Parking fine from camera on Town Hall Roof!

palomino2424

I have just received a parking fine from my local council after I was parked up (on double yellow line) but still in the car and waiting for my OH to pop into the bank. This parking fine was taken from a camera on top of a building near where I was waiting. How can this be allowed? I did not see any sign anywhere informing me of this camera in operation. Can anyone advise me please on how, if possible, I can get out of paying for this please.

Thank you.

FatAndy

The double yellow line is a sign and assuming you've read the Highway Code you should know that it means no parking.

As far as doing anything about I believe that this is a strict liability offence so if you've committed the crime you've got to do the time.

"In criminal law, strict liability is liability for which mens rea (Latin for "guilty mind") does not have to be proven in relation to one or more elements comprising the actus reus (Latin for "guilty act") although intention, recklessness or knowledge may be required in relation to other elements of the offence. The liability is said to be strict because defendants will be convicted even though they were genuinely ignorant of one or more factors that made their acts or omissions criminal. The defendants may therefore not be culpable in any real way, i.e. there is not even criminal negligence, the least blameworthy level of mens rea."

http://en.wikipedia.org/wiki/Strict_liability_(criminal)

palomino2424

Thanks FatAndy - it was worth a try though!

peter_the_piper

It would still be worth posting your ticket on here with personal details removed. They may have incorrectly printed the ticket rendering it null and void. copy/photo/scan both sides and host on tinypic. Copy the url and paste it into a post here and remove the http:// bit.

muckybutt

Agree with Peter, post up the pcn on here or start a new thread on pepipoo with the ticket on there lets see if there are any flaws in the wording.

Coupon-mad

FatAndy wrote: »

The double yellow line is a sign and assuming you've read the Highway Code you should know that it means no parking.

As far as doing anything about I believe that this is a strict liability offence so if you've committed the crime you've got to do the time.

http://en.wikipedia.org/wiki/Strict_liability_(criminal)

But a PCN from a Council is NOT relating to a criminal offence (Council parking enforcement is decriminalised in almost every County). Your link is about criminal offences.

And the Highway Code is not the Statutory Instrument Councils rely on for parking contraventions; in fact much of the wording in the Highway Code does not exactly reflect the regulatory wording of parking contraventions, so would be misleading to refer to.

Almost every Council PCN can be successfully appealed if the OP gets the right advice from posters who know their PCNs from their FPNs. Palomino should post here on pepipoo.com forums:

http://forums.pepipoo.com/index.php?showforum=30

For a start, you can load/unload and passengers can alight on most DYLs. Also those with a disabled badge can park on DYLs with a clock, for 3 hours. A camera cannot show whether any of these situations applied (certainly the OP mentions a passenger alighting...).

Also, the PCN itself may well be flawed to the point that it is unenforceable. Lots and lots and lots of technical appeals are won on wrong wording of PCNs alone. There is no Court, it would go to the adjudicator if it gets that far and most adjudications are given in favour of the motorist.

Don't give up, palomino! Post on pepipoo and heed their advice.

palomino2424

Thanks guys for all your feedback - I am not giving in now! I will do what Coupon says and post on Pepipoo - I have to say I have never posted anything on this site before and I am so grateful for the responses I have had - so thanks again guys.