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#Post#: 88998--------------------------------------------------
NIP(attached to windscreen) - Parking on Grass - Liverpool City
Council - Otterspool Park
By: samsungasong Date: September 8, 2025, 12:37 pm
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Hi All,
First of all, I hope I've posted this in the correct forum as
it's a NIP from the council. Apologies in advance if it's the
wrong place.
Visited Otterspool Park for the first time in years on Saturday
6th Sept, parking was a nightmare so like a few other cars, we
parked up on the grass off the kerb. We weren't blocking any
paths. Returned after 20mins or so to a NIP stuck to the
windscreen. It was only then that I had a look around and saw a
sign saying saying no parking on grass. Fair enough, but I just
did not see it. I did notice nobody else had received a ticket
even some whose whole cars were on the grass apart from the
tyres. See pics attached.
On the NIP it states I can appeal, but should I wait for further
contact first as they don't know who the driver is at this
point.
I would like to appeal this as I feel it's unfair to single my
car out.
Any help or advice will be greatly appreciated.
#Post#: 88999--------------------------------------------------
Re: NIP(attached to windscreen) - Parking on Grass - Liverpool C
ity Council - Otterspool Park
By: samsungasong Date: September 8, 2025, 12:51 pm
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Pictures...
HTML https://imgur.com/a/Co293Pc[/img]
#Post#: 89011--------------------------------------------------
Re: NIP(attached to windscreen) - Parking on Grass - Liverpool C
ity Council - Otterspool Park
By: NewJudge Date: September 8, 2025, 1:21 pm
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I recall a similar thread involving parking on the grass up your
way from a couple of years back.
I seem to recall the penalty notice (and presumably prosecution
if it was unpaid) was under a bylaw which, from its wording,
could clearly be enforced only on the driver. Unlike the police,
the council has no powers to compel anybody to provide the
driver’s details.
Unfortunately the thread was not on this site, but its
predecessor (Pepipoo) so I cannot locate it.
Does the notice quote any legislation?
#Post#: 89019--------------------------------------------------
Re: NIP(attached to windscreen) - Parking on Grass - Liverpool C
ity Council - Otterspool Park
By: DWMB2 Date: September 8, 2025, 1:55 pm
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[quote author=NewJudge link=topic=7978.msg89011#msg89011
date=1757355682]
Does the notice quote any legislation?
[/quote]
The notice the OP has uploaded makes reference to "Pleasure
Grounds Parks and Open Spaces Byelaws 1992".
A quick Google of said Byelaws didn't yield anything with that
exact title, but does bring up an old FOI request from 2013 -
Bye-laws relating to parks and open spaces in Liverpool
HTML https://www.whatdotheyknow.com/request/bye_laws_relating_to_parks_and_o<br
/>- where Liverpool Council provide a Word doc of some byelaws
titled "BYELAWS IN RESPECT OF PLEASURE GROUNDS, PUBLIC WALKS AND
OPEN SPACES", signed in 1992. Section 8 would appear to relate
to parking, and is the number quoted on the NIP, so looks likely
to be these byelaws.
To save effort:
[quote]VEHICLES
8
a cycle, motor cycle, motor vehicle or any other mechanically
propelled vehicle in the Ground, or bring or cause to be brought
into the Ground a motor cycle, motor vehicle, trailer or any
other mechanically propelled vehicle (other than a cycle),
except in any part of the Ground where there is a right of way
for that class of vehicle.
(ii)
by vehicles of any class, this byelaw shall not prevent the
riding or driving of those vehicles in the space so set apart,
or on a route, indicated by signs placed in conspicuous
positions, between it and the entrance to the Ground.
(iii)
carriages.
(iv)
(v)
“cycle” means a bicycle, a tricycle, or a cycle having four or
more wheels, not being in any case a motor cycle or motor
vehicle;
“invalid carriage” means a vehicle, whether mechanically
propelled or not, the unladen weight of which does not exceed
150 kilograms, the width of which does not exceed 0.85 metres
and which has been constructed or adapted for use for the
carriage of one person, being a person suffering from some
physical defect or disability and is used solely by such a
person;
“motor cycle” means a mechanically propelled vehicle, not being
an invalid carriage, with less than four wheels and the weight
of which unladen does not exceed 410 kilograms;
“motor vehicle” means a mechanically propelled vehicle, not
being an invalid carriage, intended or adapted for use on roads;
“trailer” means a vehicle drawn by a motor vehicle, and includes
a caravan.[/quote]
#Post#: 89029--------------------------------------------------
Re: NIP(attached to windscreen) - Parking on Grass - Liverpool C
ity Council - Otterspool Park
By: NewJudge Date: September 8, 2025, 2:33 pm
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Thanks for that.
Looks like they need to know who the driver is.
EDIT: I've found the previous thread (it wasn't on Pepipoo but
somewhere else).
It stems from 2021 and incredibly it too, involved parking on
the grass in Otterspool Park.
I had no doubt from it that the Council needed to establish who
the driver was and they had no way of finding out. It involved
the same legislation.
I’ll reply more fully tomorrow but the important thing is that
you should not correspond with the Council. They are using a
bylaw which involves driving to try to enforce a parking
infringement. Offences under those bylaws are criminal offences
and unlike some decriminalised parking offences, liability
cannot be transferred from the driver to the Registered Keeper.
They must establish who was driving.
#Post#: 89327--------------------------------------------------
Re: NIP(attached to windscreen) - Parking on Grass - Liverpool C
ity Council - Otterspool Park
By: samsungasong Date: September 10, 2025, 7:10 am
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Thanks for your responses!
I will do what NewJudge advises and will not have any any
contact with the council.
#Post#: 89336--------------------------------------------------
Re: NIP(attached to windscreen) - Parking on Grass - Liverpool C
ity Council - Otterspool Park
By: NewJudge Date: September 10, 2025, 8:04 am
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Looking back through he earlier thread, unfortunately the OP did
not come back with the outcome (even though he had been asked by
the site’s administrator to do so). However, somebody else
tagged on to his tread to say the same had happened to them and
he heard nothing further.
You have been given no indication that you (or whoever was
driving) may be offered a fixed penalty and no indication about
what might happen next (apart from the threat of prosecution).
The NIP clearly expects whoever served it to have spoken to the
driver. There are sections in the “witness statement” which
begin "I spoke to....." and "Who admitted he/she was the driver
of the vehicle/responsible for the offence...." There is a space
for any reply made after being cautioned. All of these are
crossed through as if they are not applicable.
Well they are applicable because without them here is no
evidence to show who committed the offence.
I believe they have no chance of securing a conviction for this
alleged offence. They don't know who was driving the car and
unless you tell them (which you have no obligation to do) they
never will.
I don't know why they issued a NIP at all as it is not legally
required. It is a completely amateurish attempt to fool you into
believing that criminal proceedings will be taken against you.
In fact, that’s why I believe they are doing his – as a
deterrent.
I would file your NIP in "pending" for a couple of months and if
they do contact you as the Registered Keeper suggesting that
further action is likely I would ask them to explain who they
intend to take proceedings against and on what basis.
Could you be so kind as to let us know if you hear anything
further - or even if you don't. It will help us to help others
faced with the same problem.
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