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Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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Dear Sir, having left st mary hospital in Paddington ,Westminster

Customer Question

Dear Sir,
having left st mary hospital in Paddington ,Westminster city council where I visited a very sick relative ,I headed towards my car which I parked in Praed street opposite the hospital &had paid by phone for 90 minutes in a pay by phone scheme.I spotted from some 50 yards a traffic warden around my car to whom i waved alerting him that the car was mine.I noticed he quickly completed the fine &placed it on the screen.upon arriving to my car I asked him how long i was late he answered aggressively ,10 minutes when in fact it was only 6.He then became intimidating&said that I was being filmed&being recorded.I found this frightening&resorted to my phone taking picture of my car& were it was parked .I then told him that I will challenge his penalty in court .I then drove off.
I am concerned that wardens with their reputation can use videos with different motives.
I am also concerned that using my phone may be interpreted as threat.
Do you think the warden has any grounds to use my statement to challenge him in court as a further threat?I feel that I have not avoided paying for parking&being late for 6 minutes with no access to reminder by phone being in hospital is unfair.
Do you think the warden could use the video in a malice aim?there was no bad language used nor any threat on my part?
I am 68&feel vulnerable?
Submitted: 4 years ago.
Category: Law
Expert:  Vincent2013 replied 4 years ago.

Dear Sir, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it today.


From the facts in your enquiry, you do not appear to have used any threatening or abusive behaviour or language that could be deemed a criminal offence or that could justify a civil action. You are entitled to photograph your car on a public thoroughfare and it would be adviseable to do so, if this relates to your grounds for challenging the penalty charge notice (PCN).


Further you are perfectly entitled to advise the warden that you intend to challenge the PCN, (although it is, of course, technically unecessary to give him notice).


Traffic wardens (or as they are now called, Civil Enforcement Officers), often wear these cameras on their uniforms and turn them on to avoid (as much as record) confrontation. They do not use the footage in relation to the PCN and, unless a crime is committed, the footage is redundant.


I hope that is useful but please don't hesitate to come back to me if you require any further clarification. If I've been helpful, I would also be very grateful if you could take time to rate my answer by selecting either, OK, Good or Excellent.

Expert:  Nicola-mod replied 4 years ago.

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