Cheeky westminster parking

Got a parking ticket this morning - first ticket in over a year.

Have been keeping my bike covered & the cover cable-locked to the wheels - not to avoid the parking, but mostly for security.
The fact that they werent able to ticket my bike was an added bonus (I got 4 tickets in as many weeks over a year ago, despite the fact I had a parking permit - those stopped when I kept the cover on).

The interesting thing was this morning I found the cover had been pulled right up to expose the number plate & a ticket affixed to the number plate. In order to do that they must have lifted the bike, rotated the wheel and stretched the cover & cable lock to its limit. Would have taken a bit of effort & it naturally set the alarm off (didnt hear it as I was in the shower).

I seem to remember that they werent allowed to do this - touch any cover. Has that changed recently? (I seem to remember some significant changes in regulations late last year)

a new law had been passed a while ago where they are allowed to uncover license plates :ermm:

The London Local Authorities and Transport for London Act 2008 now specifically allows Civil Enforcement Officers (Parking Attendants) to remove any obstacle obscuring your Vehicle Registration (VRN) without being liable for any damage caused in so doing so (provided the act was not done in bad faith, without due care or in contravention of the Human Rights Act)(Updated 9 Sep 08)

Section 9 of the London Local Authorities and Transport for London Act 2008 reads as follows:

**
9 Obscured registration marks**

(1) An authorised officer of a London Authority or a parking attendant acting in the course of his duties as such may remove anything which obscures a registration mark or any part of a registration mark fixed on a vehicle.

(2) None of the persons mentioned in subsection (3) below is to have any liability to any other person for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of the power under subsection (1) above.

(3) Those persons are a borough council, Transport for London, any employee of a borough council or Transport for London, and any authorised officer, parking attendant or person by whom a parking attendant is employed.

(4) Subsection (2) above does not apply—

(a) if the act or omission is shown to have been in bad faith;

(b) to liability arising out of a failure to exercise due care and attention;

© so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).

(5) Subsection (2) above is without prejudice to any other exemption from liability (whether at common law or otherwise).

(6) Any person who intentionally obstructs any authorised officer acting in the exercise of his powers under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this section—

  • “authorised officer”, in relation to a London authority, means—
  • (a) any employee of that authority;
  • (b) any person by whom, in pursuance of arrangements made with the authority, any functions
  • under this section fall to be discharged; or
  • © any employee of any such person,
  • who is authorised in writing by the authority to act in relation to this section;
  • “parking attendant” has the same meaning as in section 82(1) of the 1991 Act;
  • “registration mark” means a registration mark assigned to a vehicle by the Secretary of State
    under section 23 of the Vehicle Excise and Registration Act 1994 (c. 22).

tough luck. They probably think “he bends the law, so can we …”

As far as I understand while the parking wardens aren’t allowed, the police can and can ask for a vehicle to be removed if it isn’t showing a numberplate.

See the post above yours mate, they can and as has been found out to Mooky’s cost, they will.

remove any obstacle obscuring your Vehicle Registration (VRN) without being liable for any damage caused in so doing so (provided the act was not done in bad faith, without due care or in contravention of the Human Rights Act)

Hrm, what does that mean exactly? Can they cut my cover or locks? Anyone have a legal interpretation of that statement?

Todays ticket is a fair cop. I was actually parked just outside the residential bay (closer to the power-pole, easier to chain and I havent had to fight for space with the cars there)

The problem I have is that I want to keep my bike covered & locked for security reasons. How do I do that and not give them an excuse to damage my bike/cover when legally parking within the bay?

It also looks like I will have to find some way of attaching my parking permit to the number-plate - because if they are going to go to the effort of uncovering the plate, they will happily give me a ticket if they dont see the parking permit (theyre certainly not going to uncover any other part of the bike to find that.

ive seen a couple of bikecovers that have the bikes license plate written on them :wink:

not sure if it is their own number though :ermm: :Whistling: :w00t:

Yep. Sorry. Got out of sync, the post wasn’t up when I wrote my response.
Anyway, my point was it doesn’t really matter, legally you must display a tax disc and number plate, if you don’t, then don’t moan when you get a fine. It could be worse, they could have taken the bike away, so I’m glad they do take the cover up rather than call the recovery truck.

I live in Westminster also and it go so annoying i have had to mount my parking disc on my plate to stop them pulling the covers off !

They tore through one of those cheapo plastic ones when I had a ped , but obviously couldnt prove anything.

I complained that the ticket was unfair as I have a paid up permit , and they threw the old , " permit must be visible " line at me.

Tried to explain it was a bike , winter and therefore covered but still ended up 60 notes light !

So what if you had a removable number plate* which you happened to remove every night?

Or a lockable number plate cover*

*Copyright BlueLagos - I want my half of the millions if anyone does go for it!

You would probably find that your bike was lifted and taken to the Police pound so they could identify it.

Then you’d get a nice fine and fees

They would have to cut the Almax chain(s) to remove my bike …
Or the lamp-post. :slight_smile:

[/quote]
]It also looks like I will have to find some way of attaching my parking permit to the number-plate - because if they are going to go to the effort of uncovering the plate, they will happily give me a ticket if they dont see the parking permit (theyre certainly not going to uncover any other part of the bike to find that.
[/quote]

What parking permit?? I park in Westminster and pay monthly by phone… they just need the plate number to check it - didn’t know they gave out parking permits unless you are referring to a residents’ permit?

Either way up they’re bastards Qx

Res permit for me.

Brace yourselves folks. This is going to spread this and next year from what my lovely parking manager tells me.

She thinks it’s all cr*p and more agro/cost than it’s worth, but has to do a paper to the local councilor who will ignore the problems and vote in bike parking charges.

She also reckons we will be one of the last boroughsto go this route.

Yes, residents permit.

Can you custom your cover so that you have clear plastic areas for the plate and permit?

I would imagine if not, this will happen continously. Now the theiving scum wardens know about your bike, it’ll be targeted for an ‘easy’ ticket.

When you look at the figures from Westminster it’s not a surprise that other councils are looking at introducing the charge.

So far they have made £2.3 million from a one off investment of £300,000

If one council leads others will follow:angry:

.

.

.

.

Maybe. Not easily. (And the clear bit will be the first bit to weather & fail.)

Kin ell!