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Which car parks can actually enforce their charges?

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  • Sirdan
    Sirdan Posts: 1,323 Forumite
    edited 7 August 2011 at 10:13PM
    Strewth this is getting long winded and confusing.

    Short version.

    An offence dealt with by Criminal Courts by way of Criminal proceedings is a Criminal Offence whether or not it is recordable.

    A criminal record contains details of recordable offences.

    If you commit only non-recordable offences you will not have a criminal record on the PNC.

    However if you were to be convicted of several counts in a single court case some recordable and some not ,you would of course get a criminal record, that said only details of the recordable offences are shown on the PNC, the non recordable offences are simply listed as just that "non-recordable offence" with no more detail.
  • I wasn't trying to provoke an argument. I was puzzled as much as anything else by what appear to be council car parks which they have contracted out to one of the cowboys. Will they enforce council bylaws generally or does that depend on the arrangement?
  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I wasn't trying to provoke an argument. I was puzzled as much as anything else by what appear to be council car parks which they have contracted out to one of the cowboys. Will they enforce council bylaws generally or does that depend on the arrangement?
    It wasn't your fault, it was mine I guess :D

    I could argue my point till the cows come home, but it's not getting anywhere (even if I am right!...which I am.).

    Councils will typically enforce their own car parking as far as I see it (using their own Byelaws), and don't tend to use PPCs. That being the case, their charges are very much enforceable.
  • Sirdan
    Sirdan Posts: 1,323 Forumite
    Stigy wrote: »
    It wasn't your fault, it was mine I guess :D

    I could argue my point till the cows come home, but it's not getting anywhere (even if I am right!...which I am.).

    Councils will typically enforce their own car parking as far as I see it (using their own Byelaws), and don't tend to use PPCs. That being the case, their charges are very much enforceable.

    Actually you are both right and wrong.

    A Byelaw offence can be dealt with by way of criminal proceedings in a Magistrates Court , as such it is of course a Criminal Offence (if proven).

    However you can NOT get a Criminal Record for a byelaw offence -not even "potentially".
  • Stigy
    Stigy Posts: 1,581 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sirdan wrote: »
    Actually you are both right and wrong.

    A Byelaw offence can be dealt with by way of criminal proceedings in a Magistrates Court , as such it is of course a Criminal Offence (if proven).

    However you can NOT get a Criminal Record for a byelaw offence -not even "potentially".
    You're defining a Criminal Record as only being so if it's recorded on the PNC. That's all well and good, but there has to be a paper trail of all convictions, therefore surely if you're convicted of a criminal offence (non-recordable), you have some form of criminal record.
  • Sirdan
    Sirdan Posts: 1,323 Forumite
    edited 8 August 2011 at 12:04AM
    Stigy wrote: »
    You're defining a Criminal Record as only being so if it's recorded on the PNC. That's all well and good, but there has to be a paper trail of all convictions, therefore surely if you're convicted of a criminal offence (non-recordable), you have some form of criminal record.

    In the context of this discussion and to the man in the street a criminal record is a record that is accessible by searching , the database for criminal convictions is the PNC.

    The Police use it, so do some Government Departments and so do the Courts !!
    So as a byelaw offence is non-recordable there is no "criminal record" , there is a record of a conviction ,held I would guess by the court ,but that is filed away and to all intents and purposes it is not a retrievable record unless you already know it exists.

    Such a record is meaningless ..you don't have to disclose it for employment or insurance etc etc.

    As HO87 has already said to state that a person convicted of a Byelaw offence may "potentially get a Criminal Record" is unhelpful and misleading given what 99.99% of the population understand the term "Criminal Record" to mean.
  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I wasn't trying to provoke an argument. I was puzzled as much as anything else by what appear to be council car parks which they have contracted out to one of the cowboys. Will they enforce council bylaws generally or does that depend on the arrangement?




    My reply above explains it. Look at the signage to know if it's Council enforced or not, it's easy to tell.
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