Are wardens accountable?

Albert Bezzina

Sep 16th 2009, 14:04

Part 3....
There is therefore is nothing more than extortion backed by legal provisions in situations of wrongly defined infringements.
If the Minister of Justice truly has Justice at heart, he should lose no time in passing through parliament legal provisions and guidelines which empower citizens to claim compensation directly from warden services in order to establish an incentive for these same Warden Service Companies to adequately train their employees to avoid issuing fines for inexistent infringements
AND MR. De MARTINO, championing the legitimate work or service of wardens is one thing, but coming out with guns blazing against somebody who feels that compensation should be given for a wrongly issued fine is plainly a sign that such a development would impinge on the income of the family business.

Albert Bezzina

Sep 16th 2009, 14:03

Part 2....
4) the system is such that wardens employed by a Warden Service may regularly issue fines for inexistent contraventions simply because wardens are either unaware that there is actually no infringement or else fully aware of such situations but issue fines to reach certain quotas.
It is the right of every citizen to have his day in court (or tribunal) to defend him/her-self.
If it could be shown that no infringement had occurred or that the warden’s judgment was wrong, the person contesting the fine should claim compensation for loss of income from his presence at the tribunal, expense of legal counsel, the inconvenience and the hassle.
The warden may be sued for compensation for his incompetence but I believe that compensation should be claimed directly from the company which manages the Warden Service as:
1) it has abused its legally supported position by not training its wardens so as to avoid giving fines for inappropriate or inexistent infringements.
2) knowing full well that the odds of persons contesting a wrongly issued infringement are low and
3) even if a citizen successfully contests a fine the warden service or the local counsil have nothing to loose.

victor pulis

Sep 16th 2009, 13:00

When no proof is brought forward by the warden such as a picture of said infringement it is his word against the defendant's. In this case I believe that the defendant must have the benefit of the doubt. Unless the wardens are treated as some demi gods with powers over us all. At the moment one can see several cranes blocking the roads with wardens supposedly present to direct traffic. I say supposedly because in most cases these wardens can't even position themselves at the right spot to be able to see traffic movements.

Duncan Sant

Sep 16th 2009, 09:35

@A. Grech
The license expired on end of May09, and the new license was paid on 28 APRIL 09 (and I have proof) and it was fixed on the windscreen.

lgalea

Sep 15th 2009, 23:18

John Inguanez

How about the chaos near the Triton fountain where BUSES are parked around the fountain and the traffic islands notwithstanding the NO PARKING signs and DOUBLE YELLOW LINES?

Albert Bezzina

Sep 15th 2009, 23:17

Part 1
If a warden issues an infringement on the premise that an infringement has occurred but results that there was no infringement after contestation by the fined person, it therefore follows that the wardens must have been wrong in issuing a fine in the first place.
If a warden is unable to distinguish correctly when there is in truth an infringement and when in truth there is not, this is incompetence.
And if this incompetence is due to lack of adequate preparation and training by the warden's employer because:
1) the legal provisions are biased in favor of the warden service (and the people running it) and is based on the premise that the wardens' decisions are always true and right.
2) In order to contest the fine, citizens are commonly ether intellectually compromised to argue their case or it would cost the contester more money from lost economic activity or legal counsel than the fine itself.
3) Warden services have no incentive to train their wardens to avoid wrong fines as there is a prevalence of no contest by those wrongly fined.

A.Grech

Sep 15th 2009, 22:58

@ Duncan Sant..

Did you check if the licence that you had affixed to the windscreen on the time of contravention was correct, if it was expired and you forgot to attach new one on renewal date, its the same contravention the warden issue on this regard. So it might seem exagerated but if that happened, i think the warden was right

John Inguanez

Sep 15th 2009, 17:46

They are rambos. Come over to Zabbar Road (c orner with Tip Top). They give tickets to a car in a no parking area, and THEY DON'T SEE large trucks and containers using Zabbar Road illegaly when they are not giv ing service in the street.
Yesterday I noticed a container followed him to Hompesch Gate and he turned to Bulebel estate. No warden could be seen to give him the ticket.

GiovDeMartino

Sep 15th 2009, 17:39

Symptoms of swine flu???????Could be!

vincent a galea

Sep 15th 2009, 17:19

Am so glad someone is feeling sorry for me... Indeed very sorry !

Am in bed with a most horrendous cold!!!

THESE BRITS.............!!!!!!!!!!!!!!!!

GiovDeMartino@V Galea

Sep 15th 2009, 16:33

Len Woodford said that we, Maltese, have a lot ton fromthe Brit. were human rights are concerned.....Several Maltese, to show how clever they are, are continually ridiculing anyhting Maltese....We are becoming worse than third world countries because a person declares that he was wrongly booked......Unbelievable when in Brit. patients dying of cancer are abandoned by the govt. When a police officers enters the wrong dwelling, destroy the door and leaves as if nothing has happened...when a person is sacked bec. he is not allowed to wear a cross......If Mr. Galea cannot see what I mean.....I feel sorry for him. Very sorry.

Lawrence Bonello

Sep 15th 2009, 16:28

@David Dandria
In comparing the IQ of jelly-fish to that of Local Wardens I had in mind that wardens and jelly-fish both serve to make our lives miserable. One in the water and the other on land!
Nonetheless, sorry about that, Messrs.Jellyfish! :)

Deo Catania

Sep 15th 2009, 16:26

@All Giov deMartino DEJJEM jiddefendi lil gonzipn, injorawh ghax paroli fil-vojt biss jghid. jiprova jidher helu minghalih.

Nigel Lawrence

Sep 15th 2009, 16:22

Actually, if ones checks the highway code, you will find to your absolute delight that the majority of the double yellow lines are NOT painted according to the rules.ie- the ends of double yellow lines has to be closed with a painted bar. Do you see many of those.
So when you DO get a "yellow line parking ticket", if lines in question are not closed, take a photograph, defence. Simple.

vincent a galea

Sep 15th 2009, 15:59

I just cannot understand what in his infinite wisdom GiovDeMartino is trying to say !!!
Is he trying make an anology or what?
If citizens are treated shoddily in other countries, should we therefore lie back and enjoy what is fast making us worse than a third world country ??????!!!!!!!!
U HALLINA!!!!!!!!!!!!!!

Monique Lauri

Sep 15th 2009, 14:58

L.Dimech the Vultures of Gozo are always on the look out for Maltese cars you know that, i know that and they know that too, they seem to have a very good memory for faces too, they know exactly who is who and who comes from Malta for the weekend. So Maltese look out>> Look Out'' there is a vulture about be on your toes or if you are driving make sure your eyes are also sharp look out on the back of your *You know what*.

David Dandria

Sep 15th 2009, 14:38

@Lawrence Bonello

On behalf of jellyfish I ask you to take back the nasty insult that our IQ is on a par with that of the wardens.

victor pulis

Sep 15th 2009, 14:38

If it comes to oath taking the defendant's oath should be as binding and credible as the warden's and in the case where no evidence id produced by the warden the defendant should be given the benefit of the doubt.
Why are wardens not aquipped with cameras so they can shoot a picture of the 'crime' scene as evidence? Of course the camera would have to be easy to operate as some of the wardens are technically challenged!

Victor Sciberras

Sep 15th 2009, 14:28

Can somebody tell me,why a car with foriegn no.plates can park at a corner and not getting a ticket,because when I spoke to the warden, he said ,they can't give him a ticket because ,the number of the car is not shown on the machine.

John A. Azzopardi

Sep 15th 2009, 13:59

@Lawrence Bonello
So did a lot of people not so closely involved. Hence my comment !!

A. Azzopardi

Sep 15th 2009, 13:24

Once I was called by the police to remove my car that was blocking a garage half way across Malta, while I was at home and my car was parked in my street. Turned out that the person who reported it gave the wrong number plate. So these things happen BUT I'm not saying that Wardens or Police can abuse their power, what I'm trying to say is that they have to look three times before accusing...

Herbert Guillaumier

Sep 15th 2009, 13:23

Unluckily enough we at Tarxien do not have the wardens going around and sticking notices of contraventions to windscreens. I say "unfortunately" because over here in Tarxien, although we have a one-way system around our village, drivers just can't care less about it. I did talk to Mr Farrugia, the Mayor about the whole thing, but to no avail. I just keep on praying the Lord to give us a serious traffic accident in order to have the duties of a warden!

Joseph Cauchi

Sep 15th 2009, 13:03

If the yellow lines in question are not followed by a traffic sign (tabella) that indicates that parking is prohibited, then these “yellow lines” do not mean anything!

All areas that are prohibited for parking should be indicated by a traffic sign (tabella) that indicates accordingly.

One can check this from the Legal Notice 156 of 2004, as per Art. # 74 (e):

“in any place where appropriate road markings stipulated by the TRAFFIC SIGNS and Carriageway Marking Regulations, 1969 indicate that parking is prohibited”.

Don’t rush to pay your fines, check your rights, first!

JC.

GiovDeMartino@Len Woodford

Sep 15th 2009, 12:56

Rights? What rights? Cancer care in Chaos. Patients denied treatment are left to die...says report. Not in Malta, but in the UK.
AArom West and partner Leeanne Baker returned from shopping to find their back door lying on the kitchen worktop....and the message on the fridge. Police had smashed into the wrong home, then left after rearranging fridge magnet letters to say "Oldham Task Force called...Not in Malta but in the UK.
And what about that air hostess who was not allowed to wear a cross round her neck? Human rights?

Joe Bonnetti

Sep 15th 2009, 12:33

@Frank Xerri (UK)::::::::Well I do agree that Big Brother is watching..the Wardens..too, for example the wardens that are on duty in the Ta' Xbiex area, when they are on patrol day or evenings, they just park their cars, enter..into one and first they have some..food or..drinks, then chat abit and later start cudling and kissing.

By this time their are..vehicles parked on double..yellow lines, cars parked on zebra crossing, by the corner of roads, or blocking the stairs of Ta' Xbiex Terrace that leads towards Ta' Xbied Coast Road. That is not..all, we notices..and..filmed/photos..at least 25 families with chairs and tables obstructing the pavement of The Terrace, and with their cars parked..on the double yellow lines.

When we contacted the half aslept wardens, they told us that they don't know that obstructing of pavements is a contravention and that the parking of vehicles on yellow lines is not in their list of action.

So what for are their presence for in Ta' Xbiex, and paid by the local..council? Suggest to came along this streets of Ta' Xbiex..Terrace and the Ta' Xbiex Coast Road and see for your self as to what I am saying????

L. dimech

Sep 15th 2009, 12:30

Once on this 'aggravating' subject - I would be extremely interested to know where to find the figures for fines given to Gozitans by Gozitan wardens and how many fines are handed to Maltese in Gozo by Gozitan wardens??!!??

Can someone enlighten me please? I've seen Wardens in Gozo 'searching' for Maltese cars in a street. When challenged (from the balcony) they said 'if you have any complaint to make come and do it in court' !! Busilhom ghajnhom, as we say in Malta.

Frank Xerri (UK)

Sep 15th 2009, 12:02

I would definitly take the warden to court and make him pay through the nose for every penny he got, the news would soon spread through out the islands and teach these KnowAlls* the Lesson of the Century. Believe you me their attitude will soon change., If this was in Gozo and that had been a close relative or a friend, i swear no action would have been taken, so its not what know but WHOM U know. So warden for a change YOU be beware as Big Brother is watching you TOO.>>>>>>> i wonder have they ever thought of becoming an HONEST man and join the clergy? I doubted.

Henry A. Grima

Sep 15th 2009, 11:58

No wonder you hear of warens being aggravated!!
How many more letters in the press are neeed for someone in authority to take action against irrational wardens?
Most of them do an excellnt job, but you always find the odd maverick, who acts like he has the power to invent a contravention.
There are a lot of irresonsible drvers who park on yellow lines, have loud music, non-existent silencers, drive too fast, with elbows, if not whole arms, hanging out of windows, lights missing, bright beams on, etc., etc., without hassling innocent careful drivers with trumped-up contraventions to please your boss or Local Council.
Is there anybody out there??

Lawrence Bonello

Sep 15th 2009, 11:57

@ John Azzopardi
I'm sure that someone closely involved in the warden racket has understood my reference to Boy-scouting.

Len Woodford

Sep 15th 2009, 11:50

I say Duncan unfortunitly Malta is still lagging behind all eu coutries and still in the process of learning new techniques from us British as far as public rights are concerned, but i would certainly contest this irregular act to maybe the local citizens advice bureau or through a reputable solicitor who may start legal procedures towards the warden in question. Had that be me i would certaily take this matter all the way to the cleaners. These boy scots as they are called in Malta are taking advantage by wearing a warden's uniform. A couple of years back i noticed many registered foreign vehicles with expired road tax - so why now? or do these warden slam their own laws and not go by the book. Would be intesting to know, in Holland i remember where lived for a number of years, there are no road tax stickers as such anywhere on the windscreen,but if a road partol for any reason stops a driver all they have to do is to check the number plate and with a couple of minutes will have all the details required to identify the driver and all legal requirements. (Lenny an English whinger).

GiovdeMartino

Sep 15th 2009, 11:44

There were persons accused of murder and were freed my the Courts......Could they sue the police who accused them of murder?

Galea. L

Sep 15th 2009, 11:39

NEVER pay a fine and ALWAYS contest it.
Ask for the warden to swear to what he wrote on the ticket and then you should be able to sue the warden personally for wasting your time and for committing an offence by issuing a ticket when he knew that it was not true and when he was duty bound to prevent such offences and for false evidence under oath. It's about time that they are made to pay for their arrogance and illegalities in issuing tickets for trumped up offences.

Nigel Lawrence

Sep 15th 2009, 11:39

Wardens can and will do what they like. There are numerous sightings of these people (sic) parking illegally, using a 'phone whilst driving, etc. Who can bring these cowboys to book.

John A. Azzopardi

Sep 15th 2009, 11:00

To take Boy Scouting to the roads could be a brilliant idea!
However, I do not think that there are any appropriate Badges in the Boy Scout movement to commend the local wardens' actions !
Having said that, we are in Malta, so surely we would invent something to suit the occassion.

Lawrence Bonello

Sep 15th 2009, 10:37

Whilst being all in favour of law and order, iIt seems to me (and I guess to others too) that the necessary qualifications to become a Warden on these islands is to be shabby, arrogant and possibly with an IQ inferior to that of a jelly-fish!
And the big-heads running the company continue milking Joe Citizen to guarantee their lucrative trade. It pays well to take boy-scouting on to the roads!!

Kevin Bonnici

Sep 15th 2009, 10:28

I wonder whether any statistics are available to determine how many contraventions are issued with wrong details or even frivolously, wasting time for both the car owner as well as the tribunal officials or Petitions Board members. Perhaps they could be narrowed down to particular towns or maybe even down to individual wardens.

I personally would never show up at a tribunal. When I was at fault, I paid up. When I knew I was not at fault, I petitioned to the appropriate board and won my case. However, it looks like the time has come for some 'victims' to get together and start a class action lawsuit against wardens, their employers and local councils. The sheer waste of time can no longer be tolerated.

H Dempster

Sep 15th 2009, 10:08

Duncan , you are in Malta mate//////

Anthony White

Sep 15th 2009, 10:08

Five years ago, I received a fine, which stated that I was driving up a one way street in Hamrun, I was actually working in an office in HalFar Factory, and my wife was at the ITC Hal Far when the warden alledged that I was in Hamrun.
A complaint was made to the manager of the company for wardens in Gzira, who told me that the warden only has the right and I cannot complain - If I do not pay the fine and contest it the expence would increase.
The only reason the fine was paid is my wife did not want to fight the fine owing that the car is registred on her name, and it would cost three times as much to loose a half day to contest the fine.
Believe it or not I was licenced as a warden but still the warden, that accused me had more right to accuse me even though he was mistaken.
Even if you contest the fine you will not be sure that you will be believed in the finish.