Solicitor slams 'heavy handed' council after he is dealt car fine

3:00pm Wednesday 30th January 2013 in News By Melanie Vass

FINE OF THE TIMES: Charles Garegnani was fined after being spotted by the council camera car while broken down at a bus stop FINE OF THE TIMES: Charles Garegnani was fined after being spotted by the council camera car while broken down at a bus stop

A SOLICITOR who was fined after his car broke down in a bus stop has criticised the council’s “heavy handed” approach.

Charles Garegnani, of West Road, Pokesdown, eventually succeeded in overturning the £70 penalty charge notice issued after he was caught by Bournemouth’s camera car.

But his appeal was initially rejected and he had to pay the fine while continuing to argue his case.

Mr Garegnani, a legal consultant for Fair Justice, believes Bournemouth council should have overturned his fine more quickly and feels the system deters motorists from appealing.

He said: “The system as it is is not fair. If you pursue an appeal you risk having to pay double the amount you would have paid if you did so straight away.

“After my appeal was rejected, I paid on a without prejudice basis and re-appealed but how many people would know you could do that?”

The 38-year-old had sent the council photographs of his BMW broken down on the bus stop in Seabourne Road and in the process of being jump-started.

“I thought they would use their discretion and cancel the fine but they turned the appeal down, saying I needed an invoice from a recovery firm or garage, which obviously I didn’t have as we fixed the car ourselves.

“I think there is a genuine purpose behind the camera car but it just feels heavy handed. People will give up and pay £35 because they can’t spend time arguing their case in front of an arbitrator.”

Gary Powell, parking and traffic manager at Bournemouth council, said: “We have a fair three stage process for any motorists wishing to appeal against a penalty charge notice. Full consideration is given to individual cases and mitigating circumstances are taken into account.

“Mr Garegnani appealed against his PCN but this was refused on the grounds that insufficient written evidence and documentation was provided.

“Although Mr Garegnani paid his fine, he re-appealed to the council and gave additional information to support his case.

“We believed Mr Garegnani’s situation was genuine and as a result we used our discretion to refund his penalty charge.”

Comments(24)

TD61 says...
3:15pm Wed 30 Jan 13

Broken down? Looks more like he allowed his car to run out of fuel - which is not mechanical breakdown, it's negligence so he should have paid the fine and moved on with his life :o/

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muscliffman says...
3:39pm Wed 30 Jan 13

TD61 wrote:
Broken down? Looks more like he allowed his car to run out of fuel - which is not mechanical breakdown, it's negligence so he should have paid the fine and moved on with his life :o/
My thoughts exactly, why is someone pouring fuel into the car?

This does suggest it has not broken down mechanically at all but has simply and avoidably run out of fuel.
(A jump start in these circumstances is not unusual as repeated attempts to re-prime and start the car would be needed - discharging the battery.)

Would be interesting to know all the facts here!

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The Renegade Master says...
3:48pm Wed 30 Jan 13

I think it's clear that if Bournemouth Council had thought Mr. Garegnani had simply run out of fuel they would not have returned his fine.

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TD61 says...
3:56pm Wed 30 Jan 13

The Renegade Master wrote:
I think it's clear that if Bournemouth Council had thought Mr. Garegnani had simply run out of fuel they would not have returned his fine.
If he could get a "witness" to write a letter to the appeal board stating that he helped Mr Garegnani to jump start his car and not mention the lack of fuel which lead to a flat battery, the council would not have had full details, so could only act on the "evidence" submitted ..... that's how it appears to me anyway .....

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Lord gungedin of Ferndown says...
4:02pm Wed 30 Jan 13

Hmm, not sure about this one!

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Lord Spring says...
4:11pm Wed 30 Jan 13

Should have had a colour scheme like Ballotilli's car, the camera car would have not been seen it.

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chris100 says...
4:13pm Wed 30 Jan 13

not a very good solicitor is he ????? if you look at the yellow line you will see thats its broken so is not legal and from that pic it doesnt look like he isfully in the bus stop just the rear end of the car is
he should know this

any tickets go to pepipoo and they will help you

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MMM444 says...
4:26pm Wed 30 Jan 13

If it had been a bricklayer, plumber, chippy, shopworker whoever, no chance of getting that overturned, end of

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rayc says...
4:51pm Wed 30 Jan 13

As the location appears to be outside a public toilet wouldn't it be a sensible idea to have a couple of free parking spaces with a 15 minute time limit?

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BoscombeBloke says...
5:03pm Wed 30 Jan 13

Mr Garegnani is a'Legal consultant working for Fair Justice', in reality he founded the organisation and appears to be its only member. I have crossed swords with him in the past,(about a legal matter), and have a very low opinion of him, based upon my experience.

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davidhaz says...
5:29pm Wed 30 Jan 13

he was probably dogging....... He told the officer the transsexual midget sitting on his lap was only helping to "get it started" Broken down was the best excuse he could come up with.

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BIGTONE says...
6:07pm Wed 30 Jan 13

Doing it Garegnani style........

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BoscombeBloke says...
7:23pm Wed 30 Jan 13

Almost 2 years to the day since he was posing in the echo again, that time feigning horror over finding a discarded needle.

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mysticalshoelace says...
8:16pm Wed 30 Jan 13

Oh for goodness sake it doesn't matter who he is or if he broke down or ran out of petrol! I'm sure he didn't deliberately do either so why should he be fined?

Lets face it the only reason for that camera car is to raise revenue for a council that can't manage its money!

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Letcommonsenseprevail says...
8:19pm Wed 30 Jan 13

Yes, he looks like he'll struggle to pay the fine, NOT! Still makes a pleasant change for someone to take money off a solicitor.......

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s-pb2 says...
10:06pm Wed 30 Jan 13

davidhaz wrote:
he was probably dogging....... He told the officer the transsexual midget sitting on his lap was only helping to "get it started" Broken down was the best excuse he could come up with.
Think you could be onto something there!

I personally dont think hes holding up a penalty notice, I think its a swimming certificate

Also why in one pic do the Echo blank out his registration, yet in the next picture its in plain view?

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BoscombeBloke says...
10:17pm Wed 30 Jan 13

How strange, mr garegnani 'had sent the council photos of his BMW broken down and in the process of being jump started' to support his claim to get the fine quashed. His fine was issued by the camera car, and he would have had no idea that he would be fined until it arrived on his doormat. Why on earth would he take photos of his cars alleged breakdown, for his own pleasure!. Methinks he could have taken photos after his fine arrived to create 'evidence'. Please council check the weather conditions,exact car location etc to see if perjury has occurred.

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Bob49 says...
11:51pm Wed 30 Jan 13

I would have thought that given the value of the car the chap would have breakdown cover/recovery etc and so what have called them were a breakdown to have occured.

Most folk will also think that car engines nowadays tend to require computer diagnostics,and would not presume to simply call someone out to put some petrol in the tank - but wait for a qualfied 'recovery' mechanic instead.

Further I am sure (as will many others be) that battery's on cars like that do not simply drain (go flat)through driving around town - and expect that he has parked up to use the loo or something and after getting a ticket has concocted this farcical nonsense.

I tend to agree with the council here.

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Phixer says...
5:09am Thu 31 Jan 13

A 'real' solicitor would have known that a council cannot issue 'fines'.

Is this another Echo posed photo-op breaking the law? About time the Echo was taken to court.

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djd says...
8:30am Thu 31 Jan 13

Oh, a solicitor broken down in a BMW, they don't break down, do they ????
My heart bleeds for him.

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jeebuscripes says...
9:53am Thu 31 Jan 13

Top Tips #234:

Whenever life gets you down just contact The Echo.

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Wintonian says...
10:46am Thu 31 Jan 13

chris100 wrote:
not a very good solicitor is he ????? if you look at the yellow line you will see thats its broken so is not legal and from that pic it doesnt look like he isfully in the bus stop just the rear end of the car is
he should know this

any tickets go to pepipoo and they will help you
That's not the kerbside yellow line, it's the dotted line separating the bus stop from the main carriageway.

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The Liberal says...
10:18am Fri 1 Feb 13

BoscombeBloke wrote:
How strange, mr garegnani 'had sent the council photos of his BMW broken down and in the process of being jump started' to support his claim to get the fine quashed. His fine was issued by the camera car, and he would have had no idea that he would be fined until it arrived on his doormat. Why on earth would he take photos of his cars alleged breakdown, for his own pleasure!. Methinks he could have taken photos after his fine arrived to create 'evidence'. Please council check the weather conditions,exact car location etc to see if perjury has occurred.
Just a thought, but maybe he saw the camera car go past while he was stuck there? I mean it's not exactly inconspicuous, is it, with bright markings and a great big camera on the top of it!

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The Liberal says...
10:21am Fri 1 Feb 13

Phixer wrote:
A 'real' solicitor would have known that a council cannot issue 'fines'.

Is this another Echo posed photo-op breaking the law? About time the Echo was taken to court.
Not so. A council has every right to issue PCNs.
 
I do you hope you have a 'real' solicitor to fend off that potential libel suit, though!

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