A Nice Win

by **assassin** Sun Nov 01, 2020 3:48 am

Its been an interesting few months, first I got a parking ticket and the idiot issuing it had no regard for the fact the vehicle is registered as a disabled vehicle, or that it was carrying a disabled person which turned into a medical emergency.

My passenger disembarked the vehicle and walked a few yards to a corner and turned left to go to the public toilets, as she went to the left this clown came from the right and straight to my vehicle and was rude and abrupt and told me to move, I told him it was a disabled registered vehicle carrying a disabled passenger and I could not abandon her as she was at the limit of her mobility which like many disabilities, is very variable. He began issuing a ticket and threatening me and I got out of the vehicle and told him to try assaulting me, the bullyboy didn't fancy taking me on when he saw me out of the vehicle. Dont know why he wouldn't take on an 18 stone ex rugby player, the coward.

What he didn't know was that I was recording and I recorded everything on two cameras with full audio.

He then tried giving me legal advice, and when his ignorance fell on deaf ears he told me I could ring the po-lice, it proved his ignorance as this is a civil matter and not a criminal matter, was he legally qualified as a public servant to give his master an order.

I decided to play along and appealed the ticket and NSL the contractor to the county council rejected it which we all know they would as it costs them money and they like there money, it was then appealed again and the council rejected it so off to the Parking tribunal it went.

Pre action protocols were ignored by the county council as they didn't send me the information they are legally obliged to send so I wrote to the Parking tribunal and they made an order for them to send it which they did, it was interesting as this clown made a statement which was a pack of lies and made it over 2 hours after the incident occured, remember the time is on the ticket, so immediately it was a win for me on the grounds of "procedural impropriety" so it was research time.

They bury there terms and conditions deep, but I also dig deep and when I found them it was interesting, they have a section which states that extreme leniency must be shown in cases involving the disables, the elderly, and the infirm, so why had they ignored this; after all they have produced these terms and conditions so is it reasonable to expect the corrupt council to know there own terms and conditions. They claimed they had never done a DVLA enquiry check on the vehicle, they are liars as they have to do a DVLA enquiry check to obtain the keeper details and it would have shown clearly the vehicle was registered as a disabled registered vehicle.

In there documentation which is online, it clearly states all civil enforcement officers should have to allow a period of 2 minutes for such people to disembark from a vehicle and another 2 minutes to enter the vehicle, longer if they have devices such as wheelchairs or other items which need stowing, now 2 minutes minimum to disembark and 2 minutes to reenter the vehicle makes 4 minutes.

However, they have a table of codes based on a 5 minute period, this gives = or - the 5 minutes and the ticket showed code 1.
Code 1 showed + which means they should have had a peroid of observation for over 5 minutes.
However, it gets better.

There procedures state the warden MUST log the start of the period of observation on his hand held device and he cannot issue a ticket until over 5 minutes has elapsed and the time of issue is actually blocked by the machine itself so it cannot begin issuing a ticket until 6 minutes have elapsed on the devices they use locally to us, so there is clear evidence that a ticket is not incorrectly issued with an additional 1 minutes grace.

The Parking Tribunal asked for any additional evidence, and boy did I have some.
This same guy was caught out on the same day parking on double yellow lines and issuing tickets and it was in the local free paper complete with an online video on the papers web site.
Speaking to local businesses yielded results, 11 businesses had issues with this guy and they were the only ones who made official complaints and many made multiple complaints, one guy had made 7 complaints about this idiot and nothing was ever done, so a word with the local free paper will be in order next week.

They submitted more evidence:::::::::: well?
They claimed he had observed my vehicle for 13 minutes, but as we were only there for 4.39 how could he have seen me for 13 minutes. Remember we have 2 recordings with date and times.
He came round the corner and saw me, he walked 2 car lengths which takes err 13 minutes? no actually the recordings show 9 seconds.
They submitted a lot of documentation showing TRO's and nothing about there codes, fortunately I had printed them off and supplied the tribunal with the link to them.

I went back to the tribunal and asked them to obtain the print out from his machine as this would show the start of the period of observation as they have to put a vehicle registration in before this period starts, surprise, nothing.
I mentioned the fact that there fraudulent documentation is a clear breach of the Forgery Act, Courts Act, and Fraud act and supplied the appropriate documentation along with links.

The Tribunal were having none of it and found for me.

They cited the fact the council tried to mislead the tribunal and had committed numerous criminal offences along with breaching there own rules and regulations.

On the bottom of there letter they stated that they don't award compensation but I can get a claim form from them, so what do you think I am going to do? it has been reported to the Police today also and they are looking to bring charges, then there is the little matter of disability discrimination and thats a biggie.