Warden uncovered my numberplate - legal?
Discussion
I apologise if this has been covered before, but like many London bikers, if I can't find anywhere to park my bike legally, I leave it on a yellow line and cover the plate and the disc. I always understood that the wardens weren't allowed to touch the bike without a policeman present, and were therefore unable to issue a parking ticket.
However, a few days ago a warden lifted my bike cover (it totally covers the bike and all plates, discs etc.) and then issued a ticket. She was caught in the act by a friend who alerted me and I went to confront her. She claimed that she is now allowed to do this as the law has recently been changed.
Any Biker-room lawyers know if this is true? I've appealed the ticket...
However, a few days ago a warden lifted my bike cover (it totally covers the bike and all plates, discs etc.) and then issued a ticket. She was caught in the act by a friend who alerted me and I went to confront her. She claimed that she is now allowed to do this as the law has recently been changed.
Any Biker-room lawyers know if this is true? I've appealed the ticket...
Further research has uncovered the cover issue and the warden was acting illegally! Hooray - looks like no fine!
see www.parkingticket.co.uk/
see www.parkingticket.co.uk/
Traffic wardens are allowed to take any reasonable steps to determine the identity of a vehicle that may be unlawfully parked I am afraid. This can range from removing a cover to record the registration number to reading the tax disc to having the vehicle removed to a compound by an authorised person.
The only proviso is that they are not allowed to cause damage without reasonable excuse, so provided the cover is lifted or removed without causing damage, then it is a perfectly legal action.
The only proviso is that they are not allowed to cause damage without reasonable excuse, so provided the cover is lifted or removed without causing damage, then it is a perfectly legal action.
Not so...
By law, traffic wardens are only permitted to interfere with a vehicle for the attachment of a PCN.
Whilst under 47(1) Section 33 of the Vehicle Excise and Registration Act 1994 it is illegal to fail to display or exhibit a vehicle licence notice, this is not the remit of the Traffic Warden, only the Police.
Issuing a PCN by first carrying out an illegal act (tampering with my cover in this case), is the same as a police officer recovering information from a suspect’s premises without a search warrant – the evidence, no matter how damning for the accused, is inadmissable as it was illegally obtained in the first place.
The only way the warden can issue a ‘legal and binding’ ticket in this instance is if a Police officer first legally removed the cover for the traffic attendant warden to view the vehicle details.
A PCN issued by a warden who tampers with a vehicle is illegally issued as the law currently stands.
... at least it is according to www.motorcycleparking.com/
>> Edited by Bruce Fielding on Tuesday 9th December 15:36
By law, traffic wardens are only permitted to interfere with a vehicle for the attachment of a PCN.
Whilst under 47(1) Section 33 of the Vehicle Excise and Registration Act 1994 it is illegal to fail to display or exhibit a vehicle licence notice, this is not the remit of the Traffic Warden, only the Police.
Issuing a PCN by first carrying out an illegal act (tampering with my cover in this case), is the same as a police officer recovering information from a suspect’s premises without a search warrant – the evidence, no matter how damning for the accused, is inadmissable as it was illegally obtained in the first place.
The only way the warden can issue a ‘legal and binding’ ticket in this instance is if a Police officer first legally removed the cover for the traffic attendant warden to view the vehicle details.
A PCN issued by a warden who tampers with a vehicle is illegally issued as the law currently stands.
... at least it is according to www.motorcycleparking.com/
>> Edited by Bruce Fielding on Tuesday 9th December 15:36
No problem, I will bin Wilkinsons Road traffic then 
Seriously, I will try and dig out the legislation, but if memory serves me right from my days on Traffic management (which covered parking and parking enforcement) different legislation applied to traffic wardens as to those appointed by the local authorities.
A proper Traffic warden under the control of the Chief Constable has many powers similar to a Police officer in respect of certain offences, such as parking, stopping vehicles, directing traffic, failing to conform to certain traffic signs, whereas a parking warden appointed by the local authority only has that authority in respect of parking, and then limited authority.
I know a little while ago that there was considered to be a problem with parking attendants fixing tickets to vehicles because technically it was tampering with a motor vehicle, so suddenly the regulations had to be changed to accomodate them, and I know that there are additional changes in the pipeline (if the meeting I went to the other week is anything to go by) and their authority will become far more wide ranging.
>> Edited by t-c on Tuesday 9th December 20:03
Seriously, I will try and dig out the legislation, but if memory serves me right from my days on Traffic management (which covered parking and parking enforcement) different legislation applied to traffic wardens as to those appointed by the local authorities.
A proper Traffic warden under the control of the Chief Constable has many powers similar to a Police officer in respect of certain offences, such as parking, stopping vehicles, directing traffic, failing to conform to certain traffic signs, whereas a parking warden appointed by the local authority only has that authority in respect of parking, and then limited authority.
I know a little while ago that there was considered to be a problem with parking attendants fixing tickets to vehicles because technically it was tampering with a motor vehicle, so suddenly the regulations had to be changed to accomodate them, and I know that there are additional changes in the pipeline (if the meeting I went to the other week is anything to go by) and their authority will become far more wide ranging.
>> Edited by t-c on Tuesday 9th December 20:03
Didn't realise you were 20 years BiB! (So why the legal practice now?)
I think that you're right about the regs being different for council workers as opposed to 'real' wardens. That seems to sum up what I've read recently.
Trouble with living in Camden is that you quickly need to become an expert on parking regs if you're to avoid a monthly top up tax through parking of up to £100! The number of times that people driving in from outside the area ask me for information on parking at the weekend!
I think that you're right about the regs being different for council workers as opposed to 'real' wardens. That seems to sum up what I've read recently.
Trouble with living in Camden is that you quickly need to become an expert on parking regs if you're to avoid a monthly top up tax through parking of up to £100! The number of times that people driving in from outside the area ask me for information on parking at the weekend!
Bruce Fielding said:
Didn't realise you were 20 years BiB! (So why the legal practice now?)
I was on a patrol bike (I was a full time rider) got wiped out whilst going after a stolen car, ended up spending nearly 6 months in a coma, but permanantly disabled in my left foot, so I got pensioned off.
Now, I work sensible hours, get paid more and get far greater satisfaction helping someone get the right compensation for injuries caused by road users stupidity than putting them before the courts.
In simple terms, i do what I did before without the warrant card.
>> Edited by t-c on Wednesday 10th December 12:57
tallchris99 said:
If a policeperson gets evidence ileagaly it is not automatically inadmissable. This is not the USA!
In this country, evidence can be obtained by any reasonable means. Lifting a cover to obtain sufficient details to identify a vehicle if carried out by a police Officer or a Police controlled traffic warden is not illegal
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