Help! - Parking ticket at rail station |
Help! - Parking ticket at rail station |
Fri, 29 Jun 2007 - 14:14
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#1
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New Member Group: Members Posts: 4 Joined: 28 Jun 2007 Member No.: 12,624 |
Hi all,
My wife has recieved a parking ticket at the local train station. This was issued by a PCSO from West Yorkshire police while she was parked "on double yellow lines". This raises a number of issues with me:
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Fri, 29 Jun 2007 - 14:14
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Fri, 29 Jun 2007 - 14:14
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#2
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New Member Group: Members Posts: 4 Joined: 28 Jun 2007 Member No.: 12,624 |
More photos:
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Fri, 29 Jun 2007 - 14:16
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#3
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New Member Group: Members Posts: 4 Joined: 28 Jun 2007 Member No.: 12,624 |
and more:
This post has been edited by lju: Fri, 29 Jun 2007 - 14:21 |
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Fri, 29 Jun 2007 - 14:26
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#4
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New Member Group: Members Posts: 4 Joined: 28 Jun 2007 Member No.: 12,624 |
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Fri, 29 Jun 2007 - 15:49
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#5
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Member Group: Members Posts: 6,783 Joined: 6 Jul 2006 Member No.: 6,518 |
this is private land but parking is covered by local railway byelaws (i presume)
in general the bylaws can be enforced by police and PCSO or a priavte contractor but you would need to get hold of a copy - ask at the station for a copy or at leats to see a copy that said it is not clear that the PCSO has chrged you correctly since the offence is not parking on double yellows but parking in breach of the bylaw 'double yellows' is meaniningless as an offence we may guess (but why should we) to would imply a breach of 1984 parking regs (and a TRO) on public highway but you are not guilty of this that said the FPN is not specifc and given this is private land erroneous if you dodnt pay police FPN then you get a summons to magistrates court if you are well prepared then you probably will win though maggys courts are a total gamble since this is private land TSGDR does not apply and the signs/lines need to be interp under by-laws - almost certauinly they give approproiate warning why do they send plastic police out with so little training !!??? |
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Tue, 3 Jul 2007 - 13:06
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#6
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Member Group: Members Posts: 1,353 Joined: 9 Sep 2004 From: Newbury Member No.: 1,625 |
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Tue, 3 Jul 2007 - 21:17
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#7
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Member Group: Members Posts: 1,038 Joined: 24 Mar 2006 Member No.: 5,088 |
if you dodnt pay police FPN then you get a summons to magistrates court No, you don't. If you simply don't pay then the fine will be enforced as a 'default conviction'. If you want to fight it in Court, you must take the positive action of telling them so. Are you sure about that? I could well be wrong but that doesn't sound right at all. There are also issues with regards to identification of the driver etc. This post has been edited by Wayne Pendle: Tue, 3 Jul 2007 - 21:19 |
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Tue, 3 Jul 2007 - 21:41
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#8
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Member Group: Members Posts: 6,783 Joined: 6 Jul 2006 Member No.: 6,518 |
i was wrong patdavies is right
if you dont pay or appeal for hearing then it is registered against the RK there is a process to reverse this and get a hearing i believe (a bit like a stat dec) |
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Thu, 5 Jul 2007 - 01:37
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#9
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Member Group: Members Posts: 1,038 Joined: 24 Mar 2006 Member No.: 5,088 |
i was wrong patdavies is right if you dont pay or appeal for hearing then it is registered against the RK there is a process to reverse this and get a hearing i believe (a bit like a stat dec) Still not sure about that,I might well be wrong but this is interesting and I have another view with which to throw in.I think where the FPN was handed/served directly on the driver and subsequently evidence of driver identification obtained, then conviction in absentia would be proper, if, the FPN was placed on the vehicle without being handed to the driver, then a it would be for the Police to invoke some formal investigation in identifying the driver. In other words, what would have happened if the FPN had be blown or taken off of the vehicle etc. Section 142 Magistrates Court Act Section 142 of the Magistrates Court Act 1980: 142. Power of magistrates' court to re-open cases to rectify mistakes etc. (1) A magistrates' court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make. (2) Where a person is convicted by a magistrates' court and it subsequently appears to the court that it would be in the interests of justice that the case should be heard again by different justices, the court may so direct. This post has been edited by Wayne Pendle: Thu, 5 Jul 2007 - 01:39 |
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