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Repeal Part 6 of the Traffic Management (TMA) Act 2004

Comment 15th March 2013

This came into force in March 2008 and is designed to " make enforcement of parking restrictions easier to enforce."  It states that:

 

  • There will no longer be a need for a Penalty Charge Notice to be placed on a vehicle, or handed to a driver in order for it to be properly served.
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  • If a vehicle is driven away before the Notice is issued, it may be posted to the registered keeper of the vehicle.
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  • If a Civil Enforcement Officer for whatever reason is unable to serve the Notice it may be posted to the registered keeper/owner of the vehicle.
  • Councils across England gain the right to use CCTV to detect offences on roads where parking is banned. Councils in London already have this power (this should be revoked as well).

    Why does this matter?

    It places the burden of proof too much on the individual- to the point where an individual is presumed guilty unless proven innocent. If a ticket is served in a the traditional manner, then an individual has the oppotinity to collect evidence at the time the alleged offence occurs, that may be used to successful appeal the Penalty Charge. The regulations all the authority up to 14 days to deliver to the individual the penalty, by which time an inividiual has little or no chance of having or obtaining any such evidence. These regulations are grossly unfair and unconsitutional.

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