Criminality in parking enforcement - General

Forum Discussions General Criminality in parking enforcement

23/03/2008 12:01

	Lofty
1 posts

Criminality in parking enforcement

Neil Herron rightly says that the Fraud Act 2006 (which came into force on 15th January 2007) is applicable to all parking enforcement authorities and agencies where there has apparently been misconduct on the part of officers and employees by demanding money by deception, retaining penalty money which should have been refunded when it is found that it should not have been demanded in the first place and other such situations.

The police have a duty to investigate any instances of such criminal conduct reported to them but aggrieved motorists should first be fully clear as to exactly what the presumed offence(s) are before presenting any claim to the police. The Fraud Act 2006 can be seen at: http://www.legislation.gov.uk/acts/acts2006/ukpga_20060035_en_1

Useful guidance can be seen from other sources including: http://www.wikicrimeline.co.uk/index.php?title=Fraud_Act_2006

Probably the most useful guidance is provided by the Crown Prosecution Service which is the agency that the police do and must use to establish the basis for any prosecution by the CPS. The excellent CPS website is at: http://www.cps.gov.uk/ The interesting link is to 'Professionals', then to 'Legal Guidance'.

Definitive CPS guidance on the Fraud Act can be found via the CPS Quick Search Box or go directly to: http://www.cps.gov.uk/legal/section8/chapter_d.html

When the police decide that criminal conduct has occurred there will often be alternative offences with which a charge can be brought. They will then decide, perhaps with CPS guidance, which offence is the most appropriate and the one most likely to succeed in a prosecution.

With regard to apparent criminal misconduct on the part of local authority employees involved in parking enforcement another potential offence is 'Misconduct in Public Office'. CPS guidance on that offence appears not to exist on the CPS website but it is there in all its glory at: http://www.cps.gov.uk/legal/section22/chapter_c.html

It shows that the elements of misconduct in public office are:

A public officer acting as such.
Wilfully neglects to perform his duty and/or wilfully misconducts himself.
To such a degree as to amount to an abuse of the public's trust in the office holder.
Without reasonable excuse or justification.

NONE OF THIS CONSTITUTES LEGAL ADVICE TO BE RELIED ON but it should be useful to show where to start looking.

11/04/2008 13:36

	Anthony
25 posts
www.logiclaw.co.uk

Re: Criminality in parking enforcement

Modified By Anthony on 11/04/2008 07:39:33)

To add further here are the important elements to focus on.

You are looking for 'FALSE or MISLEADING representations' ANY representation that does NOT match a fact, is such a falsity.

IF I say of something that is NOT, that it IS, or something that IS that it is NOT. THAT's false and misleading.

Dead simple, but just watch the semantic spin in 'substantially compLIArNT arguments' to escape culpability... That is wher to get in the door. Anthiung that is substantially complaint is on FACT NOT compliant.

UNLESS it applies both ways. Moving the goal posts one side is what they do, and you are expected to not ask to balance them out. LIKE substantially parked inside a bay is the counter argument. THINK and use these acts. You are dealing with the growing mendacity in the face of pure malevolence for revenue. Either that or else ignorance and incompetence, the LEAST likely option.

Elements of Fraud Act parts 1-4.

1 Fraud

(1) A person is guilty of fraud if he is in breach of any of the sections listed in subsection (2) (which provide for different ways of committing the offence).

(2) The sections are-

(a) section 2 (fraud by false representation),

(b) section 3 (fraud by failing to disclose information), and

(3) A person who is guilty of fraud is liable-

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both);

(b) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine (or to both).

(4) Subsection (3)(a) applies in relation to Northern Ireland as if the reference to 12 months were a reference to 6 months.

2 Fraud by false representation

(1) A person is in breach of this section if he-

(a) dishonestly makes a false representation, and

(b) intends, by making the representation-

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

(2) A representation is false if-

(a) it is untrue or misleading, and

(b) the person making it knows that it is, or might be, untrue or misleading.

(3) "Representation" means any representation as to fact or law, including a representation as to the state of mind of-

(a) the person making the representation, or

(b) any other person.

(4) A representation may be express or implied.

(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

3 Fraud by failing to disclose information

A person is in breach of this section if he-

(a) dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and

(b) intends, by failing to disclose the information-

4 Fraud by abuse of position

(a) occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,

(b) dishonestly abuses that position, and

(2) A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

5 "Gain" and "loss"

(1) The references to gain and loss in sections 2 to 4 are to be read in accordance with this section.

(2) "Gain" and "loss"-

(a) extend only to gain or loss in money or other property;

(b) include any such gain or loss whether temporary or permanent;

and "property" means any property whether real or personal (including things in action and other intangible property).

(3) "Gain" includes a gain by keeping what one has, as well as a gain by getting what one does not have.

(4) "Loss" includes a loss by not getting what one might get, as well as a loss by parting with what one has.

Many acts like this above, are here to help you FREE with advice to help this great truly independant forum.

http://www.logiclaw.co.uk/Acts/acts.html

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