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Police need to make written appeal
Slatz
post Mon, 30 Dec 2019 - 14:42
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https://www.bbc.co.uk/news/uk-england-devon-50948901

Is that a Parking Eye form?
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post Mon, 30 Dec 2019 - 14:42
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Guest_Charlie1010_*
post Thu, 2 Jan 2020 - 09:44
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Yes whoever originally posted the tea and milk thing took it out of context so i commented.
So don’t blame me for being silly.
This used to be an interesting forum but as others have commented it’s really gone do with all the nit picking
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cp8759
post Thu, 2 Jan 2020 - 19:34
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QUOTE (Charlie1010 @ Thu, 2 Jan 2020 - 09:44) *
Yes whoever originally posted the tea and milk thing took it out of context so i commented.
So don’t blame me for being silly.
This used to be an interesting forum but as others have commented it’s really gone do with all the nit picking

The tea and milk comment was from me and there's a serious point being made here: Sure the police can have their exemptions, but requesting written confirmation hardly seems unreasonable. As I mentioned, most forces have a standardised form a senior officer can sign-off to confirm the vehicle was being used for police purposes. So response team A or whoever it is that posted the EPC letter that triggered this thread this just needed to go and see their inspector

PC Plod: Sorry gov, when we were on that response shout last week we parked as close as possible but we've had a parking fine, would you mind signing the exemption form for us?
PI: Ah sure thing, yeah I heard you on the radio when you were on the way to that one, here you go
PC Plod: Cheers guv


This is a fairly routine and proportionate procedure, I don't see why they shouldn't go through it as it keeps everything above board. I can recall at least one case on the London Tribunals where the senior officer outright refused to sign the exemption form and presumably the officer had to cough up the penalty. The fact that police officers have so many legal exemption is not a reason not to have a proper process to keep them accountable, on the contrary I would say it's a good reason to make sure those exemptions are not abused.

So the world hasn't gone "effing mad" as you put it, it all seems very mundane and I don't really think it was newsworthy or even twitter-worthy, but maybe they didn't have much content to put up?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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phantomcrusader
post Thu, 2 Jan 2020 - 23:34
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The PCN was correctly issued. It is up to councils and private parking companies to determine what exemptions they want to allow to the parking areas they control.

Councils tend to include exemption for police, fire and ambulance vehicles when they park to fulfil their duties. For example, parking to arrrest a shop lifter is fulfilling a duty but parking to go the toilet or to get some lunch is not a duty. A parking warden only sees a car, they don't know why it is parked. They will observe and issue a PCN if during observation no exemption appears to apply. It will then be up to the police, fire or ambulance to challenge the PCN and give an account for the reason the vehicle was parked. This is how it should be as it is not unknown for police. fire or ambulance staff to park in contravention for convenience rather than any duty.

As for private parking companies they regulate off street parking and so don't usually inlude any exemptions in their car park rules for emergency services. But if there was an urgent need for an emergency vehicle to park off street, they will usually cancel a PCN if presented with evidence.

This post has been edited by phantomcrusader: Thu, 2 Jan 2020 - 23:35
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cp8759
post Tue, 14 Jan 2020 - 01:22
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Came across this one (my emphasis):

Metropolitan Police Service v London Borough of Bexley (2110040049, 03 March 2011)

The allegation in this case is set out on the first page of this letter.

The appellants are the Metropolitan Police Service.

They submit that the vehicle's driver was engaged in police operational
duties at the time details of which they provide.

The Traffic Management Order supplied by the authority does provide for
an exemption in such circumstances but on the uncontradicted evidence of
the civil enforcement officer the driver went into a café to purchase a hot
drink
having been told by the civil enforcement officer beforehand that a
ticket would be issued if the vehicle was not moved the vehicle being
driven away on the driver's return to it.

I do not doubt that the vehicle's driver was engaged on operational duties
as submitted by the appellants but I am not satisfied on the civil
enforcement officer's evidence that he stopped at this location in
pursuance of those duties or for police purposes. I am satisfied that the
contravention occurred in this case. I am not satisfied that any exemption
applies. There has been no procedural impropriety in these proceedings. I
refuse the appeal.


Makes you wonder what would have happened pre-1991, when it would have been up to the police to prosecute themselves...


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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