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Old 06-09-05, 11:54 AM   #1
Kate
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Default Parking in London

Can someone clarify for me what can happen if you park on the pavement with your numberplate and tax disc covered up. I was under the impression parking wardens can't touch the bike so they aren't able to issue you a ticket.

I've been told (by a non-biker) that apparently there are now 'packs' of wardens who just remove the bikes nowadays. This is Westminster so I wouldn't put it past them.
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Old 06-09-05, 11:58 AM   #2
NAPA121
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I work in St James Park and there are a few bikes parked with the number plates covered and wondered how effective it is so I asked a traffic warden.

He said that only supervising traffic wardens accompanied by the police can legally remove the cover.

They generally dont bother unless someone is being extremely inconsiderate and parking in the way of something.

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Old 06-09-05, 12:02 PM   #3
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As I understand it (from a conversation with a police officer in Soho a few weeks ago) it's still the case that traffic wardens have no legal right to remove a covered plate. Though of course it's an offence in itself and the police can quite happily do this off their own bat or at the request of a traffic warden. You of course run the risk being prosecuted for covering up your plate should the officer at the scene decide to do so, which is why I only ever cover my plate in Soho if I'm by the bike.


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Old 06-09-05, 12:27 PM   #4
Noufy
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There are qite a few bikes/scooters with ther No Plates covered and on pavement here in Mayfair. As already mentioned only police can "touch" your bike, they can also remove it. While they don't seem too bothered (wradens and police) I woudln't risk it in Westminster.

I have also done it a few times, not on pavement but on yellow line in a mews. And on the 3/4 th day I had a police car come up to me and ask me not to do it as they will remove the bike. Mind you it was behind an embassy.
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Old 06-09-05, 12:46 PM   #5
argatxa
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I would not play with the westminster wardens..... they are fast as lightning.... and they take the ****...

At the beginning I played with ilegal parking, but after a hefty sum paid in parking fines and one in a bus lane (ggrrrrr) I will stick to the available places.... Westminster has loads of room, so you don't have to walk too much from one to work.

Not again (I hope!!)
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Old 06-09-05, 12:51 PM   #6
lynw
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er.. hate to say this but Westminster changed their by-laws allowing wardens to be able to remove anything blocking a plate...

as follows:

Quote:
FOOTWAY / PAVEMENT PARKING
Pavement Lights:
Some key information:

• Parking on a footway is prohibited for any motor vehicles.

• Most 'Pavement Lights' and small sections of land immediately adjacent to a building are designated to be part of the footway and thus motorcycles parked here are not immune to parking fines (There has traditionally been some leeway given to motorcyclist who park on these areas but this is now diminishing).

Knowing whether the area is so designated (as part of the footway) is becoming less complex as adjudicators find in favour of councils (who normally say that the footway extends right up to the edge of the building). The deciding factor is whether the public have historically had right of way over the land (i.e. to browse in a shop window). If there is a physical barrier preventing such right of way, bikers should be able to park (with the permission of the land owners) without fear of being issued with a PCN. Where no barrier is present then this area is normally deemed to be part of the footway and motorcycles risk being ticketed.

A note in the City of Westminster Enforcement Protocol - Section 6 Footway Parking - published March 2005 defines a footway as 'any part of an urban road over which the public have right of access on foot and includes private land, crossovers and pavement lights etc unless a physical barrier prevents access (it does not include footpaths or private roads)'.

One point to be aware of is that under the Highways Act 1885 and the Road Traffic Act 1988, it is an offence to drive a vehicle over a footway (unless the action is permissible - normally a drop-curb will have been put in place), so even if you do find a section of land which is not part of the footway, you may still find a ticket on your motorcycle when you return (not a parking ticket but one reflecting your driving over the footway contravention). One current loophole is that it seems to be that you have not contravened either Act if you push your motorcycle!); however the key issue of finding a section of land which is not part of the footway still remains...

So, whether bikers can park on pavement lights or open forecourts is primarily dependent on whether pedestrians have traditionally had a right of way over such areas. For a more indepth information on this issue click through to www.parkingticket.co.uk

Covering your Vehicle Registration Number (VRN) and tax disc

As noted in Parking Ticket News June 2003, under the Vehicle Excise and Registration Act 1994 it is an offence to either fail to display a vehicle excise duty disc or obscure a vehicle's registration number (VRN). This offence can currently only be dealt with by the Police and Traffic Wardens (who have the power to check for tax disc violations). In the event of non-compliance, you may receive a ticket (issued by the Police or Traffic Warden), or as a worse case scenario, your vehicle could be clamped or towed. Councils have however, asked for an amendment to be made to the Local Authorities Act to allow Parking Attendants to lift covers / remove obstructions to view VRN and tax disc details....... Note made 5 January 2005

This said, the notion that motorcycles parked with their VRNs and Tax Discs covered / removed should not receive Penalty Charge Notices (PCNs) from Parking Attendants (employed by the council and are distinguished by a blue hat band) is now in question: Westminster Council for instance, currently issue their Parking Supervisors with cameras and authorise them to lift the cover / remove the obstruction (plastic bag etc) to issue and affix the PCN. Interestingly, as of 6 January 2005 no biker had tried to appeal against a PCN issued in this manner. Also, be aware that from March 2005, all Westminster Council Parking Attendants have been issued with an 'all singing, all dancing' handheld 'ticket issuer' which has a gps system and a camera to allow the parking offence to be photographed and the exact location of the contravention to be given. From now on, all Parking Attendants in Westminster will issue tickets to covered / obstructed motorcycles....

A note in the City of Westminster Enforcement Protocol - Section 6 Footway Parking - Published March 2005 states that 'Parking Attendants can and should remove the covers from vehicles to take enforcement action. Full notes to be made'.

In Camden, following advice from the Met Police, Parking Attendants will also remove obstructions (provided in doing so they do not damage the vehicle).

Note that obstructions (plastic bags / card / covers) are now being removed by the Police as a norm as they patrol their area. They remove the obstruction but leave the Parking Attendant or Traffic Warden to issue a ticket.
As per http://www.motorcycleparking.com/, tips and the bits on pavement parking and covering plates. hth.
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Old 06-09-05, 12:59 PM   #7
argatxa
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ouch!!!

thanks a lot for the update and the link Miss Lynw !!!
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Old 06-09-05, 01:12 PM   #8
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Yes but I don't believe that to be legal, it's Westminster council abusing the law by the looks of it.


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Old 06-09-05, 01:22 PM   #9
Noufy
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Also, top tip for parking in Westminster


1. A warden HAS to give a 3 minute grace preiod before issuing a ticket, eg expired time at meter, or when he first sees an offence.


2. If you come back to your vehicle and you move before the warden has issued the ticket, he/she MUST cancel it. As if he proceeds to issuinh oit he would be issuing a ticket for an offence that's "not there".


And I have personally confirmed this with the council as we used to get lots of tickets like this at the office, now we challenge all of them and most are cancelled.
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Old 06-09-05, 01:24 PM   #10
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But you try fighting a ticket that's been issued - it's their word against yours and as with a police officer unless you have an independent witness you're stymied.


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