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7:30am Thursday 6th August 2009 in
HUNDREDS of motorists stung by parking fines after being caught on film by Bournemouth council’s camera car could receive refunds after a landmark legal ruling.
A tribunal has ruled that unless local authorities have put up signs warning drivers the ‘spy cameras’ are in operation, tickets are invalid.
A camera car scheme was launched in Bournemouth on June 17 to target drivers who park at bus stops and outside schools. Warning signs were not erected.
In the past seven weeks 370 drivers, including disabled Southbourne man Roger Ryder, were caught parking at bus stops.
Eleven motorists were captured on camera parking at school entrances. Each received a £70 fixed penalty notice through the post.
Retired businessman Mr Ryder, 65, didn’t realise his red Jaguar had been photographed on July 7. He said: “I popped into the Co-op store in Tuckton for a newspaper – there wasn’t anywhere else near the shop to park.
“I was shocked when the fine notice dropped through my door. I paid it within a couple of days so it cost me £35 instead of £70, which is the penalty if you don’t pay within 30 days.
“I’ll definitely be appealing, now I know what has happened elsewhere. There weren’t any signs saying the camera car was operating in the area and I think that is wrong. Motorists should be warned.”
The ruling came after businesswoman Rachel Johnson received three £70 parking fines in the same week after being snapped by a ‘spy camera’ in Merseyside.
Ms Johnson, 34, who runs an off-licence, challenged Wirral Borough Council and took her case to a Traffic Penalty Tribunal. All three fines were quashed.
The tribunal ruled that the tickets were invalid because of the lack of signage warning motorists they might be photographed.
The ruling could open the floodgates for thousands of other appeals from motorists across the UK.
Following the case Wirral council launched a review into the way it uses its ‘spy car’ to enforce parking regulations.
Bournemouth council confirmed yesterday that there are no signs warning motorists of the camera car but stressed that the vehicle was marked with “camera enforcement signage.”
Head of transport James Duncan said: “We believe that all the signage associated with the Traffic Regulations Orders in Bournemouth meets with the requirements but keep everything under constant review. The tribunal decision related to a different situation; we do not use the camera car for that purpose. In Bournemouth we do not currently use the vehicle in stationary mode, unlike the case in Wirral.”
He added that the council would not be issuing any refunds.
Comments(67)
miketheplumb
says...
8:07am Thu 6 Aug 09
EdBmth
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8:29am Thu 6 Aug 09
rayc
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8:33am Thu 6 Aug 09
mark0peters
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8:40am Thu 6 Aug 09
unsubscribe
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8:45am Thu 6 Aug 09
mark0peters wrote:If the town wasn't covered in yellow lines then the Council wouldn't be able to operate this sting.
Bournemouth & Poole council need to REMOVE yellow lines from the areas where they have put them unnecessarily and allow people to park safley once again.
10 years ago you could quite hapily park outside a local shop and most people did not need to "park illegally".
Remove the yellow lines (where its safe) and allow people to park freely again....
Was Charlie
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8:46am Thu 6 Aug 09
blogit2
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8:46am Thu 6 Aug 09
EdBmth wrote:I totaly agree with you
I might be able to help here. I have this product that will enable people to avoid getting tickets when parking and not have to worry about being caught by the camera car. Its called the Highway Code. It states quite clearly that it is an offence to park at amongst other places a Bus Stop. Therefore follow the Highway Code and you should be ok (Terms and conditions apply – product assumes motorist has basic level of intelligence and common sense) With the exception of Mr Ryder who without knowing his disability it is not fair to comment, all these other motorists deserve what they got. They parked in such a way as to cause an inconvenience and possibly even a danger to other people. Why should they think that they can get away with doing something like that, because there were no signs warning them they might get a ticket.
a.g.o.g.
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8:48am Thu 6 Aug 09
rook
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8:56am Thu 6 Aug 09
blogit2 wrote:... and I'll third that!
EdBmth wrote:I totaly agree with you
I might be able to help here. I have this product that will enable people to avoid getting tickets when parking and not have to worry about being caught by the camera car. Its called the Highway Code. It states quite clearly that it is an offence to park at amongst other places a Bus Stop. Therefore follow the Highway Code and you should be ok (Terms and conditions apply – product assumes motorist has basic level of intelligence and common sense) With the exception of Mr Ryder who without knowing his disability it is not fair to comment, all these other motorists deserve what they got. They parked in such a way as to cause an inconvenience and possibly even a danger to other people. Why should they think that they can get away with doing something like that, because there were no signs warning them they might get a ticket.
rayc
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8:57am Thu 6 Aug 09
Was Charlie wrote:I never said that. I asked, reasonably I thought, what is so different about disabled drivers cars that they do not cause the obstruction that abled bodied drivers cars do?
"The cars were showing blue Disabled badges and obviously the yellow lines, which we are told are there for safety and congestion reasons, don't apply to them. It is a farce, if the lines are neccessary then they should apply to all." The rule is that disabled drivers can park on double yellow lines (but not where there are 'no loading' markes on the pavement for up to three hours PROVIDED there are no other free parking areas close by and PROVIDED they are not breaking any other traffic rules. The reason being that able-bodied motorists can walk from a distance away from where they want to be, but disabled people cannot. Are you aying that the disabled shouldn't be able to get to places that you can just because they are unable to walk far?
ukdragon
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9:03am Thu 6 Aug 09
rook wrote:I also agree!
blogit2 wrote:... and I'll third that!
EdBmth wrote:I totaly agree with you
I might be able to help here. I have this product that will enable people to avoid getting tickets when parking and not have to worry about being caught by the camera car. Its called the Highway Code. It states quite clearly that it is an offence to park at amongst other places a Bus Stop. Therefore follow the Highway Code and you should be ok (Terms and conditions apply – product assumes motorist has basic level of intelligence and common sense) With the exception of Mr Ryder who without knowing his disability it is not fair to comment, all these other motorists deserve what they got. They parked in such a way as to cause an inconvenience and possibly even a danger to other people. Why should they think that they can get away with doing something like that, because there were no signs warning them they might get a ticket.
BIGTONE
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9:20am Thu 6 Aug 09
GB916
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9:21am Thu 6 Aug 09
addenuf
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9:41am Thu 6 Aug 09
Perry_Winkle
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9:44am Thu 6 Aug 09
wayneofafcb
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10:00am Thu 6 Aug 09
Derf
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10:07am Thu 6 Aug 09
ferret38
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10:08am Thu 6 Aug 09
matthewsad
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10:15am Thu 6 Aug 09
Lord Spring
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10:15am Thu 6 Aug 09
mark0peters wrote:A couple of good examples which need reviewing are Avon Road (Cul de Sac apart from hammer head turning) and the link road twixt Capstone Road and Shelbourne Road by the Wessex Way very little traffic use these but still traffic restrictions apply for historical reasons. Agreed these are not near shops but a review is needed by jobsworths
Bournemouth & Poole council need to REMOVE yellow lines from the areas where they have put them unnecessarily and allow people to park safley once again. 10 years ago you could quite hapily park outside a local shop and most people did not need to "park illegally". Remove the yellow lines (where its safe) and allow people to park freely again....
West Howe Sean
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10:23am Thu 6 Aug 09
ferret38
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10:28am Thu 6 Aug 09
West Howe Sean wrote:RPG the car with them in it .. sorted :)
Bournemouth Council Parking Enforcement team are acting like a bunch of thugs extorting money with menaces - What sort of people do these jobs? - they act like criminals but think they are in the right - these people are very dangerous.
West Howe Sean
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10:29am Thu 6 Aug 09
mark0peters wrote:This is such a sensible idea - most of the parking restrictions are not needed - there needs to be a re-evaluation.
Bournemouth & Poole council need to REMOVE yellow lines from the areas where they have put them unnecessarily and allow people to park safley once again.
10 years ago you could quite hapily park outside a local shop and most people did not need to "park illegally".
Remove the yellow lines (where its safe) and allow people to park freely again....
585
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10:51am Thu 6 Aug 09
Perry_Winkle
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11:04am Thu 6 Aug 09
ekimnoslen
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11:05am Thu 6 Aug 09
cardomon
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11:47am Thu 6 Aug 09
dunketh
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12:01pm Thu 6 Aug 09
BrianBrain
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12:11pm Thu 6 Aug 09
rayc
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12:41pm Thu 6 Aug 09
dunketh wrote:How about those double yellow lines outside schools only being operative during school hours? If a restriction is there for a purpose then it needs to be sensibly applied if it is not to fall into disrepute.
Parking in a bus stop is a pain in the bottom. Parking on yellow lines outside a school is plain deadly. I bet they'd soon change their minds if their kids were mown down because drivers couldn't see them crossing. £70 fine - should have had the car crushed and charged them for the job!
Bournemouthstorm
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12:54pm Thu 6 Aug 09
miketheplumb wrote:Er.. Joe public will know by checking the are signs at the side of the road saying when you can and cannot park. The camera car is just recording people that are already breaking the law.
And Bournemouth Council responded "....the vehicle was marked with “camera enforcement signage.” AND? If there's nothing linking the camera enforcement vehicle to the crime being commited, how does "Joe Bloggs" link the fact they are breaking the law and are aware of that fact, with such a vehicle? Oops! Another case of Big Brother is watching you, yet doesn't tell you why (even though it may be patently obvious). But with speedcams pedestrian area camera, camera's on the seafront, the only time I feel I'm not watched is at home. Are we expected to accept "...“camera enforcement signage.” as "We are ready to fine you for whatever you plan to do next..."
djd
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12:54pm Thu 6 Aug 09
Bournemouthstorm
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12:56pm Thu 6 Aug 09
addenuf wrote:It is illegal to park with one or more wheels on the pavement unless there are markings/signs showing that it is permitted.
Can anyone tell me where it says in the Highway Code that it is ok to park half-way on the pavement? On Kinson Road there are always loads of cars parked in this way and it isn't as though it is a narrow road. Why don't the traffic police ever slap tickets on them?
Bournemouthstorm
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1:06pm Thu 6 Aug 09
pipistrollers
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1:36pm Thu 6 Aug 09
GB916
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1:55pm Thu 6 Aug 09
TD61
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1:57pm Thu 6 Aug 09
West Howe Sean
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2:33pm Thu 6 Aug 09
TD61 wrote:TD61 - You should work for the council - they employ lots of people like you
I sincerely hope that this so called "disabled" driver does NOT get his fine quashed.
EVERYONE who is issued with a Blue Badge - ie: Disabled drivers - are also given a user handbook in which it states "you may NOT use your blue badge to park in bust stops. Doing so may result in you being issued with a parking fine or having your car towed away"
So, since he should have known it was illegal to park there in the first place - regardless of whether there were any signs erected or not - how can he suggest otherwise?
Also, the Highway Code does also state it is not permissable to park in bus stops ........
Personally, I feel he should pay his fine and also have his blue badge taken away for flouting the rules of using it, but knowing this namby-pamby society we live in, neither will happen.
dyrck
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2:58pm Thu 6 Aug 09
Jonkers
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3:19pm Thu 6 Aug 09
BrianBrain wrote:Agreed. Westbourne seems particularly bad. At least half of the designated spaces are for disabled only and yet they park where they want to irrespective of the fact that they are in front of the traffic lights and so far away from the kerb they have quite a walk even before they get to the pavement.
Many fine comments on hear. I have to toally agree that these tickets should be enforced. We all know where are not supposed to park if you take that chance to "just pop in to get a paper" then you take the chance that you might just get caught and might just have to pay the fine. There does however need to a review on disabled parking and the suggestion that some double yellow lines could be remarked to show temporary 20 minutes bays for disabled people would be a fine change in policy. However I have seen many crazy bits of parking by our blue badge holding friends and it is a shame that a few of these seem to feel that the blue badge gives them the right to park wherever they feel like anytime they like. Temporary bays would change this and provide both shop owners and blue bage holders with a good solution. For the rest of us its a walk but thats not a bad thing.
thesyrup1
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3:20pm Thu 6 Aug 09
West Howe Sean wrote:I disagree Sean, TD61 has a very valid point. I know the Blue Badge scheme is a bit of a nightmare in different parts of the country,( where you can park, whether its free to park etc,) but parking in bus stops is against the rules in all parts of the country. This driver was just unlucky, as I see other cars/vans using that bus stop all the time. I also agree with the posts regards to yellowlines. In the Broadway area of Southbourne they are all over the place. If I didnt know better, I would say its to force the tourists into the council car parks, where of course they have to pay.
TD61 wrote: I sincerely hope that this so called "disabled" driver does NOT get his fine quashed. EVERYONE who is issued with a Blue Badge - ie: Disabled drivers - are also given a user handbook in which it states "you may NOT use your blue badge to park in bust stops. Doing so may result in you being issued with a parking fine or having your car towed away" So, since he should have known it was illegal to park there in the first place - regardless of whether there were any signs erected or not - how can he suggest otherwise? Also, the Highway Code does also state it is not permissable to park in bus stops ........ Personally, I feel he should pay his fine and also have his blue badge taken away for flouting the rules of using it, but knowing this namby-pamby society we live in, neither will happen.TD61 - You should work for the council - they employ lots of people like you
Jonkers
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3:22pm Thu 6 Aug 09
Mike Pickering
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3:27pm Thu 6 Aug 09
GB916
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3:35pm Thu 6 Aug 09
psatlast
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4:07pm Thu 6 Aug 09
nessie
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4:20pm Thu 6 Aug 09
PokesdownMark
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5:06pm Thu 6 Aug 09
GB916 wrote:Here here. I don't like the idea of a camera car at all. But the cars parked in the bus stop at tuckton are a right pain. I was stuck behind a bus because of this only last week. Its pretty selfish. But easy to fix if the council really cared.
99 times out of a 100, the very short term parking offences cause no real safety or access problems - they might garner a quick 'tut' from someone who has to go round, or wait a few seconds for traffic to pass
The only problem with what you say here is in Tuckton the bus stop has cars stopped on it most of the day so the obstruction is constant,i have seen disabled people struggle to get on the bus because it has to stop in the road to pick up passengers,this then causes traffic to queue,if it was just the odd car now and again i guess it would not be a major issue but im afraid in most cases the illegal parking continues throughout the day
fedupwithjobsworths
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5:24pm Thu 6 Aug 09
Perry_Winkle
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5:37pm Thu 6 Aug 09
West Howe Sean
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5:40pm Thu 6 Aug 09
Rossi 27
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6:06pm Thu 6 Aug 09
glennzilla
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6:26pm Thu 6 Aug 09
Trifecta
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6:37pm Thu 6 Aug 09
Mike Pickering wrote:Sorry about the massive quote Mike but there is no way to edit, your first paragraph is wrong, at least in this case. The shop involved is one of the revolting Co-Op convenience stores that seem to exist purely for the local teenagers to stock up on cheap cigarettes and 7.5% cider.
The truth is that the maintenance of commerce in the area demands that allowances are made for an amount of parking in an around shops - without people being able to pull up and 'pop in' to local places, they would die, and we would all be up in arms about 'the death of the corner shop'.. 99 times out of a 100, the very short term parking offences cause no real safety or access problems - they might garner a quick 'tut' from someone who has to go round, or wait a few seconds for traffic to pass, but that's life: we have to allow for the fact that there are other people in the world, and sometimes move around or wait for them. If every currently designated no-parking-no-waitin g-no-nothing area were somehow magically and automatically enforced, most of the little shops would just dry up and disappear. There does need to be clearly marked, convenient ample parking provision made near shops - they provide a public service. Why do 5 people on a bus (a privately owned business operation) every 20 minutes have any more right to use the section of highway outside a parade of shops, than the customers of those shops ? People always complain when there's someone 'in their way'; well guess what - it's not YOUR way, it's all of our way, and as you should have been taught when you were a kid, you sometimes have to go round people or wait. If you were in that much of a hurry to get someone before I got there, maybe you should have left earlier - now just wait there for 2 minutes while I pop in to get my paper.
Zzzz
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6:46pm Thu 6 Aug 09
Mike Pickering
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9:12pm Thu 6 Aug 09
cooperman
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5:51am Fri 7 Aug 09
BIGTONE
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6:18am Fri 7 Aug 09
collarge
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11:09am Fri 7 Aug 09
Rossi 27
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11:54am Fri 7 Aug 09
collarge wrote:If being honest and sensible is dull then I hope that there are many more "dull" people around than mindless M####s like you.Its not compulsary to read the posts
I am fed up of seeing these posts and seeing Mr Boring cooperman, make his comments. He must work for the council, no normal person could be that dull.
yelhsawm
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12:41pm Fri 7 Aug 09
ShaneCulwick
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1:58pm Fri 7 Aug 09
cooperman
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2:04pm Fri 7 Aug 09
Rossi 27 wrote:thanks,you are quite right - it seems that unless you have the same oppinion as collarge that you cant be right.well at least i have got an oppinion
collarge wrote:If being honest and sensible is dull then I hope that there are many more "dull" people around than mindless M####s like you.Its not compulsary to read the posts
I am fed up of seeing these posts and seeing Mr Boring cooperman, make his comments. He must work for the council, no normal person could be that dull.
tuckton693
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8:59pm Fri 7 Aug 09
tuckton693
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9:03pm Fri 7 Aug 09
tuckton693 wrote:Excuse me i in fact meant to say "traffic from the Right"
The Tuckton C0-OP has its own car park at the rear! So why park in the bus stop as so many do? It actually becomes such a danger for honest people parking at the rear who try to pull out as you cannot see traffic coming from the left. Im glad the ticket was issued in this case as ive had a very close call with my baby in the rear due to irresponsible parking at this bus stop. Blue Badges have rules as well. I hope an example is made of you if you appeal!
Mike Pickering
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10:19pm Fri 7 Aug 09
poolebabe
says...
9:32am Sun 9 Aug 09
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cooperman says...
7:53am Thu 6 Aug 09