Got a ticket for speeding from a policeman in a civilian car parked illegally. Is the ticket legal?

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Hi all,

Today I got caught speeding in a residential area, I was 11 km/h over the limit (30 km/h). I admit, it was my fault. Penalty is 25 euros. No biggie. 

However, the policeman who gave me the ticket was in a civilian car, which was parked illegally, on the grass between the road and pedestrian sidewalk. You just can't park there. 

My question to you all: is the ticket legit? 

Do I have a chance to contest it? I mean, I admit that I drive too fast, so the issue is not with the deed itself.

 

Thank you all who reply. 

 

A.

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Lol really? He's a cop. He can stop (not park) wherever he wants, especially to catch speeders.

 

Please don't speed down narrow streets - you never know what might run out in front of your car.

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Are you American, Ana1984?

 

There is no this bullshit in Europe. You violated the rules, you pay the fine. There is nothing to contest.

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2 minutes ago, El Jeffo said:

Lol really? He's a cop. He can stop (not park) wherever he wants, especially to catch speeders.

 

Please don't speed down narrow streets - you never know what might run out in front of your car.

 

Wow, I did not know cops are not required to respect traffic and parking laws. 

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2 minutes ago, yourkeau said:

Are you American, Ana1984?

 

There is no this bullshit in Europe. You violated the rules, you pay the fine. There is nothing to contest.

 

It is not that which i want to contest. I have proof I was speeding. That is not my question.

 

Where I come from (Manitoba, Canada), cops are required to respect traffic laws, like everyone else. You can contest a fine if done illegally, based on my knowledge. 

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You can contest it but you might not have success.  I know someone who got a ticket for not stopping at a red light before making a right turn on a green arrow.  He said he stopped.  Police said he didn't.  They followed him to his house and gave him the fine when he got out of his car.

 

He contested the ticket and months later it went to court.  His lawyer made the policemen look a bit stupid and the judge was not convinced and threw it out.  However, if you have to pay for a lawyer, you'll be spending a lot more than 25€

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3 minutes ago, Ana1984 said:

 

Wow, I did not know cops are not required to respect traffic and parking laws. 

The real problem is that you did not know that you are required to respect traffic (and parking) laws.

 

Cops may park there, as it is a property of the state. You can't. 

You may not tow cars. Cops can.

You may not impound driver's licenses. Cops can.

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Just now, Ana1984 said:

Where I come from (Manitoba, Canada), cops are required to respect traffic laws, like everyone else. You can contest a fine if done illegally, based on my knowledge. 

So, you can park in a no stopping zone and be sure you won't get any fine, because police cannot stop in the no stopping zone? That sounds ridiculous.

 

In Germany police can do whatever they want if it is safe (i.e. they can run the red light but do so that no accident happens). Sure, they have (morally) to respect the rules, but they can break them if this is necessary to do their job.

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11 minutes ago, yourkeau said:

Are you American, Ana1984?

 

There is no this bullshit in Europe. You violated the rules, you pay the fine. There is nothing to contest.

Europe is not one country, yourkeau - as you know😀

 

Just a reminder there are the likes of Greece etc..😀

If the  cop's cousin is Manolis or Petros etc and you point out you are the ex- cousin's future son-in-law third time removed--- other rules😂

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1 hour ago, Ana1984 said:

Hi all,

Today I got caught speeding in a residential area, I was 11 km/h over the limit (30 km/h). I admit, it was my fault. Penalty is 25 euros. No biggie. 

However, the policeman who gave me the ticket was in a civilian car, which was parked illegally, on the grass between the road and pedestrian sidewalk. You just can't park there. 

My question to you all: is the ticket legit? 

Do I have a chance to contest it? I mean, I admit that I drive too fast, so the issue is not with the deed itself.

 

Thank you all who reply. 

 

A.

An Unmarked Police Car  can park wherever needed to catch speeding Canadians!  Just as Canadian police can! You must come from a very deserted part of Manitoba:o

Why even contest as you admit to speeding?

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1 hour ago, john g. said:

Just a reminder there are the likes of Greece etc..😀

If the  cop's cousin is Manolis or Petros etc and you point out you are the ex- cousin's future son-in-law third time removed--- other rules😂

Ah, you don't necessarily need to be relatives in Greece. €10-20 is fine as well 🤑. Costa gar nichts.

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2 hours ago, Ana1984 said:

Where I come from (Manitoba, Canada), cops are required to respect traffic laws, like everyone else. You can contest a fine if done illegally, based on my knowledge. 

Irrelevant for the case. Even if it were illegal for him to park there, it has zero effect on the fine.

The parking could be illegal but the speed measurement would still be legal.

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1 hour ago, RedMidge said:

An Unmarked Police Car  can park wherever needed to catch speeding Canadians!  Just as Canadian police can! You must come from a very deserted part of Manitoba:o

Why even contest as you admit to speeding?

Not true at all...

 

A Parked police speed control vehicle needs to be in an officially recognised or permitted place..

 

If there was just one officer in an un-offical place... you may stand a chance of contesting it...

However, if there were 2 officers, then the passenger will have given the driver to park the vehicle at that location!

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5 hours ago, Ana1984 said:

However, the policeman who gave me the ticket was in a civilian car, which was parked illegally, on the grass between the road and pedestrian sidewalk. You just can't park there. 

 

Do I have a chance to contest it?

 

 

- can't really think how you would go about contesting the speeding fine, other than with the following:

 

"I saw a car parked illegally, so drove faster to get past it" - which won't help you one bit

 

or

 

"I was distracted bya car parked on the verge, where it shouldn't have been, and was distracted from watching my speedometer" - which will get you into even more shit for not driving with due care and attention!

 

Probably the best thing to do is simply pay up and put it down to experience.

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In Germany the police has to follow the rules too. Any evidence that was required illegally can be thrown out. You need someone who really knows the Polizeigesetze in the Bundesland where this happened. Usually you would need to consult a lawyer to get a reliable answer or start reading the relevant laws yourself. I am not going to do it 🤗

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9 hours ago, Ana1984 said:

 

Wow, I did not know cops are not required to respect traffic and parking laws. 

 

Victim: Why is the Police not yet here?  The robbers are running away!

911 Operator: Sorry, the Police is already in your street but they can't find a parking place.

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1 hour ago, Namu said:

In Germany the police has to follow the rules too. Any evidence that was required illegally can be thrown out. You need someone who really knows the Polizeigesetze in the Bundesland where this happened. Usually you would need to consult a lawyer to get a reliable answer or start reading the relevant laws yourself. I am not going to do it 🤗

Not necessarily so.  It depends upon the totality of the circumstances.  Evidence gathered illegally will not uphold a crime.  True, although there have been exceptions.  However, if a police car is parked illegally to carry out official duties (speed control) the photos of the speeding cars and drivers are not 'obtained' illegally.  It depends upon the definition of 'illegally' and by definition meaning where is the police car parked?  A question for the OP:  What do you mean by 'illegally' parked?  Was it facing on-coming traffic?  Parked in a handicapped place? 

 

Parked on private property to carry out this action is not authorised.  Parked on the side of the Autobahn is authorised.  For us citizens, we cannot park on the side of the Autobahn... emergencies are allowed.  Police speed control can. 

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10 hours ago, Ana1984 said:

Hi all,

Today I got caught speeding in a residential area, I was 11 km/h over the limit (30 km/h). I admit, it was my fault. Penalty is 25 euros. No biggie. 

However, the policeman who gave me the ticket was in a civilian car, which was parked illegally, on the grass between the road and pedestrian sidewalk. You just can't park there. 

My question to you all: is the ticket legit? 

Do I have a chance to contest it? I mean, I admit that I drive too fast, so the issue is not with the deed itself.

 

Thank you all who reply. 

 

A.

 

It's not clear by the above whether the policeman was on duty or not. Which doesn't matter, because even a policeman, who is not on duty is allowed to issue tickets for wrong parking, and generally intervene when necessary.

 

The issue is whether a policeman is allowed to ignore the parking rules. According to the article below it's allowed during a police operation, also in civilian cars. But generally they have to obey the traffic laws like everyone else: 

https://www.derwesten.de/staedte/essen/der-einsatzwagen-steht-im-absoluten-halteverbot-ist-das-erlaubt-so-duerfen-polizei-und-co-parken-id211551125.html

 

 

Quote

 

Auch die Polizei darf ihre Autos im Einsatz abstellen, wo sie will. Das gilt nicht nur für Streifenwagen, sondern auch für Zivilfahrzeuge. Oberstes Gebot auch hier: Die Verhältnismäßigkeit. „Wir versuchen immer gebührende Rücksicht auf die anderen Verkehrsteilnehmer zu nehmen", sagt Ulrich Faßbender, Sprecher der Essener Polizei. Auch er kennt die Beschwerden von Bürgern über falsch parkende Einsatzwagen. „Wenn wir auf der Rüttenscheider einen Einsatz haben, bleibt aber meist keine andere Möglichkeit.

 

Diese Ausnahmen gelten allerdings während des Einsatzes. In der Mittagspause darf sich auch die Polizei nicht einfach in die zweite Reihe oder ins Halteverbot stellen, um beim Bäcker ein Brötchen zu holen. „Die Beamten können dann auch nicht sagen, wir müssen ja in Bereitschaft für den Einsatz sein", sagt Faßbender. „Wenn wir keinen Einsatz haben, müssen wir uns an alle Verkehrsregeln halten." (ds)

 

 

 So you could report him and let the police deal with it. But maybe he was on duty inkognito for speed control purposes. 

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Is it really worth the hassle? It's 20 Euro's, people blow more than that on a round of drinks. Accept it, learn from it and move on. If that's all you have to worry about, I envy you.

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If you're really that passionate about it, dispute the ticket (use the form on the back of the notice they sent you) because the policeman was parked illegally.

 

The police will then either confirm that they can park there if the situation demands it (to set up a speed camera with a clear line of sight and without impeding traffic, for example) and add a processing fee to your ticket - which will essentially double it - or issue a heartfelt apology for their mistake and send you a box of chocolates.

 

Your call.

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