DCI Gene Hunt

I hate traffic wardens.... well done Chopper

Spoon

I'll raise Bob a tenner, I heard the bitch mutter she was going to jump in the road to file a false personal injury claim.

Luminous

iTrader: (3)

I hope you have opted to have legal cover on your insurance. I think this may be a time you will have to use it.

Most councils are in the parking ticket game to make profit, and are not likely to just back down. Most attempt to bully people into paying. While they are pursuing their "legally issued" ticket, the warden will no doubt be trying to get a no win no fee legal claim going against you.

Wardens are not well paid, so unless they are one of the nice ones (rare) then they will try and take you for what they can get. I hope you took lots of pictures. I also hope you made a fully documented account of what happened, along with diagrams.

I wish you luck with this, as if things were like you described then you should not be blamed for the foot thing.

How bad was her foot, did it break? Do you know that you actually ran over it, or is she just claiming you did?

Klaatu

If you had paid for and participated in the "driver programs" I did, then maybe, maybe, we would have some "common" ground to "discuss" this matter.

DCI Gene Hunt

That's a human perception, as ground doesn't realise it's "common"

Adidas

You'll find that an assault occurs whenIt could be argued that the OP actions was reckless when he drove off knowing the warden was close to his car.

As already stated, I can see a civil claim heading choppers way

Klaatu

Finally, "people" are begining to realise significance.

Luminous

iTrader: (3)

I think the first part to choppers defense would be for the warden to prove that her foot was indeed run over. I did not see anything in the OP that stated she was rushed off to hospital with a broken foot.

spireite

Report the bitch to her superiors im sure jumping in front of cars is not working in accordance with her risk assessment .she should be sacked for gross misconduct

SwissTony

iTrader: (19)

I havent got a funking clue what you are on about, but carry on

davegtt

Its like watching someone try and fight there way out of a paper bag

Snazy

Just a pointer....

By definition a ticket does NOT have to be placed upon the car to be considered "issued"
The process of printing the ticket validates the PCN, and should the driver choose not to wait for the physical ticket to be handed or placed to them, the PCN will still stand. However the "offer" of the usual 50% reduction within 14 days will not stand.

Therefore driving away to prevent the ticket touching the car, thus not being issued was flawed.

Hope it goes no further though.

andy97

iTrader: (1)

There was a high court case recently-I believe it was a London councillor, who drove off without a ticket being served.

He won his case because the ticket had not been served in the correct manner, ie placed upon his car or given to him by hand.

I will dig out the case and edit this post - here it is in the mail Avoid a parking ticket - just by driving away | the Daily Mail

Andy

RLE

iTrader: (2)

Suspect you have double yellows outside your house for a good reason?
Had you obeyed the law you would not have been in this predicament.
Sincerely hope you dont get in to any trouble Chopper............

The Zohan

A story that warms my heart.

FWIW i had a couple of traffic ***** in the process of ticketing my car some two months ago, never stuck it on the screen, still no ticket.

OK then.

Re the traffic warden. I think you will find that they are breaking their rules by doing what they have done and this needs taking up with their bosses in the way of a formal complaint. The warden will be in serious breach of H&S regs and the council are hot on this.

Secondly i would write to the papers, a kamakazi traffic warden on the loose story, see if they are interested, most local authority incidents are well received by the press, especiallly when it involves stupid and reckless behaviour on behalf of a council employee.


I have been in a similar situation several times, driven off before the traffic monkey had managed to put the ticket on my car. I would have probably run over their foot as well as THEY put themselves in that situation.

I think you will find that it will clearly state in their training manuals/rules & Regs that they are not to approach or attempt to touch or delay or ticket a moving vehicle. Not an accident, more an incident created by reckless behaviour of the traffic ****.

There by the grace of dog (i am agnostic) go i.

Good luck and keep us updated.

Snug Rhino

for all the anti warden folks.....how would you suggest the double yellow lines are enforced, or are you happy for people to park where they like?

gallois

dude, the swiss would see it differently, i.e. you knew she was there and that she was attempting to put a ticket on your car, yet you carried on driving, she will say that she was placing the ticket when you drove "at" her, if i were you, i would delete your first post ASAP, and request that this thread is deleted as it can have legal consequences, it does incriminate you somewhat, expect some **** from this, but make sure you have a good solicitor, and if it does lead to an arrest, then say nothing until your solicitor is present.

gpssti4

iTrader: (6)

Firstly

Secondly, you should be okay as the ticket has not been served - I've driven away from a TW before - she was walking/running after me requesting that I stop - errrr yeah right

If she jumped infront of your car then she (as has been said) breached H&S, it's here own damn fault that her foot was run over (almost wish it was her head). I can't see any judge awarding in her favour.

Persue to the full extent of the law a claim for damages to your car. The daft cow should have damaged your property should she.

I guess you could go 'knock for knock'!!! You pay for your scratch and the council pays for a new TW!

Hope it gets sorted.

Kieran_Burns

iTrader: (1)

Would the Pepipoo crowd be able to help in this case?

renny

iTrader: (2)

Firstly....

Secondly....

Thirdly.....


I was reading somewhere recently that the ticket does still have to be issued,hence why she was making such a tit of herself to put it on your car in the first place.
This is going to change shortly though as i read that you could start getting parking tickets without actually being issued one,similar to the mobile camera van type scenario ie you'll get one in the post within 14 days.

As for the running over her foot,i can only add what many have already said and that's her own stupid fault.That's only my opinion and as we all know the law does work in strange ways these days.

Account deleted by request

Morning chaps quick update.

The police officer that first quetioned me has phoned to say that what has happened is definately not assult it is a traffic collision. He has filled in the forms with both of our initial short statements and sent it to the people upstairs (i believe CPS types) that will decide whether to proceed with a prosecution of Driving Without Due Care etc.

He said having spoken to the warden ho had a bruised foot, she went to local a&e for a check up that she is maintaining that I reversed over her foot. Even though I was backed up tight to a wall so this would have been impossible My partner who saw the whole incident has provided a statement to say I was moving in a forwards direction. The BiB has said he has advised against any prosecution but it is in the ands of people upstairs. He has advised me to go to court if they do as he believes there is no evidence to show I did anything wrong.

Over the weekend I will be writing to the private company that run the councils parking (Parkright), and will cc to the head of the council. I will make a formal complaint about her behaviour and irrespective of the rights and wrongs in a court of law her heavy handedness in issuing a ticket.

I should add that the attendents have to place the ticket on the vehicle or give in hand to person for ticket to be valid.

I have a company car so know nothing about the insurance but will leave down to our brokers if she tres anything. I am fairly confident though that if the police dont prosecute me that is them saying I havent done anything wrong or there isn't enough evidence. I would imagine any claim would have the same outcome.

What a ball ache.

Thanks for replies. I am fair hacked off over it but my partner just keeps laughing at the sight of the attendant hopping round holding her foot!

chop

spireite

You need to find out if the warden is going to be off for more than 3 days , this is going to be riddor reportable ,if so when you write to the local council nits always worth bringing up the HSE that'll **** em up as she obviously was not working to the council risk assessment .

That is unless jumping in front of moving vehicles is low risk

jonny_693

iTrader: (5)

Shame on you mate, you could of taken Her out properly lol

Seriously though hope it works out ok. Maybe send them a bill for the scratch repairing, a little ammo wont hurt. Failing that I hear Klaatu is good with body repairs, maybe drop him a pm.

dpb

Dont call him chopper for nothing

Scoob99

iTrader: (1)

Chop, Nice one mate pop over to the 5-0 website and have a word with either Wazza or Old Codger(he is a magistrate) they are very helpful, BTW as the double yellows are outside your house are you not entitled to a permit.
Cheers
Colin

Kieran_Burns

iTrader: (1)

I think that your partners attitude is reprehensible.










She should've taken photo's!!!!

gpssti4

iTrader: (6)

You've only got yourself to blame, do the job properly next time. Then put the body in the boot and dispose of with a couple of pigs!

That's what I told my mate last night if he ever put a ticket on my car - he's a traffic warden.

94impreza

I thought a parking ticket only stood if they placed the ticket on your windscreen and took a picture of the ticket on your windscreen. Did the TW seriously think she'd place the ticket and get the camera ready and then get a clear picture before you could pull away?

I was issued a ticket a few months ago, but managed to get in the van and pull away before he could stick the ticket to my windscreen. Unfortunately i pulled into traffic, so the TW literally chased my van down the road. Luckily the traffic moved just in time before he could get near my windscreen. I've not heard from them at all lol.

If she saw you get into your car and heard you start the engine, and you'd said "You haven't issued it yet" then she would have been well aware you were preparing to move. It was her choice like an idiot to try to prevent a car moving with her body and her fault she scratched your car.

The thing is this is England. If you obide by the law, then the law doesn't give you any leway (sp). Had you been burgling the house you were parked outside of then human rights would have allowed you to park there until you were finished.
Lets hope they don't throw the book at you, keep us updated, oh and ignore the WUM's.

Leslie

I can't see how you can be blamed for driving away as you are entitled to do and she then steps onto the road in front of your car. Sounds like the policeman was ahead of the game too-hope nothing comes of it anyway.

Klaatu, you sound like an unnecessarily rude chap to me!

Les

fatherpierre

I wouldn't worry about it from what you've listed.

You've got a witness, although not independant from you. I assume the warden has only her word?

I'd be surprised if the traffic process people send it on without any evidence.