Smartie...

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Smartie...

Postby Saitek » Fri Nov 18, 2005 2:01 pm

http://news.bbc.co.uk/1/hi/england/here ... 450196.stm

I wish there were a few more like him around.  8) ;D

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Re: Smartie...

Postby Felix/FFDS » Fri Nov 18, 2005 2:57 pm

If I were to judge on that particular issue I'd deny the man's claim.

The offense was committed by the car, so that the ticket is issued against the property which was illegally parked, not against the person.

The ticket amounts to a lien on the Property which is to be satisfied by the Owner of said Property in order for the Property to be released back to the Owner.

In essence, the lien is against the Property, and not a fine against the Owner.

Now.  The question becomes, in the UK, when a ticket is issued, is it not a summons to appear before a court?  Payment of said fine then becomes due when the Person ticketed is convicted by either pleading guilty in court, or admitting guilt by paying the relevant fine.  In the case where the Person objects to the ticket, the Person may then get a court hearing to plead his/her case.  If convicted at that hearing/trial, the Person then has to pay the relevant fine and associated costs...
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Re: Smartie...

Postby BFMF » Fri Nov 18, 2005 3:06 pm

He should know that if by illegally parking somewhere, he would get a ticket.

I wouldn't drive into a city, park my car somewhere I shouldn't, get surprised when getting a ticket, and then try to fight it ::)
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Re: Smartie...

Postby Saitek » Fri Nov 18, 2005 3:51 pm

No, folk don't appear in court for their fines. It is more of a nasty tax rather than an offence. Unless of course you won't pay! ;)

Interesting though. I like the fact that we have such old laws.  8)
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Re: Smartie...

Postby Felix/FFDS » Fri Nov 18, 2005 4:34 pm

[quote]No, folk don't appear in court for their fines. It is more of a nasty tax rather than an offence. Unless of course you won't pay! ;)

Interesting though. I like the fact that we have such old laws.
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Re: Smartie...

Postby erp001 » Fri Nov 18, 2005 6:09 pm



Interesting - in the US, you're not given a ticket, per se, you're given a "summons" to appear in court.



You have to appear in court just for parking in the wrong place? Everytime you do so? Man, I would have been in court many times. Luckily you only get a ticket here. Cost you 45 Euro though.

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Re: Smartie...

Postby Hagar » Fri Nov 18, 2005 6:41 pm

It doesn't elaborate in the article but it looks like the person in question was wheel-clamped. I'm not familiar with how this is done in Worcester but many local councils in the UK employ private companies to operate this 'service'. If your car is clamped for being parked against the rules you have to pay to have it removed. If this is not done within a certain time it will be towed away to a car pound & a daily charge made for storing it. I imagine that if it's not claimed within a certain period it will be disposed of in order to pay the charge. This is a spot fine without the police being involved. I don't believe that any court summons is issued although the offender (victim) can appeal to the council.

This has been criticised many times as these people who are often no more than local villains operating under the guise of a 'respectable' business are a tad too enthusiastic, often applying these wheel clamps for minor offences or even when no law has been broken. It's obvious to me that this is exactly what this sort of person would do but many motorists pay up to get their car back before it's towed away. This is the main reason I no longer visit Brighton where they've operated such a scheme for many years.
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Re: Smartie...

Postby Saitek » Fri Nov 18, 2005 6:47 pm

Well I believe the law is down to the council to enforce. Up in Scotland we have hoards of traffic wardens that go around. They are like a side-shoot of law enforcement. They are in contact with the police and work with them when needed, but basically they exist because police have more important thigns to think about.  ;)
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Re: Smartie...

Postby Hagar » Fri Nov 18, 2005 6:55 pm

These people are not traffic wardens or law officers in any sense of the description. More like thugs working under licence - a licence to print money.
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Re: Smartie...

Postby Saitek » Fri Nov 18, 2005 6:57 pm

Well they must be different up here. They are well respected.
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Re: Smartie...

Postby Hagar » Fri Nov 18, 2005 7:11 pm

Well they must be different up here. They are well respected.

By whom exactly? You obviously don't drive a car or the traffic wardens in Scotland are different to everywhere else in the country.

As I mentioned in my previous reply, these are not traffic wardens or law officers. We call them Cowboy Clampers in this part of the world. If you don't believe what I'm saying maybe you will take more notice of Hansard. http://www.parliament.the-stationery-office.co.uk/pa/cm199900/cmhansrd/vo000117/debtext/00117-04.htm
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Re: Smartie...

Postby H » Sat Nov 19, 2005 1:54 am

So you jack up your vehicle, place your swivel-wheeled plats under each tire and let your friend tow the vehicle far away from the no-park zone.  ???
Last edited by H on Sat Nov 19, 2005 1:54 am, edited 1 time in total.
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Re: Smartie...

Postby Craig. » Sat Nov 19, 2005 1:59 am

wheel clampers are illegal in scotland. Thats probably why you have so many wardens. They are thinking of introducing the same law here.
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Re: Smartie...

Postby Saitek » Sat Nov 19, 2005 3:12 am

I don't know Doug, but as well as helping police in and around the town with traffic at rush hour and trying to rid the town of folk parking illegally they are also at big events and I believe are a kind of crime stopper generally speaking. They do the patrolling that the police have stopped.  ::)
No I don't drive a car, but I ride around in one. :P Also it wouldn't surprise if Scotland was different. Our legal system is TOTALLY different.
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Re: Smartie...

Postby H » Sat Nov 19, 2005 3:53 am

Our legal system is TOTALLY different.
Undoubtedly. It's certainly spoken differently. 8)
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