Tuesday, 14th October 2008

Stuck for parking

Tickets were based on technical error

Christian Peregin

Vince Borg with his battle trophies - five parking fines this year. Photo: Matthew Mirabelli

Three overzealous wardens and five parking tickets in just eight months have driven one unhappy driver around the bend.

Vince Borg, who has a sticker on his car's windscreen saying he is allowed to park in the residential zones of Floriana, received five parking tickets this year for doing just that.

The tickets were given by three wardens between February and September, but all were later withdrawn when Mr Borg proved he was in the right.

Although he did not have to pay for the tickets, he feels he has been inconvenienced unnecessarily due to carelessness and incompetence.

A spokesman for the Floriana local council said this was a very rare case that resulted "inadvertently" due to the negligence of the wardens.

He added, however, that Mr Borg did not stick his sticker next to the licence as he was advised to, but chose to put it on the top left corner of the windscreen.

"This made the sticker less visible, but we still had a word with the wardens about it because they should be more careful when giving tickets," the spokesman said.

He explained that when someone receives a ticket from a warden for no good reason, they should go to the board of petitions or the tribunal to have it withdrawn, and if there was a technical error, as is the case with Mr Borg, it would be cancelled immediately.

Comments

B Sant (on 16/10/08)

and how abt the parking in an arterial road near the roundabout leading to zebbug!!!1 people and trucks block the road by parking on the main road just to buy some take away ...i pass through there everyday including weekends and never have i seen a single warden or policmen. Now you can do your simple maths.

B Sant (on 16/10/08)

its better if the wardens in Floriana are sent to St Anne Street, it seems the common good is not in the interest of any council around malta. Their interest is to protect their voting citizens

Joe Galea (on 16/10/08)

I was passing by in Vjal il-Helsien Zebbug Malta, last week some time in the morning. At some point a long trail of cars formed and there was no way that this situation was going to be unstuck. The cause of all this panic was the intelligent intervention of a warden who for some reason stopped a scammel truck and instead of telling the driver to pull aside and let the traffic flow, she went in the middle of the road and stopped the truck on the spot. She did what she had to do, coupled with argumentation and impertinent way as even the way she walks she gives the impression of being a superior being. The conclusion was that she caused a whole chaos for more than 30mins.

But then I ask what can you expect from wardens given their level of eductaion. They are there just to squeeze money from every potential victim. The irony is that you see them frequently braking the law like talking on mobile while driving, parking on double lines, etc. (Visit onlyinmalta.com and you find a lot of pics).

Mark Cutajar (on 15/10/08)

In Spain the blue paid parking zones they have have been contested as illegal because the land is public land and this has been upheld in the courts. Maybe a Maltese lawyer can make a name for him/herself and investigate if councils have the right to take public land and make residents-only parking.

Chris Grillo (on 15/10/08)

In my life I have only received two tickets, since I am normally a very conservative and careful driver. One was for supposedly being parked on a double yellow line facing the wrong way at 3am at Mosta...the judge nearly fell out of his chair when I told him that at that time I was more likely to be parked with my wife! Actually the car was at my mechanics that week for servicing! I got out of that obviously...the other one was a ticket for parking in a school bus zone at Hamrun... DURING THE SUMMER HOLIDAYS!!!!

How idiotic can that be? I had to close my shop to straighten things out...and on walking out after being declared innocent, I asked the warden what he was thinking..and all he said was 'U ijja...zball'... zball my backside! They have a ticket quota, and no-one will ever manage to persuade me otherwise...St.Thomas was indeed a trusting man compared to me!

I am sorry, but this warden thing is simply a cash-cow that we the citizens are feeding incessantly.

MIKE MAGRI (on 15/10/08)

Since the wardens should ALL know by now, WHY and How they should issue tickets, then they should be responsible ALSO, for making such silly mistakes, and thus made to pay for damages and inconveniences caused PERIOD.....................!!!!!!

Darrin Zammit Lupi (on 15/10/08)

I received a parking ticket a couple of years for parking illegally in Bugibba, when my car was in its garage at Msida and I was abroad. When I got back, I found the court summons in the mail. I naturally took a day's leave and went to the tribunal to contest it. My car back then was a white Suzuki jeep. At the tribunal, the warden giving evidence read from her notes and referred to my car as a red Fiat Uno. So the warden must have made a mistake when she originally issued the ticket. I was immediately acquitted. I demanded, at the very least, an apology from the warden. I didn't get that apology. The tribunal commissioner had me escorted out of the room by other wardens, saying there's nothing to apologise about as everyone makes mistakes. The system needs to change to one where those who receive a wrongful contravention are compensated, with the said amount being deducted from that warden/police officer's salary. Only then will wardens start being a bit more careful and not issue tickets in such a carefree manner.

Helen McAleer (on 15/10/08)

Everyone should follow I Galea's recommendation because it's excellent. idea.

If you all just pay because you can't be bothered going to the tribunal, the wardens have won.

Wardens are probably on some sort of bonus system, the more tickets they give out the more bonus they get, of course they are going to put tickets on any car, hoping the person will just pay up and not complain.

Wake up Malta and stand for your rights.

Joseph galea (on 15/10/08)

It is very democratic and just that we have the possibility to contest these fines.
Who will pay for our time when we 'burn' half a day to justify the error of these trigger-happy wardens.
May some EU legislation guru enighten us humble citiezens on how to pursue our right to claim these deficiencies.

Mr John Bundy this could be a spot for your programme.

What are we to do and whom do we turn to when:
wardens erroniuosly dish out fines and the finee is found to be innocent ?
when we ruin our vehicles due to the bad state of our carrisgeways?
when our vehicle fails the vrt test due to wheel alignment, ball joints, suspension or other and we all know why?
when enemalta, melita cable or any other cable-hanging crazy-enterprise continually plonk wires on our property without asking permission to put the ladder on our land; let alone fix it to our walls?
I have deviated a bit but the theme is why are we not educated as to who has to pay for what mistakes and/or infringements we suffer?
I always pay for mine.

Bernard J Schranz (on 15/10/08)

Talk of ridiculous. Hear this.... I was once fined for parking along a pavement where there were no lines at all. Further up there were double yellow lines but I did not infringe on them. I contested the charge in front of the tribunal but the judge decided that I should not have parked there.

Today this same area has been designated as a parking bay.

The place is at the corner in front of Villa Madama in Balzan. Everyone can check it out !!!

As such the local council has used our public funds to have Double Yellow Lines painted, the contractor did not do his job well. In the process I got fined and had to pay up. Meanwhile the same local council once again has assigned someone to paint a parking bay in the same space out of public funds !!! Who is making money here and at whose expense?

Enough said !

R. Vella (on 15/10/08)

Its ok if you dont use your indicators or drive like a maniac, but you cannot park where you have a right to park ???

Latest fashion seems to be driving with your (ILLEGAL) fog lights on, the more you blind
oncoming cars the better!

But what the heck, wardens arent around in the evenings!

Ridiculous.

Leo Bartolo (on 15/10/08)

Our wardens are a disgrace to the country, their one objective is to give parking tickets. But sometimes they fiddle with their mobile when they are on guard on a construction site.
With regards to their traffic offences, we should have wardens to book wardens who do not obey traffic/parking regulations.

Noel Galea (on 15/10/08)

@ Donna Schembri

you forgot no. 5: Driving through tunnels without using headlights!

DONNA SCHEMBRI (on 15/10/08)

WARDENS SHOULD PRACTICE WHAT THEY PREACH.

1, DRIVING WITHOUT A SEAT BELT
2, CAR PARKED ILLEGALLY ON A DOUBLE LINE OR IN FRONT OF A PASTIZZERIA
3, CIGARETTES THROWN OUT OF WINDOW.
4, USING A MOBILE PHONE WHILST DRIVING

WHO IS GOING TO FINE THEIR ACTIONS
THESE ARE THING YOU SEE EVERY DAY

THE SAYING "IF YOU BEAT THEM JOIN THEM COMES TO MIND"

ISammut (on 15/10/08)

Mr Borg is fortunate because the Petitions Board is very often a farce and simply ratifies the warden's errors. Public pressure should be stepped up to ensure the the Board is accountable and transparent, otherwise it should be removed!

Antoine Grima (on 15/10/08)

Only God knows how many more tickets are given for no reason what so ever and people just pay them because they cannot be bothered to argue them . While that it is very simple to get a ticket , it is very time consuming to argue it and try to defend yourself. This is theft and nothing else . Another form of taxation. Does the warden / policeman get fined for nor doing his/her job properly?They should be made to pay for the inconvenience caused to people who decide to argue the fact that they got the ticket and then we'll see how careful wardens are before issuing a ticket .Why is it that people in uniform go about doing what they feel like and they hardly ever have to pay for there wrong doings ? Police and wardens should be out there to help , protect and educate not make peoples lives miserable.

T Mifsud (on 14/10/08)

The law needs to be changed such that if a tciket is contested and won in favour of the victim, then the warden/warden company would pay Euros150 to the victim for each day lost at court to contest the ticket.

As the law stands right now, wardens can ticket every single car on the roads in Malta with impunity and wait for a tenth of the victims to initiate procedures.

l Galea (on 14/10/08)

ray mangion
You should have sent a registered petition to the Board for Petitions at P.O. Box 41 Valletta.
NEVER PAY BUT CHALLENGE

apgrech (on 14/10/08)

Have any wardens have been fined for making the wrong decisions?

ray mangion (on 14/10/08)

Some time ago I parked on a box for the disabled outside St James Cavalier with a disabled sticker on my windscreen. When I returned I found a ticket. Reason - parking on double yellow lines. Yes there were double yellow lines going right through the disabled box which should have been erased, but were not.
I wrote to the Valletta Council to complain and also ADT for their shoddy and careless way of painting lines without erasing old ones. I was ignored by both and the cheek was I received a court order. I wrote back and reluctantly paid the penalty because of my busy schedule.

G. Sammut (on 14/10/08)

Mickey mouse country

Steven Grech (on 14/10/08)

I say - Fine the wardens for negligence.

Raymond Scerri (on 14/10/08)

All the comments on this article share an identical thread, and that is that people are angry at the stupid actions being taken by robotic wardens.
What is even more irritating is that you hear excuses as the one offered by the spokesman in this article.
However the topping insult is that citezens' time is considered as an expendable item. NO I do not WANT to write to any petitions Board. NO I do not want to waste my time justifying my just cause. What peole want is equal justice. If an incompetent warden was the cause for wasting my time then, as I am held accountable for infringing a traffic regulation and made to PAY for it, then such a warden MUST be held accountable for his/her incompetence and pay for it in Euros. Touch people's pockets and then they will understand what it means to do your job well.
People, continue to write and object to these discriminatory practices. They are ILLEGAL.

T Mifsud (on 14/10/08)

"He added, however, that Mr Borg did not stick his sticker next to the licence as he was advised to, but chose to put it on the top left corner of the windscreen...This made the sticker less visible, "

Oh Come on!! I cannot believe the spokeman had any brain cells to utter that! Does that mean the the wardens and even the local council have such NARROW VISION?!! The spokeman needs to apologise on behalf of the wardens and not try to find the lamest of all excuses in defence of his lost battle!

C Zammiit (on 14/10/08)

Isn't it high time that the wardens be kept accountable for their negligence too? Shouldn't they be made to pay for their negligence just like ordinary citizens are made to pay for theirs? Or have we as a society established a privileged class of super citizens who can get away with their misdeeds with impunity. Making claims on someone's time unnecessarily and as a result of negligence by no one else but someone paid through people's taxes should constitute an offence in its own right.

Stephen Rizzo (on 14/10/08)

The same thing happened to me.

I, too, have the permit to park in the residential parking lots in Floriana. My sticker is very visible on the right top corner of the windscreen, just centimetres away from the driving licence.

Contrary to Mr Borg, I found nothing affixed to my windscreen and was only aware of my "infringement" after I received a "Tahrika" to appear in court on the 27 October. Please note that this "tahrika" was received on the 23 September, forty five days after i was unjustly booked.

Following my letter to the Board of Petitions, I received an acknowledgement in which they advised me "that all Tribunal procedures have been temporarily suspended until the Board considers your petition"

Robert Cassar (on 14/10/08)

Can someone take stand on the driver's behalf? Last year I got a ticket for a car that I scrapped 10 years ago! What did I get - I had to pay Lm 5 to the licence department for a copy of the deposit of plates + I lost two days of work because I had to go to the tribunal and guess what guys.. when I went there it was closed for maintenance so I had to go another day! What did I get NOTHING.. I do not wonder why people hate wardens because they are arrogant and lack EDUCATION.

C.Camillei (on 14/10/08)

Blame no one, except the Company that employees these Wardens, because it is the Company that hires them and puts them on the streets without any training at all. Some of the Wardens, are 'Robots', they never listen to reason, they are the ticket machines, and also the time wasters, just like the case mentioned under review. If I am wrong, then the Company SHOULD tell us how many weeks/months of training do they provided training for the Wardens, and what type of training as well!

philip pace (on 14/10/08)

Welcome to the circus,
RE the Times report:-

"A spokesman for the Floriana local council said this was a very rare case that resulted "inadvertently" due to the negligence of the wardens.

He added, however, that Mr Borg did not stick his sticker next to the licence as he was advised to, but chose to put it on the top left corner of the windscreen.

"This made the sticker less visible, but we still had a word with the wardens about it because they should be more careful when giving tickets," the spokesman said."

That is blatantly ridiculous. That statement holds no water. Too childish thus not acceptable.

I think that Mr.Borg deserves a compensation from the Floriana Local Council.

Myopic bananas

l Galea (on 14/10/08)

Never pay for the tickets.
Defy the system which is discriminating against you.
The residents parking system discriminates against drivers who are not from the locality.
Discrimination is prohibited, so the system is discriminatory, illegal, abusive and anti-constitutional.
If you find a ticket send a registered petition to the Board for Petitions, P.O. Box 41 Valletta explaining the circumstances of the case and a copy of the ticket.
Once you send your petition ignore any summons to appear before the Local Tribunal because if you appear you will be renouncing to the petition.
Drivers unite against arrogant Local Councils and wardens companies who are skinning you alive.

Robert Cuschieri (on 14/10/08)

"when someone receives a ticket from a warden for no good reason, they should go to the board of petitions or the tribunal to have it withdrawn, and if there was a technical error, as is the case with Mr. Borg, it would be cancelled immediately."

That I understand. However since the technical error was made by the warden, will Mr. Citizen get compensation for the time he wasted to go to the tribunal and so on?
Will the warden be made to pay this money?

Someone who goes to contest his fine easily wastes 2-3 hrs. Time is money. Who's paying?

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Article © Allied Newspapers Ltd., printed on Thursday, December 4, 2008. This article is for personal use only, and should not be distributed.

Stuck for parking

Tickets were based on technical error

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