Can parking wardens break the law on duty?
Can parking wardens break the law on duty?
Author
Discussion

RB Will

Original Poster:

10,873 posts

270 months

Thursday 3rd November 2016
quotequote all
Walking to work this morning and I walk past 2 parking wardens putting tickets on 2 cars that were parked in a bus stop.

Fair cop and everything, they were mums who had parked there and taken their kids to the local school. People used to use the residential road next to the school for this but residents have complained about the mayhem and have cones out now to stop it.

My question arises from the fact that in the 10 mins these 2 wardens were there writing the tickets and taking pics they were parked in the bus stop too so are they allowed to park illegally to hand out tickets? Would you be able to get a ticket nullified on these grounds?

singlecoil

35,834 posts

276 months

Thursday 3rd November 2016
quotequote all
RB Will said:
Would you be able to get a ticket nullified on these grounds?
No.

HTH

Foliage

3,861 posts

152 months

Thursday 3rd November 2016
quotequote all
Yes, No

Don't park in a bus stop.

MoggieMinor

471 posts

175 months

Thursday 3rd November 2016
quotequote all
RB Will said:
Walking to work this morning and I walk past 2 parking wardens putting tickets on 2 cars that were parked in a bus stop.

Fair cop and everything, they were mums who had parked there and taken their kids to the local school. People used to use the residential road next to the school for this but residents have complained about the mayhem and have cones out now to stop it.

My question arises from the fact that in the 10 mins these 2 wardens were there writing the tickets and taking pics they were parked in the bus stop too so are they allowed to park illegally to hand out tickets? Would you be able to get a ticket nullified on these grounds?
There's the answer then. If residents of the nearby road are putting cones out on 'their' road to stop other people using it then those cones need moving and the people putting them out charged with obstructing the highway.

Presumably they were aware the school was there when they moved to the road? Its a few minutes each day, not worth getting wound up about.

speedking31

3,945 posts

166 months

Thursday 3rd November 2016
quotequote all
Highway code says bus stop = Do not park, not Must not. But if the mums were parked illegally then I suppose the CEOs were as well. I didn't think CEOs were permitted to park illegally?

Jim1556

1,838 posts

186 months

Thursday 3rd November 2016
quotequote all
speedking31 said:
Highway code says bus stop = Do not park, not Must not. But if the mums were parked illegally then I suppose the CEOs were as well. I didn't think CEOs were permitted to park illegally?
In execution of their duties, they can park where us mortals aren't allowed - this doesn't include dinner breaks and shopping trips, but, say, parking on double yellows to ticket a 'civilian' is allowed... As I understand it...

Also, as Moggie says above, idiots putting cones out to protect their parking spaces is illegal! Police should be informed unless the CEOs are removing them?

Bristol spark

4,509 posts

213 months

Thursday 3rd November 2016
quotequote all
speedking31 said:
I didn't think CEOs were permitted to park illegally?
Well they are hardly likely to ticket there own vehicle now are they wink So they are probably rather safe in doing so.....

speedking31

3,945 posts

166 months

Friday 4th November 2016
quotequote all
Unless they meet these guys.

PAULJ5555

3,554 posts

206 months

Friday 4th November 2016
quotequote all

Cones you say, we had problem with people putting cones out. We sent everyone the letter below and it soon stopped.



Dear homeowner

It has been observed recently that the offence of obstructing a public highway has occurred on numerous occasions at your address.

Items such as Traffic Cones, Refuse Bins, Wood, ladders, Bricks, not authorised by the Local Authority are classed as unlawful.


Highways Act 1980 Section 148 ©
if without lawful authority or excuse—
© a person, deposits anything whatsoever on a highway to the interruption of any user of the highway he is guilty of an offence.

Highways Act 1980 Section 137
if without lawful authority or excuse—
a person, in any way wilfully obstructs the free passage along a highway he is guilty of an offence.


This matter has been reported to the local Police and Highways Agency for further investigation and prosecution.


surveyor_101

5,069 posts

209 months

Friday 4th November 2016
quotequote all
No they arent supposed to, but only the police can really tell the wardens off.

Its time and time again CEO in vehicles on enforcement park illegally to snap drivers who have.

Its hypocrisy but its the same with speed camera vans. The laws are for guidance of those enforcing them and the poor to obey.

RB Will

Original Poster:

10,873 posts

270 months

Friday 4th November 2016
quotequote all
Regards the cones on the other road. It may not be to the letter of the law but I think it has been supported by local council and plod. It was getting that bad that lazy parents were parking up the road, on pavements and even on peoples driveways and blocking the residents in stopping them going to work and many calls were made to the police. The cones have notices on explaining why they are there and it seems to work, just to clarify I don not live on that road and its a residential cul de sac. Cones are only sat at roadside to complicate parking, not blocking the road in any way.

HantsRat

2,409 posts

138 months

Friday 4th November 2016
quotequote all
surveyor_101 said:
No they arent supposed to, but only the police can really tell the wardens off.

Its time and time again CEO in vehicles on enforcement park illegally to snap drivers who have.

Its hypocrisy but its the same with speed camera vans. The laws are for guidance of those enforcing them and the poor to obey.
Police speed cameras are exempt from parking regulations as the vehicles are being used to a policing purpose.

Truffs

266 posts

168 months

Saturday 5th November 2016
quotequote all
Exactly his point!

Just the same as "do you know how fast you were going? I had to do 135 to catch you up!"


BossHogg

7,545 posts

208 months

Wednesday 9th November 2016
quotequote all
PAULJ5555 said:
Cones you say, we had problem with people putting cones out. We sent everyone the letter below and it soon stopped.



Dear homeowner

It has been observed recently that the offence of obstructing a public highway has occurred on numerous occasions at your address.

Items such as Traffic Cones, Refuse Bins, Wood, ladders, Bricks, not authorised by the Local Authority are classed as unlawful.


Highways Act 1980 Section 148 ©
if without lawful authority or excuse—
© a person, deposits anything whatsoever on a highway to the interruption of any user of the highway he is guilty of an offence.

Highways Act 1980 Section 137
if without lawful authority or excuse—
a person, in any way wilfully obstructs the free passage along a highway he is guilty of an offence.


This matter has been reported to the local Police and Highways Agency for further investigation and prosecution.
Reporting people to the Highways Agency won't help mucker, we're now Highways England and are only responsible for the strategic road network and not residential parking matters. wink

Foliage

3,861 posts

152 months

Thursday 10th November 2016
quotequote all
speedking31 said:
Highway code says bus stop = Do not park, not Must not. But if the mums were parked illegally then I suppose the CEOs were as well. I didn't think CEOs were permitted to park illegally?
How are they supposed to ticket someone on a continues road with double yellows for a few miles, park up legally then walk 2 miles to the car?

speedking31

3,945 posts

166 months

Thursday 10th November 2016
quotequote all
Wrong end of the stick. My point is that they cannot be ticketed just for parking at a Bus Stop. It must be DYL or Red Route or some other waiting restriction. HTH.

Disastrous

10,216 posts

247 months

Thursday 10th November 2016
quotequote all
Foliage said:
speedking31 said:
Highway code says bus stop = Do not park, not Must not. But if the mums were parked illegally then I suppose the CEOs were as well. I didn't think CEOs were permitted to park illegally?
How are they supposed to ticket someone on a continues road with double yellows for a few miles, park up legally then walk 2 miles to the car?
Works for me, tbh. Also puts them out of action for a bit.

PAULJ5555

3,554 posts

206 months

Monday 14th November 2016
quotequote all
BossHogg said:
PAULJ5555 said:
Cones you say, we had problem with people putting cones out. We sent everyone the letter below and it soon stopped.



Dear homeowner

It has been observed recently that the offence of obstructing a public highway has occurred on numerous occasions at your address.

Items such as Traffic Cones, Refuse Bins, Wood, ladders, Bricks, not authorised by the Local Authority are classed as unlawful.


Highways Act 1980 Section 148 ©
if without lawful authority or excuse—
© a person, deposits anything whatsoever on a highway to the interruption of any user of the highway he is guilty of an offence.

Highways Act 1980 Section 137
if without lawful authority or excuse—
a person, in any way wilfully obstructs the free passage along a highway he is guilty of an offence.


This matter has been reported to the local Police and Highways Agency for further investigation and prosecution.
Reporting people to the Highways Agency won't help mucker, we're now Highways England and are only responsible for the strategic road network and not residential parking matters. wink
Its not a residential parking matter, its about obstructions on the highway.

I live in Wales not sure if its changed here.



speedchick

5,288 posts

252 months

Monday 14th November 2016
quotequote all
speedking31 said:
Wrong end of the stick. My point is that they cannot be ticketed just for parking at a Bus Stop. It must be DYL or Red Route or some other waiting restriction. HTH.
Contravention 47. Parked on a restricted bus stop/ stand.

As to the question about CEOs pulling up there, yes they can if they are enforcing, but it's generally frowned upon (depending on the local authority)