NCP Services' Tim Cowen has had a busy week defending the indefensible

I must be careful however, 'cos last time I wrote about a parking matter involving Mr. Cowen and NCP Services he told me I had spelled 'indefensible' wrong so let's have a look at this week's excuses ... and we shall see who is going through a bad spell ...

The first one is ... Parking Ticket for Funeral Vicar reported by the BBC. Hearse outside a church. Photo of vicar on Blue Badge. Mourners telling the Civil Enforcement Officer it was the vicar's car and a funeral was taking place. Spokesman Tim Cowan said: "The CEO who issued the ticket is adamant that at no time did anyone explain the car was owned by a vicar conducting a funeral. "
Would like to know on a believability scale of 1 -10 as to whose word you would accept. The vicar and churchgoers or the NCP Services employee. To check out how Mr. Cowen responded when faced with similar accusations that his employees were less than honest click here

Second one is what you would call 'Bang to Rights Guv.'
Veteran parking campaigner, and fellow TalkSPORT guest Barrie Segal exposed illegal activity by a NCP Services Civil Enforcement Officer in the City of Westminster. The story was reported in the News of the World last Sunday and shows a CEO faking evidence. Great work by Barrie and the NOTW.
NCP Services spokesman Tim Cowen insisted wardens were not on commission, saying: “There is no incentive to us to issue these unenforceable tickets.”

It must be pointed out that the tickets are only 'unenforceable' when the motorist knows the law and catches the CEO out as in this case. If it is shown that this is common practice then there must be a Police investigation. All the money from fines issued at this location must be refunded immediately.

CCTV evidence can lead to parking fine

We warned everyone that this was going to happen and that Decriminalised Parking Authorities and their agents were out of control.
The new legislation increases their powers and further disadvantages the motorist.
Justice and fairness will be thrown out of the window as the motorist will have to prove that an alleged contravention taking place weeks earlier did not occur.

The resistance amongst motorists is growing with Parking Appeals now slashing membership to £9.99 a year.

Neil Herron states:
"We expect the number of Penalty Charge Notices issued to escalate after 31st March. Parking Appeals will continue to provide invaluable information and advice to penalised motorists, and will continue to expose the lawless activity of local authorities and thei agents."

CCTV evidence can lead to parking fine
By David Millward, Transport Editor, Daily Telegraph
21/02/2008

Millions of motorists are likely to incur parking fines without realising it after being caught on CCTV.
From March 31, councils across England and Wales will have the power to use remote cameras to enforce parking laws, then send tickets by post.

The move comes alongside other changes that will allow parking attendants to issue tickets as soon as they say they have seen a car illegally parked, without having to put them on the motorist's windscreen.

Motoring groups said last night that both changes will lead to a surge in the number of questionable tickets being issued, with drivers facing fines even when no offence has been committed.

The arrival of a ticket by post, sometimes weeks later, will also make it harder to collect evidence to mount a successful appeal.

Sheila Rainger, acting director of the RAC Foundation, said: "We are worried that these changes will make it even easier for councils to use parking as a cash cow."
Under the new plans, town hall staff in control rooms will monitor CCTV cameras trained on high streets to issue tickets the second a car parks on a yellow line or overstays at a parking meter.
Motoring groups fear this could happen even when drivers have stopped legally. Under some circumstances, motorists can wait on single yellow lines to let passengers out or unload goods.
But this has not stopped CCTV operators in London, where councils have been allowed to use cameras for some time, issuing tickets anyway.

Barrie Segal, whose organisation AppealNow challenges thousands of fines a year, claimed abuse of the system was rife in the capital.
"I have had calls from scores of taxi drivers who have been given tickets as a result of being caught by a CCTV camera while letting passengers out," he said.
"They had stopped quite legally and the camera operator must have known this.
"Another case I dealt with concerned a motorist who stopped to ask a policeman directions. His car's hazard warning lights were flashing and his engine was not switched off, yet he got a parking ticket."

The new regulations will not only be seen by critics as intensifying the war on the motorist but also fly in the face of advice given by the country's parking ombudsman just over a year ago.
Caroline Sheppard, the chief adjudicator or the National Parking Adjudication Service, said drivers should be allowed a few minutes grace to find change for a parking meter.
There will be no obligation on anyone issuing a ticket remotely to follow this guidance, however.

Motoring groups united in voicing concern about the changes.
"The new parking rules from April 1 will lead to a dash for cash on the part of some local authorities," said Paul Watters, the AA's head of Roads and Transport Policy.
"From that date CCTV cameras can be used to enforce parking restrictions which will make it appear easy to enforce parking bans and dole out tickets.
"Using CCTV will be unpopular because it is a blunt instrument. A CCTV camera cannot spot a blue badge, note down a tax disc number or always spot loading or unloading."
"Drivers also first hear of an offence from a notice to owner some weeks later rather than receive a penalty notice immediately so will not easily recall the offence or the validity of the ticket.

Hauliers said they were horrified by the shake-up. "The extent on fines for companies delivering in London is already outrageous," said a spokesman for the Freight Transport Association.
"You are already getting fines running into millions of pounds for individual companies. This move will add far more to the cost of British industry.
"It's preposterous that it is already impossible to make deliveries within a legal framework.
"At least a motorist has the choice of taking public transport, you can hardly deliver barrels of beer by bus.
"Councils don't help by giving planning permission for shops which need deliveries and then raking in cash by fining delivery companies for parking on the yellow lines they have painted outside."
MPs also voiced their concern. "They need to be looking at ways of keeping the traffic moving and not just looking at ways of hitting the hard-pressed motorist," said John Spellar, a former Labour transport minister.
The all-party Transport Select Committee has already expressed doubts about the way in which parking controls are enforced especially in areas where attendants dishing out tickets are set quotas.
"There is no problem with CCTV if it is linked to sensible parking policies," said Graham Stringer, a Labour member of the committee. "But if companies are given targets, this could lead to tickets being issued which are completely inappropriate.

New parking rules may make appeals harder ... Which? Report

New parking rules may make appeals harder

Councils will be able to issue tickets by post

New parking charge rules could make it more difficult for motorists to appeal an unfair ticket, Which? Legal Service warns today.

The new regulations will allow councils to issue a parking ticket by post for contraventions caught on CCTV, or if a motorist prevents a ticket being issued at the scene.
But our lawyers say the rules - which come into effect on 31 March - could make it harder for motorists to gather the necessary evidence to appeal against tickets they think have been unfairly issued.

Parking tickets

Which? Legal Service senior lawyer Joanne Lezemore said: ‘At the moment a penalty charge notice has to be given to the person believed to be the driver at the time of the offence.
‘The new parking regulations mean that you could wake up one morning to find a ticket in your post, which makes it difficult to collect evidence if you want to appeal.’
When challenging a ticket, it's useful to have evidence such as photographs that show, for example, your car's position at the time.
Recent figures from the Parking and Traffic Appeals Service showed London motorists had won more than two thirds of appeals.
Almost a third of these weren't even contested by the council, and it’s a similar picture elsewhere in the UK.

Appeal

The latest figures available from the National Parking Adjudication Service show 29% of appeals were not contested by the council, and a further 27% were won by the driver despite a council's argument.
Ms Lezemore said: ‘If you receive a ticket that you think is unfair, it is still well worth appealing as statistics show that many tickets do get overturned.
‘Act quickly, put it in writing and gather as much evidence as you can for the best chance of success.’
You can find more about your rights, and how to challenge a ticket, in the parking fines section of our website.

Alternatively, you can visit http://www.parkingappeals.co.uk/

Woman faces trial over apple core ...

A woman is to stand trial at crown court for allegedly throwing an apple core out of her car window.
Kate Badger, from Cornwall Road in Tettenhall, Wolverhampton, refused to pay a £60 on-the-spot fine after the alleged incident in March last year.

More here

So now a Registered Keeper of a vehicle is to be legally responsible for any alleged contravention by a passenger?
If it is the case that the incident was witnessed and a registration number noted then what evidence is there that the registered keeper was the alleged offender?

When you nominate yourself to be the registered keeper of a vehicle should the DVLA not inform you that you will now be legally and financially responsible for any civil contraventions committed by any other user (or passenger in cases like this) of that vehicle?

Beware the Parking 'smoke and mirrors.'

The Telegraph reported this week that the number of parking fines are set to rocket as new regulations, the Traffic Management Act 2004, will be brought before MPs before Christmas and which are expected to come into force by spring.

The 'rocketing' will be due to the fact that Parking Attendants, who will now be called Civil Enforcement Officers, will be able to issue PCNs through the post after simply 'observing' the driver committing a contravention.

Many people have been hit with 'phantom' tickets issued by unscrupulous Attendants ... and they are currently illegal and can be successfully challenged. However, it will be open season on the motorist when it becomes legal to issue such tickets.

One serious point in the article is the statement that "In a further blow to motorists, millions could also lose their right to an independent appeal under the shake-up ..."
The article goes on to claim that "Another key provision will allow councils to set up their own appeals machinery ..."

Beware the smoke and mirrors because it is not the case that the councils will be able to set up their 'own' appeals machinery. There will be no change but the implication from the article was that there would be. The 'independent' appeals service will remain, but it is not currently independent nor will it be in the future. It is the administrative function of the 'Joint Committee' set up using powers contained in the Local Government Act 1972.

Who is the Joint Committee? The Joint Committee is simply made up of members from the local authorities participating in Decriminalised Parking Enforcement. NPAS for outside of London and PATAS for the 33 London Boroughs and Transport for London.