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    • No you're not doomed. It's a shame you covered up the dates and times on your PCN since they can possibly help your case when they don't comply with the requirements of the rules in private car parks. Could you please therefore include the arrival and departure times as well as the date of the offence and the date on which they alleged they sent you the PCN. The PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4.since the wording should invite the keeper to pay the outstanding amount. Also I cannot see on the PCN that UKPO are the Creditor though I may have missed it since it is so unusual not to include it. The upshot is that you as keeper are no longer liable to pay the charge if the driver fails to pay within 28 days-0nly the driver is now liable. As Courts [assuming it gets that far ] do not accept that the driver and the keeper are not the same these rogues will have a hard job who was driving unless you appeal or have appealed and revealed who was driving. You did say that you weren't parked there long and had that been correct you have perhaps 15 minutes where you might have had a further. argument. As it judging by the confusing times mentioned in the wording or the PCN you were there for almost an hour? However as the light was not good and I presume the signs were not illuminated that is a reason that you could not see the sign. And did you have your blue badge showing ? Interestingly the post code quoted does not agree with the Post office one in West houghton= BL5 3JS Are there two different Tesco  car parks in Bolton. You obviously could not be in two places at the same time...............
    • Especially because you have bought the car on finance, there is probably quite a lot that you can do although it sounds as if you are maybe taking the appropriate steps anyway. However you need to give as much more information. We need to know – the name of the dealer details of the vehicle, make, model, mileage, age, price paid – 70 8K? The name of the finance company – and some dates. Date purchased, the date that you have logged this with the FOS and I'm sure there will be other questions. I suppose that you don't understand your consumer rights very well because issues like the sunroof et cetera should have been repaired by the dealership and there was no need for you to spend your own money on this. On the basis of what you have told us, I would suggest that eventually should be up to recover all of your money plus the expenses you have incurred in carrying out repairs. And in fact – you could also list out the faults which have manifested themselves so far and the money you have spent on correcting those. You are entitled to purchase a vehicle which is of satisfactory quality remains that way for a reasonable period of time. At £78,000 I wouldn't expect any serious issues to manifest themselves in this vehicle for quite a few years. Tell us also about the £2400 inspection that you have had carried out. Were you advised to do this? To do this of your own initiative? Who carried it out? That lot for a start
    • Hi Dx, I am hoping you have had an opportunity to skim through this thread. Please may I give it a humble bump for your consideration. My last date to present a WS is Wednesday the 17th. Many thanks and kind regards 🙏  
    • Hello I've got a parking ticket, see here... https://ibb.co/DfHqg9F https://ibb.co/QvqH52m https://ibb.co/pbPPdDg https://ibb.co/X2F1X25 I've been parking at a particular corner in a small Tesco car park for years. Recently they put two electric charging plugs, one where that spot is and one at the bay next door, so I stopped using them out of courtesy in case they need to be used (I use that Tesco every day and drive past every day but have yet to see anyone use them). Recently I went back to Tesco when it was reasonably dark. All the bays were full, including the three blue badge bays. I have one but none of the cars parked in the bays did, I noticed as I walked past them (nobody ever gets pulled for that because Tesco have never policed this small car park before). Since there was two free electric bay spaces, and since I wasn't going to be long (just one product), I parked into my former 'regular' spot. There was a notice on the wall but if I'm honest I didn't read it because (a) I'm thick, and (b) I honestly thought it was just telling people how to use the device (like I said, I'm thick) rather than this being a parking fine. I went back during daylight and the sign is very obvious (as you can see from the picture), although not so obvious at night, although probably still obvious enough for you to tell me "tough luck, pal". Now they want £100 or £60 if I pay quickly. Am I doomed?
    • Hi All   After a bit of advice to see where I stand. Bought a car in Sept 2022 on pcp. Been told it had a big inspection and was good to go. Had many issues with it throughout the year including trims coming off the car and sunroof not closing.   While getting the sunroof repaired at month 12, in Sept 2023, the bodyshop guy said your cars been in a bad accident. Garage said it hasn't but offered to take the car back at half of what I paid for it as long as I buy a replacement from them before inspecting it (probably damage control) (car was £78k, said they'd offer £40k "trade in value" as if doing me a favour).   Ended up getting a forensic inspection done for £2400 in Dec 2023, confirmed car was in a bad smash (write off level but unrecorded on hpi) and potentially unsafe to drive - front end is slightly bent towards 1 side, what looks like a hairline crack on the chasis, overspray, bonner with patches of filler all over it, damaged rubbers etc   Raised complaint to finance company and few weeks ago to FOS... just wondering what people's experiences have been like going through the FOS, main thing that concerns me is that it was 12-13 months after I bought the car that I realised what caused these issues and raised the issue to the garage/ finance co but the damage/ misaligned panels are actually visible in the advert photos which I saved thankfully.    Dealership has had my car for 4 weeks to let a few bodyshops look at it (without giving me a courtesy car!!!) Not giving me any updates either because I went to the FOS about it and didnt want to speak to them over the phone anymore as opposed to emails. Note: hanging trim was reported within 3 months but due to part delays it didn't come until like July 2023, within 2 months the piece came off again, claimed under repairers warranty for another replacement 6 weeks ago and within 2 weeks this time the trim is coming off AGAIN (assuming it won't stay on due to the car being actually bent out of shape slightly)   Any idea if I have a good case or if there's anything else I can do?   Thanks
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REALLY NEED ADVICE please.. How likely am I to get this FPN cancelled?


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Hi All,

 

Hoping you's can help, bit complicated.... But I got given a Fixed Penalty Notice by a Police Community Support Officer yesterday.

 

Parking is getting horrendous where I work (Central Milton Keynes.) due to Developers building on all the bleedin' car parking spaces... ANYHOO... In CMK, parking is mainly meters or permits and it is ran by NCP for the council. Yet, in two places in CMK by my work there is a small rack of parking spaces, sandwiched between two sets of private, controlled parking bays. That have no road-markings, signage, yellow lines or ANYTHING, people that get these in spaces normally, get there early and do not have to display a ticket or permit of any kind to park there.

 

So yesterday, I was as pleased-as-punch to get one of these spaces, having spent 20 mins of my lunchbreak trying to find a somewhere. But upon my return, I had a FPN from a PCSO saying that I was causing an "Unnecessary Obstruction" and that was all it said besides the fact that I have a £30 fine.

 

The cars next to me, were not ticketed and I could not see what I was obstructing. I double-checked and there were still no signs or road markings!

 

I rang the officer today and was told I was obstructing "a path leading from a fire exit" and that the business who's fire exit it was reported my car as it was "an ongoing issue for them".. Yet there were no signs saying "no parking" and none to indicate I was near any fire exit, let alone a "path that leads to one"..

 

I was also told that CMK was a restricted area and that you'd get ticketed for parking anywhere other than a marked bay, which, yes, is true, but none of these bays were marked, yet only I was ticketed, and the parking in marked bays rule as far as I am aware applied to bays only under NCP's jurisdiction, otherwise, private and free bays would get tickets too. Plus, if this is another reason for my ticket, it wasn't even stated on my FPN.

 

I was ALSO told that where I parked was a footpath / pavement, I'll agree that the paving was grey-slabs and not grey block-paving like the rest, but both were on the same smooth level, there was no kerb, steps or road markings to show it was a pathway. Again, my FPN did not state I was parked on a footpath / pavement either.

 

One more thing, it says I was parked on Midsummer Boulevard, however I was not, I was parked on a small back road which links Midsummer Boulevard with an exact parallel road called Silbury Boulevard, the roads doesn't appear to have a name, but being picky, I wasn't actually parked on Midsummer Bouelvard was I?

 

So, I have started typing my letter of appeal, wondering if I stand a chance, what I can add to improve my chances and if there is a risk of a bigger fine at all??

 

Thanks in advance,

Bradders. xx

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The FPN is an offer from the Police to settle out of Court for a fixed amount. If you think the car was not obstructing the way that is claimed by the Police officer you will have to go to magistrates court and dispute it which may result in a higher fine if found guilty.

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The FPN is an offer from the Police to settle out of Court for a fixed amount. If you think the car was not obstructing the way that is claimed by the Police officer you will have to go to magistrates court and dispute it which may result in a higher fine if found guilty.

 

Hi,

 

Thanks.

 

I haven't really got the £30 to pay in the first place, so the thought of paying a higher fine doesn't appeal. But on principal as well as finances I want to appeal especially, as I feel that my FPN seems riddled with flaws and very unjust.

 

Is ther an upper limit on what my fine to go up to?

 

I would have thought that if I stated I good case (I have maps, photo's etc.. ) that I would just get the FPN struck off? Obviously not then!!

 

Bradders. x

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Obstruction is a fairly subjective thing which is why Councils cannot issue tickets for it, all Council PCNs are absolute contraventions with no scope for discretion or judgement. Its always worth a go in court if you feel strongly about it the PCSO may fail to turn up or provide poor evidence.

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On Google Maps, this link road is also labelled Midsummer Boulevard even though it's at right angles to the main Midsummer road

 

Is it?!

 

Not when I look it isn't... I was parked in the next parallel road up from Upper 5th Street.

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If you think the car was not obstructing the way that is claimed by the Police officer you will have to go to magistrates court and dispute it which may result in a higher fine if found guilty.

 

It wasn't a Police Officer, it was a PCSO.

 

PCSO's are not automatically able to issue parking tickets unless specifically authorised by the Chief Constable to be granted the same powers as Traffic Wardens

 

Powers

 

All PCSOs' powers stem from the Police Reform Act of 2002 (which has been since amended), describing a large set of powers that PCSOs can have. The Chief Constable of each service throughout England, Wales and Northern Ireland (the Commissioner for the Metropolitan Police) can decide which of the powers available in law their PCSOs are to be designated with. Each service will have policies about how PCSOs should act and what powers they should use how, where and when. PCSOs do not have a duty to act unlike police constables; it is up to their discretion whether they should exercise a power in each situation. Each PCSO is assigned their powers and must carry a card which lists precisely all the powers they have. Unlike a police constable, a PCSO only has powers when on duty and in uniform, and within the region policed by their respective force.

A consultation process in January 2006 announced intentions to expand some of the powers available to PCSOs.

The powers a PCSO can be assigned at present are:

  • Detain a person for up to 30 minutes to establish their identity if they have committed a relevant offence. This may be until the arrival of a Police Constable otherwise the person may elect to accompany the PCSO to the Police Station instead of waiting
  • Issue Fixed Penalty Notices for various traffic offences, dog fouling, littering, and cycling on footpaths.
  • Issue penalty notices for disorder for various offences including public order, criminal damage and theft.
  • Deal with begging by demanding them to stop.
  • Seize alcohol and tobacco from people under the legal age to be consuming those products.
  • Request a person to stop drinking alcohol in designated public areas, and seize the containers, whether open or closed or any container that the PCSO believes may be used for the consumption of alcohol.
  • Enter property to save life, prevent injury, or prevent serious damage to property.
  • Seize vehicles used to cause alarm and distress.
  • Remove abandoned vehicles, or require them to be removed.
  • Stop vehicles for the purpose of a road check or for exhaust emissions testing.
  • Regulate traffic for the purpose of escorting abnormal loads.
  • Establish, maintain and enforce a cordoned area established under section 33 of the Terrorism Act 2000.
  • Stop and search pedestrians, vehicles and items carried by driver and passengers under section 44 of the Terrorism Act 2000.
  • Stop and search persons under the respective legal ages for alcohol and tobacco.
  • Search any person who they have detained for articles that could be used to escape or for objects that may be used to harm the person or the PCSO.
  • Seize and retain any prohibited articles ie drugs or weapons they find during the course of any of the above searches.

As with any person, they also have full powers of arrest and can arrest anyone without warrant if they know or believe they have committed an indictable offence. Individual force guidelines, however, may instruct them not to use this power.

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It wasn't a Police Officer, it was a PCSO.

 

PCSO's are not automatically able to issue parking tickets unless specifically authorised by the Chief Constable to be granted the same powers as Traffic Wardens

 

Interesting, thanks...

 

In Thames Valley it says...

 

Powers

PCSOs in Thames Valley have the power to:

  • stop cyclists who are cycling on the pavement and issue fixed penalty notices for cycling on the pavement
  • issue local authority fixed penalty notices for dog fouling and litter dropping
  • seize alcohol from people in designated no drinking areas
  • seize alcohol and tobacco from people under age
  • demand the name and address of people acting in an anti-social manner
  • seize vehicles used to cause alarm, or remove abandoned vehicles
  • carry out road checks and stop vehicles for testing
  • enforce cordoned areas
  • disperse groups and remove young persons to their place of residence
  • enter property to save life or limb or prevent serious damage

So does that mean that they DON'T have the power to issue me with this particular FPN??

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This is what the Police Reform says on the matter of FPNs.

 

SCHEDULE 4 Powers exercisable by police civilians

 

Part 1 Community Support Officers

 

Powers to issue fixed penalty notices

 

1 (1) Where a designation applies this paragraph to any person, that person shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

(2) Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence—

(a) the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (fixed penalty notices in respect of offences of disorder);

(b) the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;

© the power of an authorised officer of a local authority to give a notice under section 4 of the Dogs (Fouling of Land) Act 1996 (c. 20) (fixed penalty notices in respect of dog fouling); and

(d) the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter).

(3) In this paragraph “relevant fixed penalty offence”, in relation to a designated person, means an offence which—

(a) is an offence by reference to which a notice may be given to a person in exercise of any of the powers mentioned in sub-paragraph 1(2)(a) to (d); and

(b) is specified or described in that person’s designation as an offence he has been designated to enforce under this paragraph.

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I have enquired of TV police officers.

 

The opinion there is that even though Police and PCSOs cannot issue FPNs for parking, they can for obstruction.

 

Also, and I quote

There is no such thing as a free space in MK to park unless its surrounded by a GREEN line.... and gaps in between are not for parking in..... the rules state you must park within a parked bay otherwise you are committing a parking offence and or obstruction

 

 

In MK all bays have either GREEN, RED or PURPLE lines infront of them and they denote the fees you pay, GREEN = Free RED and PURPLE have a fee and one is more expensive than the other

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They are private bays, but with no restrictions or permits required.

 

The Red, Purple and Green bays are relating to council owned bays that are patrolled by NCP, these bays do not have this as they are not council owned.

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I have enquired of TV police officers.

 

The opinion there is that even though Police and PCSOs cannot issue FPNs for parking, they can for obstruction.

 

Also, and I quote

 

Interesting as when I rang them thsi morning, they said PSCOs have the same rights as Traffic Wardens!?!?!

 

Also, they have issued me with an FPN for an obstruction that was not obvious that I was causing.

 

BTW, another sucker is parked in the space today! Like there is EVERY day, they must be raking in a mint on that space.

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It wasn't a Police Officer, it was a PCSO.

 

PCSO's are not automatically able to issue parking tickets unless specifically authorised by the Chief Constable to be granted the same powers as Traffic Wardens

 

Police Community Support Officer, they are still Police officers in the general sense I intended.

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In fact, in the Police Reform Act 2002, which establishes their existence, they are titled Community Support Officers - the word Police does not appear.

 

A lot of the time, they are not even funded by the Police. The two plastic policemen that we have here are funded by the LA and the Housing Association

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No they are not. They do not hold the office of constable.

 

I never mentioned Constables? Chief superintendants are not contables either are you telling me they are not Police officers? I cannot see the point of nit picking other peoples posts for no other reason than trying to sound clever? I am fully aware of the difference between a sworn police officer and a PCSO but PCSOs are still officers and members of the police force so I was not incorrect in my post.

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I never mentioned Constables? Chief superintendants are not contables either are you telling me they are not Police officers? I cannot see the point of nit picking other peoples posts for no other reason than trying to sound clever? I am fully aware of the difference between a sworn police officer and a PCSO but PCSOs are still officers and members of the police force so I was not incorrect in my post.

 

I take your point about nit-picking, but your post here is wrong.

 

A Chief Superintendent does hold the office of Constable; as does every other Police Officer with a warrant card.

 

CSO are civilan employees of the Police Force (Service:mad:); they are not Police Officers

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I take your point about nit-picking, but your post here is wrong.

 

A Chief Superintendent does hold the office of Constable; as does every other Police Officer with a warrant card.

 

CSO are civilan employees of the Police Force (Service:mad:); they are not Police Officers

 

Rank

 

The rank structure of Metropolitan Police officers is as follows:

  • Commissioner
  • Deputy Commissioner
  • Assistant Commissioner
  • Deputy Assistant Commissioner
  • Commander
  • Chief Superintendent
  • Superintendent
  • Chief Inspector
  • Inspector
  • Sergeant
  • Constable

A sworn in Police officer starts as a Constable once promoted they are no longer Contables.

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Rank

 

The rank structure of Metropolitan Police officers is as follows:

  • Commissioner
  • Deputy Commissioner
  • Assistant Commissioner
  • Deputy Assistant Commissioner
  • Commander
  • Chief Superintendent
  • Superintendent
  • Chief Inspector
  • Inspector
  • Sergeant
  • Constable

A sworn in Police officer starts as a Constable once promoted they are no longer Contables.

 

G&M,

You are confusing yourself with the terminology.

A "Constable" in the sense being discussed here refers to a capacity conferred on an individual by the monarch. It is not solely referring to the rank of police officer described as "constable".

The clue is in the fact that the big cheese in most police forces/services is "Chief Constable".

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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