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Potential Court Appearance for Parking on the Grass? - Mark Donkin

With the very limited forms of entertainment due to Covid restrictions I thought it would be nice to go to the local park with my Family to celebrate the little one's second birthday.

As is often the case with Otterspool Promenade/Park it was choker with cars. I spotted a space on the verge free up next to another car so felt fortunate and pulled in thinking nothing of it.

Having had a fun but cold run around the park we returned to the the car. I was shocked to see a parking ticket.. Only it wasn't a parking ticket. It was a NIP stating "you may be prosecuted for the offence through the Magistrates Court". It says I can make representations within 14 days. It also says the fine can be up to Level 2 (£500).

If it had been a parking ticket I would have been annoyed and probably paid it having learned a lesson. I genuinely didn't know I was doing anything wrong. Having lived in the area for 5 years people do it literally every weekend. Some people pull right onto the grass in the summer with camper vans etc and have BBQ's. There is not a single sign anywhere saying not to do it.

Am I really going to have to go to court over the crime of "car parked on grass"? Do the issuing officers not understand that we have a lot more going on in our lives than having to worry about an potential court appearance?

Should I contact them saying that there were no signs therefore I did not know I had broken the law?

Please see below for image of the heinous crime. Any advice or similar experiences/outcomes would be most appreciated.

imgur.com/gallery/U0PCjeF

Edited by Mark Donkin on 07/03/2021 at 19:28

Potential Court Appearance for Parking on the Grass? - sammy1

Possibly nothing to do with parking on the grass, more like taking an unnecessary journey in your car?

Potential Court Appearance for Parking on the Grass? - daveyjp

Unlikely to be for an unecessary journey as there is no evidence just from a parked car.

As its an NIP I assume its a Council ticket. Is the land Council owned? If so there may be byelaws in place preventing access by vehicle.

If you are going to appeal you will need a better reason than "it was busy and other people do it all the time".

Potential Court Appearance for Parking on the Grass? - Bromptonaut

Presumably the the NIP specifies the law you have allegedly contravened?

So what does it say?

Edited by Bromptonaut on 07/03/2021 at 22:02

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Here is the NIP in full:

imgur.com/gallery/f5l4jjb

Potential Court Appearance for Parking on the Grass? - Mark Donkin

I've looked up 9.1 and it states:

No person who brings a vehicle into the Ground shall wheel or station it over or upon:-

(i) any flow bed, shrub or plant or any ground in course of preparation as a flow bed, or for the growth of any tree, shrub or plant;

Well as you can see from the photo i'm not on a flow bed or shrub. I guess grass could technically be classed as a plant??

Seriously though court? Over this?

As stated in my OP if there was a fixed penalty i'd have paid it. £500 though???

Potential Court Appearance for Parking on the Grass? - Bromptonaut

As its an NIP I assume its a Council ticket. Is the land Council owned? If so there may be byelaws in place preventing access by vehicle.

If it's issued by the Council for parking it's not likely to involve prosecution. Council tickets are subject to appeal to a Tribunal and enforcement is through a civil process.

Potential Court Appearance for Parking on the Grass? - daveyjp

The mention of level 2 fine suggests this is more than a parking offence dealt with under the parking enforcement regime, hence my referral to byelaws as these can be dealt with at Court.

Edited by daveyjp on 07/03/2021 at 22:11

Potential Court Appearance for Parking on the Grass? - focussed

What a petty, vindictive country the UK is has become.

What offence has been committed? You parked off the road to avoid obstructing the road, causing no harm to anyone.

Aha! - refusing to obey the "Keep off the Grass" signs which have of course been vandalised or stolen by the local scallies!

I know I keep banging on about the differences between the UK and France but here the Code de la Route specifies that if you stop you must pull off the road, anywhere will do - car park, parking space outside houses, farm gateway, gravel layby. at the side of rural roads etc

Potential Court Appearance for Parking on the Grass? - skidpan

What a petty, vindictive country the UK is has become.

What offence has been committed? You parked off the road to avoid obstructing the road, causing no harm to anyone.

Aha! - refusing to obey the "Keep off the Grass" signs which have of course been vandalised or stolen by the local scallies!

I know I keep banging on about the differences between the UK and France but here the Code de la Route specifies that if you stop you must pull off the road, anywhere will do - car park, parking space outside houses, farm gateway, gravel layby. at the side of rural roads etc

You cannot allow people to park just anywhere, there has to be rules. Just imagine what would happen on a bank holiday at a busy tourist destination if ad-hok parking was allowed.

The OP has parked illegally, so pay the fine, move on and learn.

Potential Court Appearance for Parking on the Grass? - Middleman

Can you look at the ticket and tell us what offence is alleged?

As mentioned, parking offences are "decriminalised" and so generally are not eligible to be settled in the Magistrates' Court. Other offences which may apply (such as driving on the footpath) require the driver's details to be obtained before action can be taken.

It is not likely to be a matter connected with the Covid regulations. Offences such as leaving home without a reasonable excuse have to be witnessed and in any case they don't know who was in the car or what they were outside of home for.

Potential Court Appearance for Parking on the Grass? - Bromptonaut

The OP has parked illegally, so pay the fine, move on and learn.

A bit of leg work on Google Street View takes us to what looks like the "Scene of Crime":

goo.gl/maps/4vdWxtaGJyATJcn87

No spaces in the car parks so just dump your car on the park's grass. Apart from the recipe for chaos when anybody/everybody does this the damage to grass from previous incursions is evident in the OP's Imgur image.

No doubt a breach of the park regulations hence the FPN. Does it really need a sign every 50 metres to state the bloomin obvious; parking on the park is anti-social and damaging.

Could the OP by any chance have parked nearer Aigburth road and walked the extra half mile with the toddler in a push chair?

Alternatively Liverpool has public transport that would be the envy of many other places.

Although the document is phrased as a threat of prosecution I'd expect there to be an opportunity to avoid that process by paying a Fixed Penalty. Given the OP's own photograph shows the situation I don't see an obvious defence.

Edited by Bromptonaut on 08/03/2021 at 10:27

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Thanks for the legwork.. As stated there is not a single sign, it's far from obvious as parking where I did is common practice. People pull on to the field with Campers and BBQ's regularly and often overnight. The police do not move them on.

The OP tries to avoid a pram where possible at the moment as we are cooped up in the house a lot and the exercise is good for her. As it looked like rain on this occasion we drove the usually 15 min walk incase we got caught in it.

I don't need to use public transport as the park is too close.

I'll post the images of the NIP shortly. No fixed penalty mentioned.

Potential Court Appearance for Parking on the Grass? - Mark Donkin

How do you know it was illegally? There were no double yellow lines? There were no signs. Many people do it? I'm assuming it was council owned land.

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Full NIP here:

imgur.com/gallery/f5l4jjb

Potential Court Appearance for Parking on the Grass? - daveyjp

So it is a ticket for a byelaw offence. The offence code is given so you can look it up.

Potential Court Appearance for Parking on the Grass? - Mark Donkin

No person who brings a vehicle into the Ground shall wheel or station it over or upon:-

(i) any flow bed, shrub or plant or any ground in course of preparation as a flow bed, or for the growth of any tree, shrub or plant;

Well as you can see from the photo i'm not on a flow bed or shrub. I guess grass could technically be classed as a plant?? Seriously court for this??

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Possibly nothing to do with parking on the grass, more like taking an unnecessary journey in your car?

Taking my daughter to the local park on her birthday to excersis? No I dont think so.

We took the car despite it being a 15min walk as it looked like rain and didn't fancy getting caught in it.

Potential Court Appearance for Parking on the Grass? - Bromptonaut

Got it now, breach of the park bylaws. Like any other infraction of low level laws it's triable by the Magistrates. Could be a lay bench, i.e. citizen volunteers, or a legally qualified District Judge. In an ideal world they'd go to a less formal Tribunal with fines enforced through a civil process like on Council Car Parks or yellow line infringements. But we're not (yet) in an ideal world.

The Mags. Courts were bursting at the seams before COVID and will be busier now. I suspect that, in practice, they will trace you via your car's registration and offer some sort of informal resolution. The NIP refers to a conditional caution; in effect don't do it again. If you do they can go after you for both infringements.

Obviously, if you're sufficiently convinced of your case, you can refuse informal resolution and have your day in court. However, if you do that and lose then the level 2 fine with costs etc will dent your wallet pretty seriously.

A request for appeal, as set out on the NIP, is an early option to get it looked at. Stick to the facts eg whether you meet reg 9(1) or the adequacy of signage.

You may however find that the notices being distributed yesterday were a shot over your bows and the matter will go no further.

Edited by Bromptonaut on 08/03/2021 at 13:02

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Thank you for your useful response. It has put my mind as ease somewhat.

I'm in two minds. 9.1 reads like it's aimed at people who park on flow beds or damage shrubs etc which I 100% did and would not do. However strictly speaking grass is a plant. If there was a sign even a single one I would not even be posting here.

Do I appeal and potentially bring it to people's attention sooner and escalate it? Or do I ignore it and it may go away? Either way we are all under varying degrees of stress right now and I really don't want the potential of a £500+ fine hanging over my head.

Is the caution a police caution or something else? I've never broken the law and really don't want a caution next to my name for parking on some grass.

Potential Court Appearance for Parking on the Grass? - Bromptonaut

I'm in two minds. 9.1 reads like it's aimed at people who park on flow beds or damage shrubs etc which I 100% did and would not do. However strictly speaking grass is a plant. If there was a sign even a single one I would not even be posting here.

If I was the parks officer issuing a penalty there I might have thought 9.2 more appropriate. Assuming of course there's a sign at some point making clear parking is only permitted in marked spaces. Something at the park entrance would be enough. It's drawing your attention to the law but ignorance is no defence.

Not the same principle as Parking on Private Land where a contract is deemed to be made.

Do I appeal and potentially bring it to people's attention sooner and escalate it? Or do I ignore it and it may go away? Either way we are all under varying degrees of stress right now and I really don't want the potential of a £500+ fine hanging over my head.

Either way bet I think. On the one hand if successful a plea to the Council means it's gone. On the other, as Middleman (who's knowledge I'd bow to on these matters) says, doing so is in effect an admission. Looking at the NIP I'm left wondering if it really needs an 'offender' to be named, or at least described. Maybe it's a warning shot and you'll hear nothing more.

If you do get something more when they get your details form DVLA then come back here and we can discuss further.

Is the caution a police caution or something else? I've never broken the law and really don't want a caution next to my name for parking on some grass.

I suspect it's not the same thing as a Police caution but you'd need specific advice on that. The legislation they're relying on will be clearer if a further notice is issued.

While nobody wants a caution they're spent pretty quickly and the fact my son had one for possession of weed (caught spliff in hand about a mile from Otty Prom) didn't stop the Home Office employing him.

Potential Court Appearance for Parking on the Grass? - daveyjp

Good summary by Bromptonaut.

OP don't assume the 9.1 code on the ticket relates to clause 9 (i) of the Byelaws.

Edited by daveyjp on 08/03/2021 at 13:09

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Can you please elaborate?

I've looked up the relevant section of "Pleasure Ground Parks and Open Spaces Byelaws 1992. (Insert Code)" section where the officer has filled in 9.1.

There's photo's of both sides of the NIP in the thread.

Potential Court Appearance for Parking on the Grass? - bathtub tom
Should I contact them saying that there were no signs therefore I did not know I had broken the law?

Do you have a garden laid to lawn? Do you have signs up prohibiting other people parking on it?

Potential Court Appearance for Parking on the Grass? - Mark Donkin
Should I contact them saying that there were no signs therefore I did not know I had broken the law?

Do you have a garden laid to lawn? Do you have signs up prohibiting other people parking on it?

If I did it would be behind a wall. Do people regularly pull onto people's private houses lawns? No they don't.Ever used an overflow car park? Yup usually on grass.

You're being pedantic and you know you are.

Potential Court Appearance for Parking on the Grass? - Middleman

You can be a little more pedantic than that, actually (and it may well do you some good).

What proof do they have that you were the person who "brought the vehicle into the ground" or "wheeled it over any flower bed, shrub or plant or any Ground in course of preparation as a flower bed, or for the growth of any tree, shrub or plant"? Were you spoken to at the time and were your details taken? Or did you just return to your car and find the notice?

Potential Court Appearance for Parking on the Grass? - Mark Donkin

I returned to the car and it was on my windscreen in the usual plastic bag you get with parking notices.

Do you know what else is a plant... moss. I'd wager everyone here has parked on moss in a park. Technically speaking according to that byelaw you could end up in the magistrates court for such an act.

Potential Court Appearance for Parking on the Grass? - Middleman

I returned to the car and it was on my windscreen in the usual plastic bag you get with parking notices.

Then I think you need to concentrate on the fact that they have no proof who committed the offence. Unlike many decriminalised parking offences (where the liability rests with the Registered Keeper) the bylaw that has been quoted clearly relies on the driver being identified. All they know (or can readily find out) is who the Registered Keeper of your car is.

OP don't assume the 9.1 code on the ticket relates to clause 9 (i) of the Byelaws.

What else would it apply to? It fits the bill perfectly for the alleged offence.

Should I contact them saying that there were no signs therefore I did not know I had broken the law?

The lack of signs will not afford you a defence. But I would not enter into any correspondence with them at this stage. Apart from anything else they don't know who you are and they certainly don't know that you were the person who allegedly committed the offence.

Edited by Middleman on 08/03/2021 at 14:22

Potential Court Appearance for Parking on the Grass? - Gerry Sanderson

Ticket issued by Liverpool City Council

either phone or politely write to them to find out what the infringement was.

dvd

Potential Court Appearance for Parking on the Grass? - Middleman

I think the OP knows what the infringement was.

The bigger question is who are they going to prosecute and what evidence do they have that an offence has been committed by that person.

Gerry, was there anything else apart from the NIP in the envelope?

Potential Court Appearance for Parking on the Grass? - Mark Donkin

No just the NIP.

Potential Court Appearance for Parking on the Grass? - sammy1

IF the OP's car was in the park what was it doing there? As far as I am aware you are NOT allowed to drive for exercise. Some councils have closed car parks to help prevent just this

Potential Court Appearance for Parking on the Grass? - skidpan

IF the OP's car was in the park what was it doing there? As far as I am aware you are NOT allowed to drive for exercise. Some councils have closed car parks to help prevent just this

I walked through our local park yesterday late pm, it was like Skegness on a bank holiday. Car park full, no one with masks on all standing close up chatting. Kids running feral in the play area. Huge queue at the ice cream waggon all with no masks and no social distancing.

As I said this was late, what was it like earlier.

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Kids running feral in a play area? Do you realise what you are typing or how that comes off?

It's a play area where else would you like the children to run around? Some people including myself do not have a garden. This is one of the few places they can run around without the risk of stepping in dog feces.

Potential Court Appearance for Parking on the Grass? - Bromptonaut

IF the OP's car was in the park what was it doing there? As far as I am aware you are NOT allowed to drive for exercise.

AIUI you can in England although you should stay local. I think the OP complied with that.

In Wales you cannot. My daughter is not allowed to drive with her dog to it's favourite beach to run around. Her dog walker, doing so in the course of their profession, is allowed to drive to the coast - only a handful of miles.

Potential Court Appearance for Parking on the Grass? - Middleman

IF the OP's car was in the park what was it doing there? As far as I am aware you are NOT allowed to drive for exercise. Some councils have closed car parks to help prevent just this

He is not being threatened with prosecution under the Covid legislation.

No just the NIP.

So you have no indication that you (or whoever was driving) may be offered a fixed penalty and no indication about what might happen next (apart from the threat of prosecution). The NIP clearly expects whoever served it to have spoken to the driver. There are sections which begin "I spoke to....." and "Who admitted he/she was the driver of the vehicle and/or responsible for the offence...." There is a space for any reply made after being cautioned. All of these are marked "N/A"

Quite honestly, they have not a cat in Hell's chance of securing a conviction for this alleged offence. They don't know who was driving the car and unless you tell them (which you have no obligation to do) they never will. The back of the NIP has a heading "Information about the Road Traffic Act" when the following text provides no such thing. It prattles on about "appeals" and gives you instructions to contact its appeals department when you are being threatened with a criminal conviction (against which any appeal would be heard in the Crown Court). I don't know why they issued a NIP at all as it is not legally required. It is a completely amateurish attempt to fool you into believing that criminal proceedings will be taken against you.

I would file your NIP in "pending" for a couple of months and if they do contact you as the Registered Keeper suggesting that further action is likely I would ask them to explain who they intend to take proceedings against, why, and most importantly on the basis on what evidence.

Edited by Middleman on 08/03/2021 at 17:03

Potential Court Appearance for Parking on the Grass? - Bromptonaut

I would endorse Middleman's views on both prospect of conviction and the failings in the issue/completion of the NIP.

He is right about Appeals in that the route by which to appeal a Magistrates conviction is the Crown Court.

I suspect the Council are using the term in a more general sense of offering an 'administrative review' of whether issue of the NIP was justified. Such a review might result in a simple decision to not proceed or might provide submissions that would be relevant to a decision to proceed to a Summons.

Wait, see. Do nothing unless you receive correspondence which presumably would follow them getting Keeper Info from DVLA.

If that happens return to this thread.

Potential Court Appearance for Parking on the Grass? - Mark Donkin

I really appreciate your response. Thanks for the good advice.

Potential Court Appearance for Parking on the Grass? - Mark Donkin

Before commenting in the future perhaps you should check your facts. As far as I am aware Liverpool is not Wales. I could have walked the 15 mins to the park quite easily but as it looked like rain we decided to drive. Of course you'd know that if you'd read the thread rather than rushing down here to cast your irrelevant reply.

These are some tough times we're going through. Its nice to be nice.

Potential Court Appearance for Parking on the Grass? - sammy1

Having read what I wrote you will see the comments are all question marks???. You have no idea why you have been fined and neither has anyone else on here. I was just giving a suggestion. People in England, I think Liverpool is there next to Wales, have been stopped travelling in their cars because of lockdown. Why don't you just ask the issuing authority and politely inform the rest of us, you are the one with the ticket

Potential Court Appearance for Parking on the Grass? - Middleman

You have no idea why you have been fined and neither has anyone else on here.

He hasn't been fined.

That aside, I think we do know why he received the notice and it has nothing to do with Covid regulations. This is for two reasons:

1. The relevant legislation is quoted on the notice.

2. The Covid legislation you are thinking of (leaving home without a reasonable excuse) has to be directed to a specific named individual and it cannot be enforced by means of a NIP stuck on a car windscreen like a parking ticket. (Neither can the legislation he is accused of breaking for that matter).

As entertaining as castigating the OP might be to some in the current climate, it does nothing to help him with the problem he has.

Edited by Middleman on 08/03/2021 at 20:46

Potential Court Appearance for Parking on the Grass? - concrete

As entertaining as castigating the OP might be to some in the current climate, it does nothing to help him with the problem he has.

Quite right Middleman. If due process is in play then surely the OP has to await a formal letter to outline what action or not, is to be taken. I also thought that thanks to the so called 'Freedom Act' way back in 2009??, championed by the lugubrious Phillip Hammond, the owner/keeper of the vehicle is deemed liable unless he provides information about who was in charge of the vehicle at the time of the alleged offence.

Let us hope what Bromptonaut so clearly laid out is the outcome. A possible warning not to infringe again. But if it does go to the Magistrates Court then I think the OP has little chance of victory. Pity for what seems such a minor offence. No excuse I know, but when other cars are parked it seems a fair assumption that it is safe to do so.

Cheers Concrete

Potential Court Appearance for Parking on the Grass? - Middleman

I also thought that thanks to the so called 'Freedom Act' way back in 2009??, championed by the lugubrious Phillip Hammond, the owner/keeper of the vehicle is deemed liable unless he provides information about who was in charge of the vehicle at the time of the alleged offence.

Not as far as I know. It doesn't apply to speeding or any other offence which involves driving. No speeding prosecution can succeed if the driver is not identified. This offence involves driving. The notice the OP has received includes a space for confirmation of who was driving.

Potential Court Appearance for Parking on the Grass? - sammy1

Let us hope what Bromptonaut so clearly laid out is the outcome. A possible warning not to infringe again. But if it does go to the Magistrates Court then I think the OP has little chance of victory. Pity for what seems such a minor offence. No excuse I know, but when other cars are parked it seems a fair assumption that it is safe to do so.

When other cars are parked it is a fair assumption that you will be fined as well unless you are sensible enough to check

Not as far as I know. It doesn't apply to speeding or any other offence which involves driving. No speeding prosecution can succeed if the driver is not identified. This offence involves driving. The notice the OP has received includes a space for confirmation of who was driving

How does this apply to being caught by speed camera. As I understand it failure to identify the driver is an offence and very difficult to get away with, cases have even proceeded to" perverting the course of justice"

With regard to the original ticket >In England you are told to stay at home and only travel if necessary. I do not consider that driving to the park is in the spirit of the rules most of us are adhering to, looking like rain or not.

Potential Court Appearance for Parking on the Grass? - Bromptonaut

@Sammy1

I'm struggling to get your points.

The OP has been given a Notice of Intended Prosecution for breaching Liverpool Council's rules in one of its parks. Just like breaking school rules the fact that others appear, or have in the past appeared, to flout those rules is neither here nor there.

Some motoring offences, including speed camera 'snaps' REQUIRE the keeper to identify the driver unless unable to do so. Proving inability is a high and flaming hoop to jump. Rightly so given the opportunities otherwise offered.

As regards the red herring of necessary travel during the pandemic, I don't think there's a case. This took place within a mile or so of my son's home; I know the territory. A short drive to Otty Prom, irrespective of weather, is consistent with the spirit of staying local. I'd have walked, weather or not, but maybe not 23 years ago when The Lad, now living with his partner on Aigburth Road, was a toddler.

Potential Court Appearance for Parking on the Grass? - sammy1

Bromptonaut

Not difficult

First bit refers to Concrete and referring to parking like a lemming like everyone else

Second bit refers to Brompton's comments on driver disclosure

Third bit That's me I don't need to know the geography just the principle of lockdown.

Potential Court Appearance for Parking on the Grass? - Middleman

"But if it does go to the Magistrates Court then I think the OP has little chance of victory."

The offence is one involving “driving”. So how will they prove who was driving?

"How does this apply to being caught by speed camera. As I understand it failure to identify the driver is an offence and very difficult to get away with, cases have even proceeded to" perverting the course of justice" "

He hasn’t been asked to identify the driver. In fact he hasn’t been asked anything at all. The Council has no powers to compel him to provide the driver’s details. They cannot issue a S172 request (as is done with speeding) so he cannot face a charge for failing to provide those details. What I said earlier was that a driver cannot be convicted of speeding unless there is evidence that he was driving. A person issued with a S172 notice can still be charged with failing to provide the driver’s details. Similarly this OP cannot be convicted of this bylaw offence unless there is evidence he was driving. The difference is the Council has no means of finding out who was.

Incidentally, cases that progress o Perverting the Course of Justice only do so when false information is deliberately provided in order to avoid conviction for the underlying offence. Simply refusing or neglecting to do so does not.

Edited by Middleman on 11/03/2021 at 09:00

Potential Court Appearance for Parking on the Grass? - concrete

So the OP must now await another communication from the council with their intentions. This is more complex than at first it seemed. Good explanation Middleman and Bromptonaut. Valid points regarding the procedure involved. I hope the OP keeps us posted and the possible outcome. Cheers Concrete

Potential Court Appearance for Parking on the Grass? - Lorzza

Hi Mark, Just wondering what happened with this? We had very similar happen to us today at Otterspool - think it may have been the same spot. Only difference is that they have said section 8 of the bylaws on our ticket - and the evidence says CCTV instead of body cam.

Section 8 is as follows

No person shall, without reasonable excuse, ride or drive a cycle, motor cycle, motor vehicle or any other mechanically propelled vehicle in the Ground, or bring or cause to be brought into the Ground a motor cycle, motor vehicle, trailer or any other mechanically propelled vehicle (other than a cycle), except in any part of the Ground where there is a right of way for that class of vehicle.

Would be good to know what happened - if anything?

Thanks!

Potential Court Appearance for Parking on the Grass? - Bromptonaut

Would be interesting to know if Mark Donkin ever heard any more about this.

Otherwise I think the advice above applies - adapted as necessary for a different bye-law being relied on.

Potential Court Appearance for Parking on the Grass? - Xileno

We will give him a day or so otherwise I could drop him an email to ask if he would update us.

Edited by Xileno on 11/04/2021 at 17:34

Potential Court Appearance for Parking on the Grass? - bathtub tom

We will give him a day or so otherwise I could drop him an email to ask if he would update us.

Would that be appropriate? I've been here a while and don't recall it ever being done before. Would it break some protocol? There's been countless first timers asked a question, received a suitable answer, never to be heard again.

Potential Court Appearance for Parking on the Grass? - FP

"Would that be appropriate? I've been here a while and don't recall it ever being done before. Would it break some protocol?"

I don't see the problem.

The moderators here have communicated with me about various matters over the years. I don't see why this would be an exception.

Potential Court Appearance for Parking on the Grass? - Xileno

There is a sticky thread (admittedly not in this forum but on the main Discussion one) asking that posters update us. I think it's rewarding for those who have taken the time to help someone that there is an update.

Would any members feel is was not appropriate to be contacted by a moderator to politely request an update? I'm open to views on this.

Potential Court Appearance for Parking on the Grass? - RT

I think it's appropriate - sometime contributors are busy with other aspects of their lives and genuinely forget.

Potential Court Appearance for Parking on the Grass? - Middleman

S8 is similar to S9 in that it relies on "driving", so the driver must be identified. As far as i can make out, Liverpool *unlike London) does not have the facility to require the Registered Keeper to provide the driver's details. So it seems to me you're in the same position as Mark Donkin. Unless they can prove who was driving I don't see how the offence can be made out.

Potential Court Appearance for Parking on the Grass? - sammy1

Would any members feel is was not appropriate to be contacted by a moderator to politely request an update? I'm open to views on this.

I think it is a bit of a cheek. Lots of threads on here just peter out and you never here from the OP again. I think the moderators would be going outside their "terms of reference" and working outside the forum other than refereeing is a no no in my opinion.

Potential Court Appearance for Parking on the Grass? - RT

Would any members feel is was not appropriate to be contacted by a moderator to politely request an update? I'm open to views on this.

I think it is a bit of a cheek. Lots of threads on here just peter out and you never here from the OP again. I think the moderators would be going outside their "terms of reference" and working outside the forum other than refereeing is a no no in my opinion.

If the website had a PM facility, it's no different to any of us PM'ing the OP with a Gee-up

Potential Court Appearance for Parking on the Grass? - Andrew-T

I've only just now looked at this thread, with the useful advice from the resident experts.

Only point that occurs - it seems that parking like the OP's has happened probably for years, but the local authority decided to get officious on this occasion, perhaps because of Covid pressures. One would hope that all the OP's adjacent parkers were treated similarly.

But surely, as the OP is a regular visitor to Olly Prom it would be disingenuous to claim ignorance of the park regs ?

Potential Court Appearance for Parking on the Grass? - Gibbo_Wirral

Only point that occurs - it seems that parking like the OP's has happened probably for years, but the local authority decided to get officious on this occasion, perhaps because of Covid pressures. One would hope that all the OP's adjacent parkers were treated similarly.

I've been going to that park for years, the car parks have never been so busy you couldn't find a space and needed to park on the grass.

Potential Court Appearance for Parking on the Grass? - Bromptonaut

I think it is a bit of a cheek.

It wouldn't worry me even slightly to be contacted by the mods if they needed to 'ping' me for some reason.

I can choose to engage or not engage.

Obviously different if it were to be persistent or demanding but there's no suggestion of that.

Potential Court Appearance for Parking on the Grass? - Xileno

Thanks - certainly wouldn't be persistent, just a polite nudge and only the once. Also not for every occasion where an OP doesn't update a thread either. I think that would be inappropriate and probably too much for the Mods to do. But I think in this case an update as well as being interesting could be useful to other people with a similar potential legal issue and all adds to the knowledge base of the forum. I'll leave it another day in case the OP is looking in.

Potential Court Appearance for Parking on the Grass? - sammy1

I have been on this forum long enough now to know that there is an underlying communication between some members outside which although being OK for them is not necessarily a good thing for other members. It is noticeable that there is hardly any response to the moderators question re contacting for follow ups. The next thing you may be asking is a satisfaction survey rating the forum from 1-10!!..

Potential Court Appearance for Parking on the Grass? - FP

"... there is an underlying communication between some members outside which although being OK for them is not necessarily a good thing for other members."

I presume there is a subtext here, though what it is eludes me.

If you're saying some members of the BR know each other in other contexts (different forums etc.) - yes, though I know of only a very few in that category. What other communication there may be between them I have no idea. Nor do I think it matters in the slightest, and I can't see why it's "not necessarily a good thing for other members."

"It is noticeable that there is hardly any response to the moderators question re contacting for follow ups." I'm not sure what you think this proves, beyond the obvious interpretation, which is that most members are not concerned about it.

Edited by FP on 12/04/2021 at 20:34

Potential Court Appearance for Parking on the Grass? - Middleman

I see no reason why moderators should not make a polite approach for an update, so long as it is just the once and not oppressive which, of course, I’m sure it won’t be.

People who pose their problems on forums such as this often forget to provide an update at the conclusion of their matter. Not their fault – many people are busy and those providing answers are not looking for praise or thanks. But it would help, especially in more unusual cases such as this, to learn the outcome. More importantly and as mentioned, it adds to the collective knowledge base of the forum to enable help to be given to others.

Potential Court Appearance for Parking on the Grass? - sammy1

It is noticeable that there is hardly any response to the moderators question re contacting for follow ups." I'm not sure what you think this proves, beyond the obvious interpretation, which is that most members are not concerned about

The moderators invited members to give an opinion which I was pleased to give. I am unconcerned what the moderators decide to do.

As regards this theme it is only a parking fine that has attracted some 60 odd pieces of advice some good other not depending. I suspect that there are millions of parking fines so what is so special about this one.

If you're saying some members of the BR know each other in other contexts (different forums etc.) - yes, though I know of only a very few in that category. What other communication there may be between them I have no idea. Nor do I think it matters in the slightest, and I can't see why it's "not necessarily a good thing for other members."

It is readily admitted that the moderators are in contact by email with some members and some members by email to each other. The forum is open, the background is not and I am NOT inferring anything.

Potential Court Appearance for Parking on the Grass? - alan1302

. I suspect that there are millions of parking fines so what is so special about this one.

There aren't millions of parking fines talked about on there though...and this one seems to have gotten some interest and it's a bit different from your usual parking fine.

Potential Court Appearance for Parking on the Grass? - FP

Sammy - you sound a bit peeved about something, but I can't see what.

"The forum is open, the background is not..." But that's true of any forum - some people may know each other on a personal level, or on different forums, and some people may be contacted by the moderators for various reasons. It would be impossible to make the background "open".

At risk of being tedious, I can't see that any of this matters.

Edited by FP on 12/04/2021 at 22:27

Potential Court Appearance for Parking on the Grass? - Middleman

I suspect that there are millions of parking fines so what is so special about this one.

But this isn't a straightforward parking fine. They are usually the responsibility of the RK and no driver identification is necessary. This is brought under a council bylaw and the wording of the offence appears to involve "driving." In London councils have a bylaw (Greater London Powers Act 1972) which contains a section similar to s172 of the RTA requiring the RK to provide the driver's details. I can't see (though haven't trawled too much) that Liverpool has anything similar and even if they have they do not appear to have used it. I'm interested to see how (or if) it concludes so a "nudge" from a mod might prove useful.

Edited by Middleman on 13/04/2021 at 08:51

Potential Court Appearance for Parking on the Grass? - Xileno

Thanks for the views, I've read them all. I discussed this with ORB last night and we both agreed that in this case at least, an email to the OP would be acceptable. We won't do this in all cases and will obviously judge what feedback we get.

Potential Court Appearance for Parking on the Grass? - Lorzza

Wow what an interesting and unexpected discussion from my question! Seems I opened a can of worms!

My view on this is that the original post on here, and the large discussion, has been very helpful. It seems to be an unusual issue, with most parking problems and consumer advice given around penalty fines in car parks. And I agree with Middleman - its from the updates of what has happened in real situations that we can learn

So just to say thank you to all who have contributed on this thread, and to Mark for the original post.

Potential Court Appearance for Parking on the Grass? - sammy1

The moderators here have communicated with me about various matters over the years. I don't see why this would be an exception.

The above is a quote from FP on this thread and I think is pertinent to the question of email outside the forum. The now moderators who have been in position for only a few weeks were NOT moderators then and are now in a different position. They could be perceived as not being completely independent.

Sammy - you sound a bit peeved about something, but I can't see what.

The comment again from FP

No I am not peeved about anything just pointing out possible conflict of interest

From a personal point of view there is far too much mud slinging and even today and there is not much happening on the forum.

Potential Court Appearance for Parking on the Grass? - Bromptonaut

The above is a quote from FP on this thread and I think is pertinent to the question of email outside the forum. The now moderators who have been in position for only a few weeks were NOT moderators then and are now in a different position. They could be perceived as not being completely independent.

I don't understand why you're impugning the independence of ORB and Xileno. They've made a decision, in what looks to me like a one off reaction to particular facts, to email a member who had his one off inquiry answered.

For the record I had odd personal note from Avant, usually in response to reporting offensive posts. I know a few others here from other forums such as C4 P, the Old F*rt's Pub and Cyclechat. I've never to my knowledge met anybody personally or, except on a couple of occasions, used other mediums to talk off forum. The exception was a Mod in another forum who also worked in advice and asked me about my CAB 'journey'.

While it's quite common for new inquiries to resurrect a long closed thread this one was quite recent.

Let's see If Mark Donkin responds. If he tells the Mods to take a running jump that's his right. If he says, in whatever terms, he has nothing to add then presumably the Mods will relay that.

From a personal point of view there is far too much mud slinging and even today and there is not much happening on the forum.

I'm probably one of the more combative people here when it comes to politics etc (though I try to avoid the personal, I'm not aware of any more mud slinging than has always been the case.

Forums are, generally, a lot quieter these days. Even Cyclechat is not the hotbed it was ten years ago. That, I think is a consequence of debates moving to Twitter and other Social Media.

PS: Please could you make your posts easier to follow by using the quote facility or, at least italicising quoted text so we can sort wheat from chaff.

Potential Court Appearance for Parking on the Grass? - sammy1

PS: Please could you make your posts easier to follow by using the quote facility or, at least italicising quoted text so we can sort wheat from chaff.

Sorry, others have mentioned this. I am not alone. I am not on any other forums and did not even know this existed until I also posted my first motor query, got a good answer and took an interest.

I have not got a clue about the quote facility/italics perhaps you could point me in the right direction

I am not questioning the impartiality of the moderators or the sending of an email to the OP of this thread.

The question of email was raised by the moderators and It is obviously up to them as I stated previously As regards emailing communications outside the forum, well make of it what you may. I have been on here a number of years never had or want contact outside and generally enjoy being a member

Potential Court Appearance for Parking on the Grass? - FP

When you start a reply, immediately above the panel where you're typing there is a clickable link: Quote previous message. If you click this, the message you're replying to will appear, with vertical lines, in your reply.

I find this cumbersome and usually use quotation marks and cut and paste the important bits of the message I'm replying to.

Just below the reply panel there are some more clickable things to modify the appearance of your post: B, I etc. I suggest you experiment with these.

Hope this helps.

Potential Court Appearance for Parking on the Grass? - Lorzza

So... an update for our part in case others have similar experience.

Its 6 weeks since we got the notice to prosecute on the car. We emailed the council twice (no response) sent a letter (no response),

Still not heard anything and hope/think that we now won't.

Personally I think the place where we parked is within the carpark and the notice was ridiculous. There was no signage to indicate the bylaws and actually we didn't seem to be falling foul of them anyway (unless the area had signage, which it didn't).

Perhaps the parking officer got over zealous one day.

[Note: our ticket was in a different part of Otterspool than the original post above - we were actually parked on grass in the carpark.]

Potential Court Appearance for Parking on the Grass? - Xileno

Good news, seems you got away with that one. It's the 'not knowing' that's the worst part.

Thanks for coming back to update us.

Potential Court Appearance for Parking on the Grass? - Gibbo_Wirral

Just a shame that people think its just OK to park on the grass in a park just because the regular car park bays are full.

All it does is encourage people to just park wherever they like and trash the grass.

Here's the Streetview location of it which puts the original cropped picture into more context.

www.google.co.uk/maps/@53.3651455,-2.937708,3a,75y...2

Brompto's post back in March sums it up

No spaces in the car parks so just dump your car on the park's grass. Apart from the recipe for chaos when anybody/everybody does this the damage to grass from previous incursions is evident in the OP's Imgur image.

Edited by Gibbo_Wirral on 28/05/2021 at 12:30

Potential Court Appearance for Parking on the Grass? - Middleman

That isn't the issue at all.

Local Authorities are perfectly capable of enacting legislation to prevent illegal and inconsiderate parking. What's happened here is that a bylaw which seems to be aimed at preventing people driving motor vehicles on the grassed areas of the park (which would require proof of who was driving at the time) seems to have been cited to penalise a parking offence. It's quite true that whoever parked the vehicle on the grass must have driven over it and so would be guilty of an offence under that bylaw. But the LA must find out who that driver was and from the description of events, they didn't.

Potential Court Appearance for Parking on the Grass? - Caitc95
Hi Lorzza

I have had same ticket today, did anything ever come of it? Should I send them a letter
Thanks
Caitlin x
Potential Court Appearance for Parking on the Grass? - Middleman

Good grief! I'd long forgotten about this!

If your circumstances are identical to those of Mark Donkin (the original OP) I would do precisely nothing. As I made clear in the original thread last year, the Council need to identify the driver. The only point of contact they have would be with the Registered Keeper of the vehicle. Since the RK is not necessarily the driver they have a problem because, as far as I can see, they have no method of compelling the RK to provide any information about the driver. You have no obligation to get in touch with them and, unless they have some legislation which I have not found (which they must quote when contacting you) you have no obligation to respond to their approaches.

They are using inappropriate legislation to enforce these parking transgressions. The bylaw seems designed to prosecute offences involving driving rather than parking and it relies on their officer securing the driver's identity at the time of the offence.

Potential Court Appearance for Parking on the Grass? - michael comer
Hi Caitlin hope you get this…

What come of the NIP you received? As I kindly got one off Liverpool city council today at ottispool?
Potential Court Appearance for Parking on the Grass? - Bromptonaut
Hi Caitlin hope you get this… What come of the NIP you received? As I kindly got one off Liverpool city council today at ottispool?

The consensus is that if you get a ticket referring to offences against park bye-laws left on your car in the style of a PCN for yellow lines or failure to pay you can probably ignore it.

As Middleman sets out above the Council have to take action against the driver. If they're not identified at the time then, unlike speeding, there's no power to force a Keeper to name the driver. Neither, unlike parking infringements, is the Keeper automatically in the frame.

If it's issued under Road Traffic legislation, probably the Traffic Management Act, then wholly different principles apply. If that's the case come back for further advice....

Potential Court Appearance for Parkimg - michael comer

Notice states (Pleasure Grounds Parks and Open Spaces Bylaws 1992. (Insert code) 9.2 )

I was parked in an very unclear supposed to be hatched area which doesn’t look like a hatched square, but on the Note they have put “parked where sign prohibits”