NIP Details and Circumstances
What is the name of the Constabulary? -
Date of the offence: - May 2013
Date of the NIP: - 5 days after the offence
Date you received the NIP: - 7 days after the offence
Location of offence (exact location as it appears on the NIP: important): - Beggars Lane, Tring
Was the NIP addressed to you? - Yes
Was the NIP sent by first class post, second class or recorded delivery? - Not known
If your are not the Registered Keeper, what is your relationship to the vehicle? -
How many current points do you have? - 3
Provide a description of events (if you know what happened) telling us as much about the incident as possible - some things that may seem trivial to you may be important, so don't leave anything out. Please do not post personal details for obvious reasons - I parked on Beggars Lane, local and only road where you can park near our Train Station for free. The road is a country lane and there are approximately 30-40 cars parked there daily. I parked on facing traffic, on the right hand side, as everyone else does and there is no where to turn around. My car was left overnight for various reasons and when I came back the following car my car was gone! I phoned the Police and was informed it had been towed and had to go get it which cost me £170. Then I received the NIP. I have now received a postal requisition for Watford traffic court, with the charge outlined as:
Parking of motor vehicle in darkness other than at nearside of road
On 4/5/13 at Tring within the county of Hertfordshire without the permission of a police officer in uniform, caused a motor vehicle, namely XXXX(my car) to stand on a road, namely Beggars Lane, at a time between sunset and sunrise otherwise than with the nearside of the vehicle as close as may be to the edge of the carriageway.
Contrary to regulation 101 (1) of the Road Vehicles (Construction and Use) Regulations 1986, section 42 of the Road Traffic Act 1988 and scheduled 2 to the Road Traffic Offenders Act 1988.
H.O. 820/90 Local None CJS RC86430

I don't know what to do, everyone parks there all year round meaning that everyone parks in the dark before and after work in Winter, please help

NIP Wizard Responses
These were the responses used by the Wizard to arrive at its recommendation:
Have you received a NIP? - Yes
Are you the Registered Keeper of the vehicle concerned (is your name and address on the V5/V5C)? - Yes
Did the first NIP arrive within 14 days? - Yes
Although you are the Registered Keeper, were you also the keeper of the vehicle concerned (the person normally responsible for it) at the time of the alleged offence? - Yes
Were you driving? - Yes
Which country did the alleged offence take place in? - England

NIP Wizard Recommendation
Based on these responses the Wizard suggested that this course of action should be considered:

• The law requires you to provide the information requested in the Section 172 notice within the 28 day period, naming yourself as the driver. If you are considering obtaining formal legal advice, do so before returning the notice.
  
  You should note that there is nothing to be gained by responding any earlier than you have to at any stage of the process. You are likely to receive a Conditional Offer of a Fixed Penalty (COFP) and further reminder(s). If you want to continue the fight, you should ignore all correspondence from the police until you receive a summons. You need to understand from the outset that while you will receive much help and support from members on the forums, you will need to put time and effort into fighting your case and ultimately be prepared to stand up in court to defend yourself.

Generated by the PePiPoo NIP Wizard v3.3.2: Sat, 21 Sep 2013 14:42:19 +0000

GSV shows it's quite a popular parking spot...

So you were facing the wrong way?

My understanding (which may be wrong) is that outside a 30mph restricted road with street lights it is illegal to park other than the right way around. That's why cars have reflectors! It could and has happened that one could not see a car parked the wrong way if say there was an oncoming car with headlights. Unlit skips are also a hazard. OK in a line of cars parked the riight way around its hardly a risk but.........

The offence appears to be made out. You might want to consider a guilty plea.

.......but if the other cars all drive off before you it becomes a risk.

It's an unusual one to be charged with, but typical of Thames Valley Police!

A summons sounds a bit heavy handed as well, especially as you were towed away. Weren't you given/offered a fixed penalty? Not that it would be a defence if you weren't, of course.

Maybe had previous warnings?

Seems it is an issue locally:

http://nickhollinghurst.mycouncillor.org.u...hould-be-safer/

I know tring is on the border, but that road is definately hertfordshire police ground!!

3. Parking at night (248 to 252)

248

You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space. Laws CUR reg 101 & RVLR reg 24

249

All vehicles MUST display parking lights when parked on a road or a lay-by on a road with a speed limit greater than 30 mph (48 km/h).
Law RVLR reg 24

250

Cars, goods vehicles not exceeding 1525 kg unladen weight, invalid carriages, motorcycles and pedal cycles may be parked without lights on a road (or lay-by) with a speed limit of 30 mph (48 km/h) or less if they are
at least 10 metres (32 feet) away from any junction, close to the kerb and facing in the direction of the traffic flow
in a recognised parking place or lay-by.

Other vehicles and trailers, and all vehicles with projecting loads, MUST NOT be left on a road at night without lights.
Laws RVLR reg 24 & CUR reg 82(7)

Irrelevant.

Perhaps jambmw is suggesting that TV traffic officers are so keen they travel into other force areas to find their victims!

So what should they do? Screech to a halt at the 'County Line' like in Dukes of Hazzard?

The OP seems to have been summonsed to Watford court, which is the correct magistrates' jurisdiction if the offence was in Hertfordshire. Police officers have the power of constables throughout England and Wales and therefore the fact that the offence took place over the border is of no relevance.

The offence is complete. The 'defence' that 'everyone else parks that way' is as relevant as getting caught doing 80 on a motorway and then complaining that everyone else travels at that speed. Harsh, but the way it is, is all the court will be interested in.

If the road is not a restricted road, it is also an offence to park at night without lights on the vehicle too.

..that Tring is on the border? ...i thought that