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Abb
05-10-2005, 02:21 PM
I am currently disputing a parking fine I received a few weeks ago. I have written to the Chief Constable advising him that the restriction I was parked in is in such a poor state of repair that the lines are broken almost constantly along their length. There is no T bar termination on one end of the lines and the lines have not been maintained or repainted in the last 10 years to my knowledge.

I have asked them to reconsider.

What do you reckon my chances are?

Mojow1958
05-10-2005, 02:22 PM
Dont hold ya breath Abb................. :p

Cook1e
05-10-2005, 02:24 PM
I am currently disputing a parking fine I received a few weeks ago. I have written to the Chief Constable advising him that the restriction I was parked in is in such a poor state of repair that the lines are broken almost constantly along their length. There is no T bar termination on one end of the lines and the lines have not been maintained or repainted in the last 10 years to my knowledge.

I have asked them to reconsider.

What do you reckon my chances are?

From how you said it just then, it makes it sound like you knew it was a double yellow.
If not, there is the old "ignorance of the law is no excuse"
But there was talk recently of someway that lines have to be right.
Were they actually invisible?

Jay
05-10-2005, 02:26 PM
I am currently disputing a parking fine I received a few weeks ago. I have written to the Chief Constable advising him that the restriction I was parked in is in such a poor state of repair that the lines are broken almost constantly along their length. There is no T bar termination on one end of the lines and the lines have not been maintained or repainted in the last 10 years to my knowledge.

I have asked them to reconsider.

What do you reckon my chances are?Did you park where you shouldn't have?

100%Pat
05-10-2005, 02:28 PM
Hmmm the council are actually not in accordance with the rules.... or so it seems. It is only a technicality though Abbs but others have got off with it... who knows, keep us informed.

Abb
05-10-2005, 02:29 PM
Did you park where you shouldn't have?

Yes, but I believe the law is specific regarding the appearance of restricted parking areas.

Also, just noticed, they got the colour of my car wrong on the ticket. I believe that lets me off the hook.

Which ever way, I am going to court - will cost them more than 45 to take me there.

Worjorj
05-10-2005, 02:32 PM
Good luck. I contested one up north with the same sort of circumstances but got nowhere.

Cook1e
05-10-2005, 02:34 PM
Yes, but I believe the law is specific regarding the appearance of restricted parking areas.

Also, just noticed, they got the colour of my car wrong on the ticket. I believe that lets me off the hook.

Which ever way, I am going to court - will cost them more than 45 to take me there.

It may be one of those things were you get a fine, but have to sue to council for not upkeeping the lines.

Wrong colour? - must have been some scally who stuck a faulse number plate on his car - you werent there were you?

Whi says you were the one that parked the car anyway?!

Mojow1958
05-10-2005, 02:35 PM
[QUOTE=AbbAlso, just noticed, they got the colour of my car wrong on the ticket. I believe that lets me off the hook.
.[/QUOTE]

I had a simalar case Abb, with the wrong Vehicle details...right reg. wrong kinda vehicle..........Case dismissed.

Good luck on that... :p

Abb
05-10-2005, 02:36 PM
Wrong colour?

Yes, they wrote Black on the tiecket, but the car is green.......

El_Mick
05-10-2005, 02:52 PM
A friend got one for parking a renault robin instead of a reliant, he contacted the authorities and it was cancelled so worth a try Abb.

Jay
05-10-2005, 02:57 PM
Yes, but I believe the law is specific regarding the appearance of restricted parking areas. Where you aware you shouldn't have parked there?

Abb
05-10-2005, 03:00 PM
Where you aware you shouldn't have parked there?

Of course, but the law is specific. The double yellows must meet the criteria set out by the Government when they framed the law, otherwise they are unenforceable.

Jay
05-10-2005, 03:08 PM
Of course, but the law is specific. The double yellows must meet the criteria set out by the Government when they framed the law, otherwise they are unenforceable.So just to recap, I asked you 2 questions and you voluntarily stated that:

You Parked Illegally
You Knowingly Parked Illegally

Abb, we need to have a chat about your defence plans!

Abb
05-10-2005, 03:12 PM
So just to recap, I asked you 2 questions and you voluntarily stated that:

You Parked Illegally
You Knowingly Parked Illegally

Abb, we need to have a chat about your defence plans!

Naturally, in court, should it go that far, my first defence is that they issued the ticket incorrectly.

My second defence is that the parking restriction is unenforceable due to the enforcement conditions not being met. Need to find the statute on that one, but it is there.

Jay
05-10-2005, 03:16 PM
Naturally, in court, should it go that far, my first defence is that they issued the ticket incorrectly.

My second defence is that the parking restriction is unenforceable due to the enforcement conditions not being met. Need to find the statute on that one, but it is there.'kin good job too, Christ the flying squad would have been out of a job with such easy confessions as that :D

Abb
05-10-2005, 03:23 PM
'kin good job too, Christ the flying squad would have been out of a job with such easy confessions as that :D

I am a little more experience in a court room than that mate ;)

Actually, my main reason for fighting this is not to save 45, it is a protest at the wholesale way the government have bypassed the rule of law - innocent until proven guilty, as prescribed by the Magna Carta. It is intolerable that the police whould have the power to presume guilt for certain offences. That I should have to request a trial to clear my name is flying in the face of all that our legal system was founded upon.

If everyone contested these fixed penalty notices, the courts system would collapse under the strain.

slob
05-10-2005, 03:26 PM
So just to recap, I asked you 2 questions and you voluntarily stated that:

You Parked Illegally
You Knowingly Parked Illegally

Abb, we need to have a chat about your defence plans!



*LMFAO got you there buddy! :D

Jay
05-10-2005, 03:41 PM
I am a little more experience in a court room than that mate ;)

Actually, my main reason for fighting this is not to save 45, it is a protest at the wholesale way the government have bypassed the rule of law - innocent until proven guilty, as prescribed by the Magna Carta. It is intolerable that the police whould have the power to presume guilt for certain offences. That I should have to request a trial to clear my name is flying in the face of all that our legal system was founded upon.

If everyone contested these fixed penalty notices, the courts system would collapse under the strain.I see your point BUT, a parking ticket simply states you have been accused of the crime of parking illegally.

This is necessary because the majority of people are not present at the time the ticket is issued, thus a system of empowered representatives(traffic wardens) has been introduced to administer this notice, virtually retrospectively.

You are then free to 'plead guilty' to the charge and pay the fine or 'plead not guilty' and go to court where the charges and your defence can be put before a judge.

It would be crap if coppers were expected to catch people parking or returning to their cars. Also it would be a waste of money to take away the ticket system and send people to court as a matter of course, because most people just accept they've been caught and pay the fine.

or are you saying that actually you disagree that you should be fined for parking illegally?

Cook1e
05-10-2005, 03:44 PM
- innocent until proven guilty, as prescribed by the Magna Carta. It is intolerable that the police whould have the power to presume guilt for certain offences.

Does that cover Brazillians walking onto a tube train? ;)

Abb
05-10-2005, 03:46 PM
or are you saying that actually you disagree that you should be fined for parking illegally?

If they can prove that I was parked illegally, I will gladly pay the fine. However, I contest that I was not - due to the factors mentioned earlier.

My main worry is that the police are about to be given more punative powers. There are plans afoot to issue more FPN's - moreover, putting the onus firmly on the defendant to request a trial.

Abb
05-10-2005, 03:47 PM
Does that cover Brazillians walking onto a tube train? ;)

Illegal ones?

Jay
05-10-2005, 03:50 PM
Does that cover Brazillians walking onto a tube train? ;)I have to say it's a ****e situation that, but on the whole I think the risk was too great to ignore.

It really is a tragedy he was killed in error, but it's about as near to an accident as you can get, when faced with those sort of decisions.

Abb
05-10-2005, 03:53 PM
I have to say it's a ****e situation that, but on the whole I think the risk was too great to ignore.

It really is a tragedy he was killed in error, but it's about as near to an accident as you can get, when faced with those sort of decisions.

I'd hate to think I could be shot for parking on yellows :D

Jay
05-10-2005, 04:02 PM
If they can prove that I was parked illegally, I will gladly pay the fine. However, I contest that I was not - due to the factors mentioned earlier.

My main worry is that the police are about to be given more punative powers. There are plans afoot to issue more FPN's - moreover, putting the onus firmly on the defendant to request a trial.I thought FPN's could only be issued if the accused agreed and that they were offered either a court appearence or an FPN.

Essentially the FPN would only be issued if the accused agreed and pleaded guilty on the spot, avoiding an expensive trial and wasting time.

or have I got the wrong end of the stick?

Abb
05-10-2005, 04:03 PM
My fine says Fixed Penalty Notice. It was left on the winsdshield. It is another avenue that I will explore now, thanks ;)

Jay
05-10-2005, 04:04 PM
I'd hate to think I could be shot for parking on yellows :DThen don't run over any Chinese people on purpose, in America :D

Abb
05-10-2005, 04:05 PM
Then don't run over any Chinese people on purpose, in America :D

No parking on folks in Tianemen Square then :D

Cook1e
05-10-2005, 04:07 PM
It really is a tragedy he was killed in error, but it's about as near to an accident as you can get, when faced with those sort of decisions.

How can 8 bullets to the head of a man with NO bulky jacket, ruck sack or means of concealing a bomb, be classed as "about as near to an accident as you can get"?

Jay
05-10-2005, 04:07 PM
No parking on folks in Tianemen Square then :DYou'd need to cover your tracks :D

Jay
05-10-2005, 04:15 PM
How can 8 bullets to the head of a man with NO bulky jacket, ruck sack or means of concealing a bomb, be classed as "about as near to an accident as you can get"?Because one man was given the the power and training to shoot any terrorist that may be in a position to detonate a bomb (that doesn't necessarily mean one in a bag, on his back does it!) possibly by mobile telephone.

In the middle of a string of hideous bombings this trained man sees a suspicious character running onto a tube train full of people.

In his mind he was suddenly holding the lives of those people in his hands, he unfortunately made an error.

He did not, in my opinion, shoot someone he believed was innocent.

What would you have done if you believed that man was a likely bomber and it was your choice to make?