Josef Pisani with 22 other shop workers, Iklin
Warden harassment
Working on a daily basis in one of the retail outlets situated on the service road in Triq Dun Karm, Birkirkara, I was aware of the traffic signs put up around two to three years ago indicating time restriction zones. And from the time they were enforced (although no one informed us of this - we became aware when we found we had been given yet another ticket) I have always tried to find places where time restrictions are not enforced.
I work in a bathroom centre and often have to load and unload heavy items from my vehicle. Every time I move my car from an unrestricted time zone it is very difficult to find a parking space available again in the mentioned zones. Normally I have to go in and out looking for a vacant car space so I can move my car to a "safe" place again.
This is an everyday situation and I feel that it is ridiculous for us who work here to keep going like this. On the date that my last ticket was issued I was with some clients and could not do what I normally do.
This has been going on for the last few weeks and apart from myself, many other employees are coming to work with the same fear of getting fined. I believe that everyone has the right to have peace of mind while earning their daily bread.
This is very unfair on all of us who work here because we spend more time here, at our workplace, than the residents of the area do. Obviously we do not vote in the Iklin local council election, and that is why the council does not appear to care about our situation.
We are not against the system but against how it is being enforced. I sincerely hope that the mayor takes this issue seriously and finds a solution, keeping in mind that we have the right to go to work without being harassed.
6 Comments
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Ben Buhagiar
Apr 13th 2010, 18:43
Let me tell you this one. I was parked in a road that between 7 and 12 is a no entry. I moved my car at 9 and i got a fine. The local warden ensured me that there is a law that in those cases you cannot move your car until 12. So next time i will wait till 12. Unbelievable, there is no winning with these guys. They are rude, and they are always right. Incredible. Now excuse me as i have to go book a day of leave to go to the tribunal. Hope they show up as i would have taken a leave day for nothing. I know i will loose as how can you go against these guys. Wow !
Galea. L
Mar 18th 2010, 15:59
3
Veru li l-Kunsilli Lokali jistghu jaghmlu sinjali tattraffiku izda dan ma jghidx li cittadini maltin jistghu jigu trattati b’mod differenti. Ma kien hemm ebda permess tal- ADT dwar dawn ir-regoli. Dak li ghamel il-Kunsill ma kienx semplicement sinjal tat-traffiku bhal tabelli fit-toroq u sinjali fl-art biex jirregola c-cirkolazzjoni tat-traffiku APPLIKABBLI GHAL KULHADD. Zona riservata tista’ tkun gustifikata bhala mizura ta’ sigurta` [minhabba interess pubbliku parking ta’ vetturi tal-Bank bil-flus, jew banka tal-lottu, jew tfal li jattendu skola] jew fuq bazi umanitarju [ghal persuni b’dizabilita’]. Izda dak li ghamel il-Kunsill kien li javvantagga lir-residenti ta’ lokalita’ fuq dawk ta’ lokalita’ ohra u ma hemm ebda interess pubbliku....Minn imkien ma jirrizulta li dan l-artikolu jaghti s-setgha lil Kunsill Lokali li jiddiskrimina favur ir-residenti ta’ lokalita’. Kull min ihallas l-istess ammont ghall-licenzja huwa intitolat ghall-istess drittijiet.
Operative part of the judgment
"Tiddikjara li l-impozizzjoni ta’ zona riservata ghar-residenti hija ‘ultra vires’ is-setghat moghtija lill-Kunsill Lokali li jaghmel ‘bye-laws’ a tenur ta’ l-Att XV tal-1993 dwar il- Kunsilli Lokali fuq dan l-aspett, minbarra li hija mizura preferenzjali;"
"minbarra li hija mizura preferenzjali" means that it is discriminatory and against the Constitution. GO ON. DON'T PAY. CHALLENGE YOUR TICKET.
Galea. L
Mar 18th 2010, 15:55
2.
to the First Hall of the Civil Court for its decision and will have to stop hearing all the other similar cases. Tell the Commissioner that you are bringing this up with reference to Legal Notice 200 of 2009 and that you hold that it is violating the Constitution. I have no doubt whatsoever that the Court will decide that Legal Notioce 200 of 1009 which is the Legal Notice that again reintroduced the reserved parking schemes following the decision of the First Hall of the Civil Court in the case Joseph Borg et vs the Executive Secretary and the Mayor of the Pieta Local Council that such schemes are discriminatory will again declare that they are discriminatory meaning that there was NEVER any legal basis for the schemes and fines to be imposed and any fine paid should be refunded. DON'T PAY AND CHALLENGE THE LEGAL NOTICE.
You may also want to know that the issue of discrimination is being investigated by the European Commission.
Quote from the judgment
Il-ligi dwar il-Kunsilli Lokali taghti s-setgha lill-Kunsilli li jaghmlu bye-laws a tenur tal-Att XV tal-1993. Izda dan ma jwassalx ghad-dritt ta’ trattament differenti ta’ cittadini maltin.
Galea. L
Mar 18th 2010, 15:45
Don't pay your ticket. When you go to the tribunal tell the Commissioner that respectfully you wish to refer him to Article 45(1) of the Constitution which says "45. (1) Subject to the provisions of sub-articles (4), (5) and (7) of this article, no law shall make any provision that is discriminatory either of itself or in its effect...." ((4), (5) and (7) are irrelevant for this purpose)
Then refer him to Article 46(3) of the Constitution which says "(3) If in any proceedings in any court other than the Civil Court, First Hall, or the Constitutional Court any question arises as to the contravention of any of the provisions of the said articles 33 to 45 (inclusive), that court shall refer the question to the Civil Court, First Hall, unless in its opinion the raising of the question is merely frivolous or vexatious; and that court shall give its decision on any question referred to it under this sub-article and, subject to the provisions of sub-article (4) of this article, the court in which the question arose shall dispose of the question in accordance with that decision."
He will have to stop the case and refer the case
Lorna Sciberras
Mar 18th 2010, 14:16
Might I add, that even B'Kara residents are being discriminated against because whilst we are residents in that road, we can only park on the B'Kara side (which is practically impossible) while Iklin residents can legally park on both sides. As B'Kara residents we cannot park on the Iklin side, even though we are residents of that road, because we don't fall under the Iklin Local Council. So, I, as a resident in that road, got fined for parking in the road where I live. The Iklin Local Council won't give me a resident permit because my address says Triq Dun Karm B'Kara not Triq Dun Karm Iklin. Upon contacting the B'Kara local council I was infomed that they are not being given the necessary permits to do the same on the B'Kara side. Might I ask what does the Malta Transport Authority have against B'Kara residents?? Why are there 2 weights and 2 measures?!! Mr. Pisani is also correct in saying that most of the time, residents don't use the parking during the day, so whether on the B'Kara or the Iklin side there should be a mechanism whereby workers working in the area are allowed to park.
Kenneth Cassar
Mar 18th 2010, 14:12
Two things are wrong with your letter:
1. If, as you say, time restriction zone signs were put up around two to three years ago, then this means that you actually were informed. Regarding enforcement of the law, that is to be assumed. No one should be expected to come round and tell you "from now on, we will be taken action on those parking illegally". Enforcement, again, is to be automatically assumed. Count yourself lucky that enforcement did not start from day one.
2. You say that you are not against the system, but you should be (for the same reasons you give, and others). You cannot be in favour of a system, but then against it being enforced. So I would suggest saving your energy on a campaign to change or remove the system. If the system is not changed or removed, you cannot blame the warden for doing his duty. That's not harassment at all.