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ericsbrother

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ericsbrother last won the day on June 8

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  1. 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

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