Scunthorpe Plods face private summons from ex plod
Discussion
Former policeman takes force to court for 'illegal' parking
A former police sergeant is taking a senior officer to court over claims that patrol vehicles are repeatedly being parked illegally.
Ernie Gash, 61, claims to have amassed evidence showing the cars and vans left on double yellow lines outside Scunthorpe police station.
He believes the drivers involved should be treated the same as other motorists and issued with fixed penalty tickets if they flout the law.
Mr Gash, who served for 32 years with Humberside police, has taken out a private prosecution against his former colleague, Chief Supt Graham Di Duca, the district commander.
He made notes and took photographs during two months last year and consulted a legal text book at the local library before mounting his legal challenge.
Mr Gash, who represented himself at a preliminary hearing at Scunthorpe magistrates' court, said: "If you enforce the law you have to obey it.
"It is morally wrong that police officers can flout the law when other people get hammered for minor traffic offences. The lines outside the station are there for a reason. There is a blind bend and an issue of safety arises. It is not safe to park on those lines."
He has issued summonses covering alleged parking offences on Corporation Road outside the police station in the town where he spent his entire career and still lives.
The writs allege that Mr Di Duca "aided and abetted" officers to park illegally on double yellow lines on 14 separate occasions.
Mr Gash, married with two children, said he took action after he saw six police cars on double yellow lines. "I have known Mr Di Duca for years so complained to him. He replied that he hadn't enough parking spaces for all the force's vehicles. Despite the police later acquiring more spaces, the problem didn't stop so I decided to issue the summonses."
Mr Gash says Scunthorpe police have about 50 vehicles and estimates there are 46 parking spaces outside the station and in the yard.
The hearing has been adjourned to allow Mr Gash to seek independent legal advice on whether the case falls within the remit of the Prosecution of Offences Act.
Mr Gash is not legally aided and could face costs of up to £7,000 if he loses or if the case goes to appeal.
Stephen Hodgson, the force's solicitor, has told the court that Mr Di Duca intends to deny all 14 charges.
A Humberside police spokesman confirmed that a private summons had been issued. He said: "The charges will be vigorously defended."
FiF comment, I bet they will. Fiver on the charges being thrown out, "police purposes" free get out of jail card.
also reported in The Times here
>>> Edited by Flat in Fifth on Wednesday 4th May 10:46
A former police sergeant is taking a senior officer to court over claims that patrol vehicles are repeatedly being parked illegally.
Ernie Gash, 61, claims to have amassed evidence showing the cars and vans left on double yellow lines outside Scunthorpe police station.
He believes the drivers involved should be treated the same as other motorists and issued with fixed penalty tickets if they flout the law.
Mr Gash, who served for 32 years with Humberside police, has taken out a private prosecution against his former colleague, Chief Supt Graham Di Duca, the district commander.
He made notes and took photographs during two months last year and consulted a legal text book at the local library before mounting his legal challenge.
Mr Gash, who represented himself at a preliminary hearing at Scunthorpe magistrates' court, said: "If you enforce the law you have to obey it.
"It is morally wrong that police officers can flout the law when other people get hammered for minor traffic offences. The lines outside the station are there for a reason. There is a blind bend and an issue of safety arises. It is not safe to park on those lines."
He has issued summonses covering alleged parking offences on Corporation Road outside the police station in the town where he spent his entire career and still lives.
The writs allege that Mr Di Duca "aided and abetted" officers to park illegally on double yellow lines on 14 separate occasions.
Mr Gash, married with two children, said he took action after he saw six police cars on double yellow lines. "I have known Mr Di Duca for years so complained to him. He replied that he hadn't enough parking spaces for all the force's vehicles. Despite the police later acquiring more spaces, the problem didn't stop so I decided to issue the summonses."
Mr Gash says Scunthorpe police have about 50 vehicles and estimates there are 46 parking spaces outside the station and in the yard.
The hearing has been adjourned to allow Mr Gash to seek independent legal advice on whether the case falls within the remit of the Prosecution of Offences Act.
Mr Gash is not legally aided and could face costs of up to £7,000 if he loses or if the case goes to appeal.
Stephen Hodgson, the force's solicitor, has told the court that Mr Di Duca intends to deny all 14 charges.
A Humberside police spokesman confirmed that a private summons had been issued. He said: "The charges will be vigorously defended."
FiF comment, I bet they will. Fiver on the charges being thrown out, "police purposes" free get out of jail card.
also reported in The Times here
>>> Edited by Flat in Fifth on Wednesday 4th May 10:46
So Scunthorpe's traffic wardens don't have the gonads to ticket these cars then? They ought to borrow some from down South.
I don't care if the get free parking in the P&D nearby, just use it and don't block the yellows lads! Next thing they'll all pretend they're on official duty. Uh huh. Dipping digestives.
I don't care if the get free parking in the P&D nearby, just use it and don't block the yellows lads! Next thing they'll all pretend they're on official duty. Uh huh. Dipping digestives.
Wow...... funny place Scunthorpe. Everybody goes about calling each other darling/love in a knowing way and some have seven fingers on one of their hands.
A person who aids, abets, counsels or procures the commission by any other person of an offence has the same criminal liability as that person.
So let look at it:
An abettor is someone who is present assisting or encouraging at the time of the commision of the offence.
A counsellor who is knowingly involved before the commission of the offence in advising or assisting a principle.
The test to apply is that the person knows that the acts which constitute are being done and he gives assistance or encouragement to the perpetrator. A person may be liable for being passive in discharging a duty [Rubie v Faulkner (1940)] - Supervisor or a Learner - but as to others parking illegally ?????-
Whilst not strictly neccessary doesn't seem the individual law breakers are being prosecuted.
As to Police exemption re double yellow line, will depend if this is mentioned in the Traffic regulation Order covering the signs.
Seems there is some leeway for an argument as to why Div Commander is Not Guilty.
This is one that Magsitrates or High Court will have to decide.
DVD
>> Edited by Dwight VanDriver on Wednesday 4th May 16:25
A person who aids, abets, counsels or procures the commission by any other person of an offence has the same criminal liability as that person.
So let look at it:
An abettor is someone who is present assisting or encouraging at the time of the commision of the offence.
A counsellor who is knowingly involved before the commission of the offence in advising or assisting a principle.
The test to apply is that the person knows that the acts which constitute are being done and he gives assistance or encouragement to the perpetrator. A person may be liable for being passive in discharging a duty [Rubie v Faulkner (1940)] - Supervisor or a Learner - but as to others parking illegally ?????-
Whilst not strictly neccessary doesn't seem the individual law breakers are being prosecuted.
As to Police exemption re double yellow line, will depend if this is mentioned in the Traffic regulation Order covering the signs.
Seems there is some leeway for an argument as to why Div Commander is Not Guilty.
This is one that Magsitrates or High Court will have to decide.
DVD
>> Edited by Dwight VanDriver on Wednesday 4th May 16:25
I confess that I'm getting a little hot under the collar recently at this sort of thing. For you PH BiB's on here, (Yes, I do understand - as I'm sure you do when on duty ) but:
Last week I had to go to Liverpool, to a supplier for some electrical parts. Nice ride out, up the M6 and left onto the A580 East Lancs Rd toward Liverpool ( dual carriageway).
The A580 West of the M6 to the west of St Helens has recently been made 60 mph where the rest of the A580 is 70 mph.
Stopped at lights, a police Mondeo PN** VLN pulled along side and stopped. We pulled away, His speed left me when at 60 so I pulled out to "check" his speed.............75 mph!..... 15 mph over the limit. What have you to say to that Mr Callagan? Would you have "taken his photo" and prosecuted? I doubt it.
At the "Carr Mill" lights he stopped and waited for approx 1 minute for the lights (no rush then) After which he accelerated away again and left us all standing.
I don't wish to hijack this excellent thread, so please all don't comment further, but with the "war on the motorist" an' all. This is starting to get up my nose, quite a bit! If that had been me, He would have booked me, and I've probably MORE driving experience than him!
They ARE a law unto themselves.
Loosing sympathy with the Police. 8Pack
>> Edited by 8Pack on Thursday 5th May 03:12
) but: Last week I had to go to Liverpool, to a supplier for some electrical parts. Nice ride out, up the M6 and left onto the A580 East Lancs Rd toward Liverpool ( dual carriageway).
The A580 West of the M6 to the west of St Helens has recently been made 60 mph where the rest of the A580 is 70 mph.
Stopped at lights, a police Mondeo PN** VLN pulled along side and stopped. We pulled away, His speed left me when at 60 so I pulled out to "check" his speed.............75 mph!..... 15 mph over the limit. What have you to say to that Mr Callagan? Would you have "taken his photo" and prosecuted? I doubt it.
At the "Carr Mill" lights he stopped and waited for approx 1 minute for the lights (no rush then) After which he accelerated away again and left us all standing.
I don't wish to hijack this excellent thread, so please all don't comment further, but with the "war on the motorist" an' all. This is starting to get up my nose, quite a bit! If that had been me, He would have booked me, and I've probably MORE driving experience than him!
They ARE a law unto themselves. Loosing sympathy with the Police. 8Pack
>> Edited by 8Pack on Thursday 5th May 03:12
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