also been given powers to clamp or remove vehicles in contravention of parking regulations

  9. I also have an M.B.A Business, Law degree from 1978.Manch/Lanc

     A HND in Electronic LSI Boolean Calculus and data multiplexing Oldham Tech, and a grade 2 In Classical guitar, performance from Cheetham Hill in Manchester 1985

     

    But please dont hate me.

     

  10. Hi BF

    "This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. "

    Great work in tidying up going on here. Dare I mention you are misspelling the word "there," you are using the wrong word , their is the possessive form of the personal pronoun.
    No need to thank me. Seriously, love the new format.

     

    DB

    1. BankFodder

      BankFodder

      Thanks for this. I'm  pleased you like it.

      I'm afraid the use of the possessive is down to my dictation software which never went to skule and me who doesn't pay enough attention before I click submit.

      Could you send me a link to the incorrect spelling please

       

    2. Peterbard

      Peterbard

      Its in my post  above wrong their/there. I am really the last to be correcting someone else's spelling, but thought I would mention it.

       

       

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