Parking fascism let loose next month
Discussion
The STING in the tail of the new Parking Laws
Sun, 17 Feb 2008 08:40
From Barrie Segal - founder of AppealNow.com
The government has claimed that new parking regulations coming into force in England and Wales on 31st March 2008 are transparent and fairer for the motorist. Nothing could be further from the truth.
One example will suffice. Under current legislation, in order for a parking ticket to be valid it must be handed to the person believed to be the driver or put on the vehicle. If it is not, then it is not validly issued and is not enforceable. This was confirmed in the 2007 High Court case of R (on Application of Transport for London) v Parking Adjudicator (interested party Ademolake) (EWHC 1172 Admin)
Under current law, a ticket issued by a parking attendant can only be sent by post if the parking attendant was physically prevented from putting the ticket on the vehicle or giving it to the driver. (From the 31st of March, as a result of some bright spark's inspiration, parking attendants will be known as Civil Enforcement Officers-this is the only part of new parking laws which is likely to give the motorist a laugh.)
There are very good reasons for this rule. If someone gets a parking ticket they know exactly what they were doing at the time, and if for example they were letting off a passenger or loading goods, they can gather the evidence necessary to prove that. There are a lot of cases where drivers drive away before the ticket can be put on their vehicle either because they are unaware of the presence of the parking attendant or because they see the parking attendant lurking. In this situation the parking attendant is prevented from issuing a valid parking ticket so it has led to a massive fraud where the parking attendant claims that the ticket was put on the vehicle or handed to the driver when neither was the case. As a result, the first the motorist knows of the parking ticket is when they get a document called a Notice to Owner in the post, claiming they haven't paid the parking ticket.
When I uncovered this scam nearly five years ago, I christened it the Ghost Ticket, and the name stuck. It is now used by parking attendants, local authorities and the press. There have been many cases heard by Parking Adjudicators which have demonstrated that parking attendants have fabricated evidence to claim that the tickets were correctly served. The latest wheeze is when challenged to show a photograph of the ticket on the vehicle, the parking attendants either claim they were physically assaulted and prevented from issuing the ticket or that the motorist tore up the ticket.
In the new legislation the government has sneakily inserted a provision that where a parking attendant has started to write a ticket and the motorist drives away, they can send the ticket by post. The opportunities for fraud are astonishing and in my view 'legalize' the issue of Ghost Tickets. The Transport Minister has claimed this is to do with safety, as it will stop motorists driving away to avoid receiving a ticket!
What is worse is that when a ticket is issued in these circumstances and are sent in the post, motorists will lose their current right to make an informal appeal against the parking ticket. If they appeal to the council and the council turns them down, their next appeal is to the Parking Adjudicator.
There are at least two major problems with this: How will the motorist know exactly what they were doing at the time the parking ticket was allegedly written up and if the motorist never receives the parking ticket because it is lost in the post or mis-addressed (or actually never sent!) the first they will hear of the parking ticket is when they receive a document called a Charge Certificate, increasing the original fine by 50% and threatening that unless payment is made the debt will be registered at Northampton County Court.
The glaring problem with this is that once a Charge Certificate is issued, the motorist can no longer appeal against the parking ticket. They will either have to persuade the council to cancel the Charge Certificate and re-issue the Penalty Charge Notice (the legal name for a parking ticket), or if they do not, then await the registration of the debt at the court and the issue of an Order for Recovery.
The only way then to stop bailiffs arriving at the front door is for a witness statement to be sent to the court stating that the original Penalty Charge Notice was not received and requiring the court to cancel the registration of the debt and requiring the local authority to go back to the parking ticket stage. There are strict time limits to get this witness statement in to the court, and if the motorist fails to do so they can expect bailiffs at their door. Given the high percentage of mail that is
lost in the post, it is likely that Orders for Recovery will rocket, bailiffs' visits will increase, more vehicles will be impounded and general chaos will reign.
If this isn't bad enough, the new legislation will mean that all parking tickets or other tickets issued on the basis of CCTV camera evidence will be subject to the same new procedure. (Currently all but one type of CCTV-issued tickets are subject to the three-stage appeal process:
1- the informal appeal to the council
2- the formal appeal to the council, and
3- the final appeal to the Parking Adjudicator.)
Moreover, as local authorities outside London start to issue CCTV tickets, this will have a further knock-on effect with corresponding Orders for Recovery and bailiffs' visits.
The new Parking laws came into force by virtue of the Traffic Management Act 2004. Under this legislation the existing parking legislation, The Road Traffic Act 1991 legislation is repealed. The parking rules are now to be set out in statutory instruments by the Lord Chancellor.
Four Statutory Instruments were passed just before the 2007 Christmas recess on 10th December 2007. As these Statutory Instruments are "delegated legislation " they were debated and approved in Committee rather than by the full Parliament.
The statutory Instruments are as follows:
Civil Enforcement of Parking Contraventions (England) General Regulations 2007
Civil Enforcement of Parking Contraventions(Approved Devices)(England)Order 2007
Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007
[i]Barrie Segal is the founder of www.AppealNow.com, a website which helps motorists fight unfair parking tickets and is the author of "The Parking Ticket Awards: Crazy Councils, Meter
Madness & Traffic Warden Hell" published by Portico[/i]
Sun, 17 Feb 2008 08:40
From Barrie Segal - founder of AppealNow.com
The government has claimed that new parking regulations coming into force in England and Wales on 31st March 2008 are transparent and fairer for the motorist. Nothing could be further from the truth.
One example will suffice. Under current legislation, in order for a parking ticket to be valid it must be handed to the person believed to be the driver or put on the vehicle. If it is not, then it is not validly issued and is not enforceable. This was confirmed in the 2007 High Court case of R (on Application of Transport for London) v Parking Adjudicator (interested party Ademolake) (EWHC 1172 Admin)
Under current law, a ticket issued by a parking attendant can only be sent by post if the parking attendant was physically prevented from putting the ticket on the vehicle or giving it to the driver. (From the 31st of March, as a result of some bright spark's inspiration, parking attendants will be known as Civil Enforcement Officers-this is the only part of new parking laws which is likely to give the motorist a laugh.)
There are very good reasons for this rule. If someone gets a parking ticket they know exactly what they were doing at the time, and if for example they were letting off a passenger or loading goods, they can gather the evidence necessary to prove that. There are a lot of cases where drivers drive away before the ticket can be put on their vehicle either because they are unaware of the presence of the parking attendant or because they see the parking attendant lurking. In this situation the parking attendant is prevented from issuing a valid parking ticket so it has led to a massive fraud where the parking attendant claims that the ticket was put on the vehicle or handed to the driver when neither was the case. As a result, the first the motorist knows of the parking ticket is when they get a document called a Notice to Owner in the post, claiming they haven't paid the parking ticket.
When I uncovered this scam nearly five years ago, I christened it the Ghost Ticket, and the name stuck. It is now used by parking attendants, local authorities and the press. There have been many cases heard by Parking Adjudicators which have demonstrated that parking attendants have fabricated evidence to claim that the tickets were correctly served. The latest wheeze is when challenged to show a photograph of the ticket on the vehicle, the parking attendants either claim they were physically assaulted and prevented from issuing the ticket or that the motorist tore up the ticket.
In the new legislation the government has sneakily inserted a provision that where a parking attendant has started to write a ticket and the motorist drives away, they can send the ticket by post. The opportunities for fraud are astonishing and in my view 'legalize' the issue of Ghost Tickets. The Transport Minister has claimed this is to do with safety, as it will stop motorists driving away to avoid receiving a ticket!
What is worse is that when a ticket is issued in these circumstances and are sent in the post, motorists will lose their current right to make an informal appeal against the parking ticket. If they appeal to the council and the council turns them down, their next appeal is to the Parking Adjudicator.
There are at least two major problems with this: How will the motorist know exactly what they were doing at the time the parking ticket was allegedly written up and if the motorist never receives the parking ticket because it is lost in the post or mis-addressed (or actually never sent!) the first they will hear of the parking ticket is when they receive a document called a Charge Certificate, increasing the original fine by 50% and threatening that unless payment is made the debt will be registered at Northampton County Court.
The glaring problem with this is that once a Charge Certificate is issued, the motorist can no longer appeal against the parking ticket. They will either have to persuade the council to cancel the Charge Certificate and re-issue the Penalty Charge Notice (the legal name for a parking ticket), or if they do not, then await the registration of the debt at the court and the issue of an Order for Recovery.
The only way then to stop bailiffs arriving at the front door is for a witness statement to be sent to the court stating that the original Penalty Charge Notice was not received and requiring the court to cancel the registration of the debt and requiring the local authority to go back to the parking ticket stage. There are strict time limits to get this witness statement in to the court, and if the motorist fails to do so they can expect bailiffs at their door. Given the high percentage of mail that is
lost in the post, it is likely that Orders for Recovery will rocket, bailiffs' visits will increase, more vehicles will be impounded and general chaos will reign.
If this isn't bad enough, the new legislation will mean that all parking tickets or other tickets issued on the basis of CCTV camera evidence will be subject to the same new procedure. (Currently all but one type of CCTV-issued tickets are subject to the three-stage appeal process:
1- the informal appeal to the council
2- the formal appeal to the council, and
3- the final appeal to the Parking Adjudicator.)
Moreover, as local authorities outside London start to issue CCTV tickets, this will have a further knock-on effect with corresponding Orders for Recovery and bailiffs' visits.
The new Parking laws came into force by virtue of the Traffic Management Act 2004. Under this legislation the existing parking legislation, The Road Traffic Act 1991 legislation is repealed. The parking rules are now to be set out in statutory instruments by the Lord Chancellor.
Four Statutory Instruments were passed just before the 2007 Christmas recess on 10th December 2007. As these Statutory Instruments are "delegated legislation " they were debated and approved in Committee rather than by the full Parliament.
The statutory Instruments are as follows:
Civil Enforcement of Parking Contraventions (England) General Regulations 2007
Civil Enforcement of Parking Contraventions(Approved Devices)(England)Order 2007
Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007
The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2007
[i]Barrie Segal is the founder of www.AppealNow.com, a website which helps motorists fight unfair parking tickets and is the author of "The Parking Ticket Awards: Crazy Councils, Meter
Madness & Traffic Warden Hell" published by Portico[/i]
The other aspect of this change could have very big implications for company car drivers, such as myself.
If a PCN is sent in the post, it will go to the registered keeper, which will be the Lease company. In my experience, Lease Companies will simply pay the PCN and pass the cost + an admin charge to the relevant company or person, who has leased the car.
The opportunity to appeal or dispute the PCN, once the fine has been paid would be very difficult if not impossible. Furthermore, what chance will you have to get a refund on the Lease Companies admin charges. None, I would guess.
If a PCN is sent in the post, it will go to the registered keeper, which will be the Lease company. In my experience, Lease Companies will simply pay the PCN and pass the cost + an admin charge to the relevant company or person, who has leased the car.
The opportunity to appeal or dispute the PCN, once the fine has been paid would be very difficult if not impossible. Furthermore, what chance will you have to get a refund on the Lease Companies admin charges. None, I would guess.
But on the other side of the coin,parking in my town is cr*p people have got so used to parking were they like that its almost a free for all.
While I do blame the council for parking charges that are making towns with shops into ghost towns inhabited only bu feral youths some control is required.
Over the years, I have seen so many parking attendance abused, pushed and drivers driving off that something does need to be done, I accept the Ghost Ticket does exist but so does the rude abusive and even violent motorist.
Parking wardens have helped in our area a picture of the car is taken and the ticket written, seems to work.
Just my 10 cents
While I do blame the council for parking charges that are making towns with shops into ghost towns inhabited only bu feral youths some control is required.
Over the years, I have seen so many parking attendance abused, pushed and drivers driving off that something does need to be done, I accept the Ghost Ticket does exist but so does the rude abusive and even violent motorist.
Parking wardens have helped in our area a picture of the car is taken and the ticket written, seems to work.
Just my 10 cents
turbobloke said:
1) so it has led to a massive fraud where the parking attendant claims that the ticket was put on the vehicle or handed to the driver when neither was the case.
2) The latest wheeze is when challenged to show a photograph of the ticket on the vehicle, the parking attendants either claim they were physically assaulted and prevented from issuing the ticket or that the motorist tore up the ticket.
3) In the new legislation the government has sneakily inserted
1) Massive fraud? 2) Claim of being assaulted when they don't have a photo? 2) The latest wheeze is when challenged to show a photograph of the ticket on the vehicle, the parking attendants either claim they were physically assaulted and prevented from issuing the ticket or that the motorist tore up the ticket.
3) In the new legislation the government has sneakily inserted
3) As sneaky as legislation available to the public a substantialcan be.
How about don't park on double yellow lines / disabled bays etc. Not that hard.
FishFace said:
Barrie Segal said:
1) so it has led to a massive fraud where the parking attendant claims that the ticket was put on the vehicle or handed to the driver when neither was the case.
2) The latest wheeze is when challenged to show a photograph of the ticket on the vehicle, the parking attendants either claim they were physically assaulted and prevented from issuing the ticket or that the motorist tore up the ticket.
3) In the new legislation the government has sneakily inserted
1) Massive fraud? 2) The latest wheeze is when challenged to show a photograph of the ticket on the vehicle, the parking attendants either claim they were physically assaulted and prevented from issuing the ticket or that the motorist tore up the ticket.
3) In the new legislation the government has sneakily inserted
2) Claim of being assaulted when they don't have a photo?
3) As sneaky as legislation available to the public a substantialcan be.
How about don't park on double yellow lines / disabled bays etc. Not that hard.
I am in a few threads. I assume this legislation is apart of the great conspiracy (like the offence of dangerous driving) to keep the boot firmly on the face of the proletarian, oui?
I think we need to uncover this MASSIVE fraud that is obviously occurring with parking enforcement. Viva la revolution! Although the no-doubt Government controlled media would not allow such reporting.
I think we need to uncover this MASSIVE fraud that is obviously occurring with parking enforcement. Viva la revolution! Although the no-doubt Government controlled media would not allow such reporting.
FishFace said:
Let's find something we agree on. The new Audi RS6. Far too heavy at over 2000 KG
rude-boy said:
So let me get this right.
That way this thing works, and it is quite likely that this could happen from what i have read posted here, is that the first thing i could know about a parking offence is a CCJ against me?
Knowing the range and number of snafus that can occur along the way, quite possibly.That way this thing works, and it is quite likely that this could happen from what i have read posted here, is that the first thing i could know about a parking offence is a CCJ against me?
Nuclearsquash said:
how will they send out the notice? Is it's anything less the first class would it not be possible to claim it's not valid, a bit like a NIP, where it has to be sent First Class.
The only people concerned in any way regarding whether it's valid, how it's sent, when it's sent, whether it's received, whether the driver or keeper or owner knows what stage the grubby anti-car moneygrabbing has reached, will be us 
turbobloke said:
(From the 31st of March, as a result of some bright spark's inspiration, parking attendants will be known as Civil Enforcement Officers-this is the only part of new parking laws which is likely to give the motorist a laugh.)
Nice for them as well.Filling in mortgage application......
Job?? CEO
bleesh said:
turbobloke said:
(From the 31st of March, as a result of some bright spark's inspiration, parking attendants will be known as Civil Enforcement Officers-this is the only part of new parking laws which is likely to give the motorist a laugh.)
Nice for them as well.Filling in mortgage application......
Job?? CEO
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