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#Post#: 23654--------------------------------------------------
Re: Parking outside a bay
DIR By: Cola0825
Date: May 23, 2024, 8:00 am
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So I did try to appeal which got rejected I don't fancy going to
a magistrate's court and getting a 1k fine.
So I just paid it apparently the parking attended didn't ticked
the other cars because he had an emergency.
#Post#: 24068--------------------------------------------------
Re: Parking outside a bay
DIR By: ivanleo
Date: May 27, 2024, 12:16 pm
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[member=1784]Cola0825[/member] I'm sorry to say you've been
scammed. Oxford City Council has no legal authority to take you
to the magistrates court if you hadn't paid because parking in
Oxfordshire has been decriminalised.
The reason is explained here:
HTML https://www.legislation.gov.uk/uksi/2022/71/regulation/8
We've had a case before where Norfolk Police tried prosecuting
someone for a code 46 contravention in Great Yarmouth,
[member=634]Nosy Parker[/member] (who's a solicitor) and I went
to GY Magistrates' Court with the OP to get the charges
dismissed and we now have a costs hearing coming up against the
Norfolk Police to get them to foot a rather hefty bill. I'm sure
it would have been an interesting day out if we could have done
your case as well, but if you've paid it's too late now.
The only reason Oxford City Council gets away with this bullshit
is that nobody challenges them because they're too scared,
everyone keeps paying them and the money keeps rolling in, so
they have no reason to do anything different.
I don't think the ombudsman approach will get you anywhere
because you had an appropriate route to obtain redress and you
voluntarily forfeited it.
#Post#: 24196--------------------------------------------------
Re: Parking outside a bay
DIR By: Cola0825
Date: May 28, 2024, 2:46 am
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cp8759 How can it be legal for them to be threating to take
people to a magistrate's court then? is it worth me writing to
my MP? I don't think people are scared as to be scared is an
irrational fear of something. It's rational to fear the law as
most of us don't understand it. Anyway least I know for next
time.
#Post#: 24211--------------------------------------------------
Re: Parking outside a bay
DIR By: fraser.mitchell
Date: May 28, 2024, 4:00 am
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--- Quote from: Cola0825 link ---
>
> cp8759 How can it be legal for them to be threating to take
people to a magistrate's court then? is it worth me writing to
my MP? I don't think people are scared as to be scared is an
irrational fear of something. It's rational to fear the law as
must of us don't understand it. Anyway least I know for next
time.
>
--- End Quote ---
Even though you've paid it, if it were me, I'd be writing to my
MP, but after the election !
#Post#: 24446--------------------------------------------------
Re: Parking outside a bay
DIR By: Cola0825
Date: May 30, 2024, 5:20 am
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[member=1]cp8759[/member] I did write to my MP using the link
you provided however the guy from odsgroup said this:
The legislation Mr ******* has referred to relates to where
Civil Parking Enforcement also known as Decriminalised Parking
Enforcement is in place. That does not apply to our public Car
Parks which are managed under the Road Traffic Regulation Act
1984 which allows Fixed Penalty Notices which are criminal
penalties.
Oxford City enforce its off street car parks using the 1984 RTA
under section 35A (1) where it is an offence for the driver of
the vehicle to contravene the traffic order.
It is an offence to park in a manner in which whole or part of
the vehicle is outside of a marked bay, for anyone that
contravenes the order a penalty can be issued.
Below is the photograph taken by the officer at the time he
observed the vehicle. Clearly Mr ****** had parked outside of a
bay. I can confirm the penalty charge has been issued correctly.
The penalty raised is dealt with under criminal law, and if the
Council had not received payment of the charge, where an appeal
had not been successful or the penalty charge had remained
unpaid beyond the 28 days detailed upon the notice, the driver
is liable for prosecution.
I would like to make clear that in my experience penalties are
usually settled either with payment of the fine or following a
successful appeal.
If a case does reach court and the verdict is proven I can
confirm that a criminal record is not kept for these parking
misdemeanours. I can see that Mr ***** was concerned about this
in his letter to Ben Everitt.
#Post#: 24516--------------------------------------------------
Re: Parking outside a bay
DIR By: ivanleo
Date: May 30, 2024, 4:39 pm
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--- Quote from: Cola0825 link ---
>
> cp8759 How can it be legal for them to be threating to take
people to a magistrate's court then?
>
--- End Quote ---
I don't think it is, but until a court tells them that they're
wrong, they're going to continue because they think they're
right. The only way to get a court to tell them they're wrong is
if someone stands up to them and takes the matter to the
magistrates.
I have posted some new guidance
HTML https://www.ftla.uk/announcements/excess-charge-notices-guidance-for-those-giving-advice/<br
/>in the hope that we won't mishandle an Oxford ECN case again
(or
any ECN case for that matter).
If a case did go to court the prosecution would be doomed to be
struck out as an abuse of process, and there is little doubt in
my mind that a costs order could be obtained against the
council, because what they're doing is completely illegal. But
hey, the Post Office got away with this $hit for years.
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