Typed version, sorry for any errors no time to check.
Quote:
A DISGRUNTLED motorist is giving Park Wise wardens a taste of their own medicine by issuing THEM with on the spot “fines” for touching his car.
Exploiting a schedule of the Human Rights Act relating to protection of property Burnley businessman Mr Nigel Crosby has displayed a sign warning that people caught touching car will be asked to caught up £60 – rising to £120 for non-payment and then a date in court.
Mr Crosby has vowed to fight his corner after being inspired by a television show where trickster/comedian Paul Zenon took his “revenge squad” into the streets of London to get their own back on parking attendants, as well as the Express story of how owners of local bar smackwater Jacks have threatened to charge wardens £60 for a drink.
He issued his first ticket last week when a warden booked him for out-staying his time in Nicholas Street.
He told the Express “When a warden is issuing a ticket they lean over your car. Now what is to stop their ticket machines scratching the paintwork or the window?”
“I was literally getting in my car when the warden tried to put a ticket on my windscreen. I told him about the sign so he then tried to hand me the ticket, which I refused”.
“So I gave him a ticket of my own which he did not take, but I have his ID number and have sent the ticket to Park Wise”.
“I saw a programme on television which gave me the Idea and although he was just playing a prank, it got me wondering if there was any mileage in it”.
“They have two weeks to respond before it goes up to £120. After that I will be requesting a county court judgement. I am not breaking any laws, it’s a contravention”.
However legal eagles could be drafted in to settle the dispute after Park Wise officials disagreed with Mr Crosby. The schedule states that: Article 1 of The Human Rights Act provides that the Government or a public authority cannot deprive a person of their property unless the law allows this and it is necessary in the public interest to do so.
Further, that a public authority cannot put restrictions on what a person does with their property unless there is a law that allows then to do this.
A spokesman for Park Wise said: “The law in fact allows the Authority to do son in both cases, by virtue of The Road Traffic act 1991 and the Road Traffic Act (Permitted Parking Area and Special Parking Area) (County of Lancashire) Order 2004 SI 2004/2028.
“Schedule Three of the Road Traffic Act de-criminalises the offence of parking in contravention of a traffic regulation order and the 2004 order of the Secretary of State
and the act provide for the de-criminalised regime to be enforceable by the authority which includes provision that a penalty charge notice may be fixed to the vehicle.
“The Human Rights Act in no way provides for an individual to break the law by parking in a prohibited place.
“Neither does it provide any justification for a member of the public to issue fines against people who are performing their duties in accordance with the law”.
Park Wise was introduced in Burnley in September 2004 following the de-criminalisation of parking.
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