Can a PCSO issue Producer? - njgleeds
This afternoon whilst picking up a passenger at a large airport, I was signalled to pull over by a PCSO. I was informed that I had comitted an offence by stopping on ziz zag markings at a crossing, and that she was going to issue a fixed penalty notice for £60 and three points!! She then proceeded to examine my cab, and recorded the details of my hackney carriage badge, whilst twice stating that I should have pulled into the correct zone (I Know!!)
After asking various questions such as my height, any tatoos etc, she passed me a green 'producer' slip requiring me to show my licence, insurance and MOT, even though I had offered her my licence already and pointed out to her that as a Hackney carriage, it doesn't require a MOT. She then muttered about how my offence merited three points but that would take too long to issue so she would give me a non-endorsable £30 ticket instead. At this point, she sealed the notice and literally threw it across me so as to land on the passenger seat.
My question is... Upon examining the green producer slip, She has spelt my address wrong, put down the wrong postcode, not asked for a signature when giving me the slip and also left the box which states where the documents are to be produced blank too, despite me twice asking where the docs were meant to be shown (and incidentally, ignoring my requests.)
I appreciate I was in the wrong and intend to pay the £30 but what should I do with regards to the producer?
Any advice gratefully recieved.....

Edited by Pugugly {P} on 16/10/2007 at 22:21

PCSO Producer? - Pugugly {P}
PCSOs in most parts of the Country have a power to stop and ask for Driver's Licence. In my area no power to produce an Insurance or MoT. No power to issue an Endorsable FPT. They do have a power to FPT for Obstruction. There is no standard set of UK Powers local Chief Constable can give certain powers - but only certain ones. Not sure what Airport you were at that may be different. I would produce, what I imagine will happen and happened here to a client of mine was that a PCSO booked a car for obstruction, couldn't ask for docs (and PNC showed an expired MoT) So a Police Officer wrote a letter to the reg. keeper to produce all the docs which they did, they got booked fo no MoT. In my opinion all above board and actually a nice creative bit of Policing to bring an offender to book. The Road Traffic Act doesn't actually disallow (or for that matter allow) a letter to be sent, it was as I say a creative bit of Policing.

Personally I think its a scandal that these PCSO powers have been so mismanaged by the Justice Dept (or whatever), I an get handcuffed by them in one part of the country whilst over the Force border (which means nothing to the public) they haven't got that power. (they'd have to catch me first though)

Edited by Pugugly {P} on 16/10/2007 at 22:20

PCSO Producer? - njgleeds
Thanks for the speedy reply PU.
It was actually Birmingham International... So if they don't have the power to issue an Endorsable FPT, what on earth was she playing at, threatening me with one and letting me sweat for 15 minutes while she did everything else? No wonder people seem to have little respect for them (PCSOs I mean)
With regards to the producer though, where exactly should I produce them or should I wait until the police get in touch once they've examined her attempt at completing the ticket?
Yours...
PCSO Producer? - Bill Payer
As PU alluded, everything gets very hazy at airports (and ports) these days - surprised she wasn't armed and threatening to shoot you!
PCSO Producer? - Pugugly {P}
I'd produce, I doubt whether there are, but there may be special powers at Airports.

"what on earth was she playing at, threatening me with one and letting me sweat for 15 minutes while she did everything else?"

Precisely that probably. Nothing wrong with a bit of worry ! :-) It would almost certainly have been a 3 pointer had it been a Police Officer.
PCSO Producer? - Pugugly {P}
What powers do PCSOs have?
The powers available to PCSOs vary from force to force. In the West Midlands Police their powers are limited but, for example, they can:
? Confiscate alcohol and tobacco
? Issue fixed penalty tickets for some minor offences
? Remove abandoned vehicles
? Require the name and address of anyone behaving anti-socially
? Carry out road checks (with a constable)

Courtesy of West Mids Police Website. See its a "for example". Excellently vague. Ironically on the same page as their Specials, an honourable, ancient and very British way for a citizen to Police their own community - Ironic in the sense these guys have the full range of powers and do it for nothing whilst PCSOs are paid almost as much as bottom rung Officers and have very limited almost surreal powers. Posted without prejudice to some of the PCSOs I know who work hard and are committed to their communities but with total prejudice to the department who thought them up and the consequent mishandling.

22.06
Laughed like a drain - been to their recruiting website (not that I'm thinking of a second career) The first qualification is and I quote "The applicant must be 16 years of age.." So that makes it a rather shallow recruiting pool. I wish I was a Moderator there !

Edited by Pugugly {P} on 16/10/2007 at 23:09

PCSO Producer? - jbif
"The applicant must be 16 years of age.."

Well you can have another laugh.
www.dorset.police.uk/careers/pcso/pcsofaq.shtml
"There is no minimum age to become a PCSO". You qualify on age the minute you are born.

PCSO Producer? - Pugugly {P}
And have proficient English I note.
PCSO Producer? - jbif
"And have proficient English I note."

That rules out the copywriter of the West Midlands Police web site, and perhaps 90% or more of the native population of the UK.

PCSO Producer? - Dwight Van Driver
PU

Whilst I appreciate that a Police Traffic WARDEN could issue FPN's for Non Endorseable traffic/parking offences , they did have the the power to ask name and address and produce Driving Licence. (Functions of Traffic Wardens (Amendment ) Order 1986.)

I also understood that under decriminalisation of waiting/parking restrictions, their role was handed over to LA provide Civilian Enforcement Officers (Road Traffic Act 1991) who do not have the power to see documents or even demand name and address. All they can issue are Penalty Charge Notices So has been the slow demise of the Police Traffic Warden.

But hallilooyah enter the Police Community Support Officer that looks like a real Plod but inside that dayglo yellow has very limited powers and these are outlined at Police Reform Act 2002 Schedule 5 and The Police Reform Act 2002 (Standard Powers and Duties of Community Support Officers) Order 2007 (inforce 1.12.07). Non of these powers I can see give the authority to do what has been reported. I do understand that there is a power of the Chief Constable to accredite his plastic troops with certain powers and it may be this has been the case because PRA does not authorise in detail that which took place as far as I can see.

In view of the very unprofessional manner the poster was dealt with I would be mindful to write to the Chief Constable (without rancour or insulting terms) as to what took place in relation to manner dealt with and the errors made on the FPN , query the power to issue the FPN and suggest that this may be a suitable case for the FPN to be withdrawn.

Obviously if the person issuing the ticket had the logo on his back/shoulder tabs that they were a Traffic Warden then all was in order apart from manner and mistakes on the ticket.

We are sure that it wasn't a CEO employed by Birmingham Airport Authority ?????(yellow coat all look the same)

dvd
PCSO Producer? - PoloGirl
A few posts gone from this thread (and a few others that got caught in the deleting process).

Keep it to motoring, or the original question please.
PCSO Producer? - njgleeds
dvd...

Many thanks for your comments... It was definately a PCSO who accosted me... She had a blue 'PCSO' badge on her cap and also filled in her details on the producer as PCSO **** ##########, Solihull

njg
PCSO Producer? - njgleeds
Whoops... ran out of time whilst editing...

I meant to add that I don't actually dispute the FPN which appears to be filled in correctly, qouteing an offence of 151 Obstruction of a zebra crossing.

My points were....

a) The manner in which I was dealt with was bordering on unacceptable, not only in my opinion but also in that of my passenger who happened to be a senior manager of a world wide blue chip company, and

b) What is my best course of action with the 'producer' considering the various mistakes/ommisions , not least the fact that it doesn't specify where exactly I am supposed to 'produce'....

In actual fact, all the parking and enforcement at BHX has been farmed out to NCP meaning it is now impossible to pick up or drop off anyone within the airport boundary without paying a minimum charge ( or risk getting collared by an overly aggresive PCSO)

Yours, njg

Edited by njgleeds on 17/10/2007 at 22:20

PCSO Producer? - Dwight Van Driver
The requirements under Road Traffic Act 1988 S 164 ( 165 Ins) are that a driver of a vehicle on a road (and certain others) must, on being so required by a constable, produce his licence for examination,

If a person required to produce a licence to a constable fails to do so he is, guilty of an offence.

But, in proceedings against any person for the offence of failing to produce a licence it shall be a defence for him to show that?

(a) within seven days after the production of his licence was required he produced it in person at a police station that was specified by him at the time its production was required.

Firstly there is no requirement under the Act that they must issue a Form Called HO/RT/1 (my day - believed something MSG now) which is nicknamed 'a producer' which will contain date and time, personal /vehicle details and nominated Police Station.

If the poster verbally stated a Police Station at the time and later produces then that is that. Some may claim a Nick Freeman get out if the Police Station was only mentioned by the PSCO but to me that is only relevant to ones defence. The offence has been committed when first approached and asked to produce and could not.

At the moment I am still unhappy under the circs described that PSCO have the power described.

I applaud the fact that the Poster realises that in the spirit of the law he has committed an offence and wishes atonement by paying.

If, it is considered that a letter be sent as I stated then take particular care that matters are concluded within 28 days of issue of the FPN otherwise they can take the matter to Court.

There is no information in the post that the Traffic Regulation Order or signage is defective on which to mount a ddfence if it dio go to Court.

dvd
PCSO Producer? - njgleeds
Hi dvd...

Firstly, the PCSO only asked for my Hackney carriage badge and proceeded to carry that around the vehicle with her whilst she completed her checks. At no time did she ask to see my DVLA licence, which I actually had in my hand.

Secondly, I never stated any particular police station; I asked her twice where I should produce the documents and was ignored on both occasions.

Incidentally, it was indeed a HO/RT/1....

Yours, njg
PCSO Producer? - Mapmaker
Some may object to the suggestion, but I'd go to my local police station with all my docs and produce. You lose nothing - and might save yourself a load of hassle.

You were in the wrong, as you admit. I would suggest that 15 minutes of sweating was a greater threat/penalty than the £30 - as PCSO probably knew. It's a standard technique of plod, and to my mind it works pretty well. I bet you don't stop on that zebra crossing ever again... and after all if everybody stopped on every zebra crossing there would be no traffic flow, ever!
PCSO Producer? - Dwight Van Driver
So she gave you an RT/1 for all three.

Does this qualify as a 'request' to see you docs.

Arguable both ways.

If tasked she will no doubt confirm the request verbally which is why she gave the RT/1

As stated above -its been given so visit the Plodshop and produce. At the same time ask to speak to a supervisory Officer and discuss whether PSCO has the power to request. Just spoken to Ploddaughter who tells me it will all depend accrediation by the Chief Constable.

dvd
PCSO Producer? - Dwight Van Driver
PS.

Forgot to mention - under the law it is you that has to elect the Police Station not the PSCO.

dvd
PCSO Producer? - Pugugly {P}
My advice is produce them.
PCSO Producer? - njgleeds
Hi everyone... Many thanks for your comments/advice

"You were in the wrong, as you admit. I would suggest that 15 minutes of sweating was a greater threat/penalty than the £30 - as PCSO probably knew. It's a standard technique of plod, and to my mind it works pretty well....Mapmaker"

In actual fact I got the £30 too... My issue was with her threatening to give me an endorsable FPN when she had no authority to do so.

"If tasked she will no doubt confirm the request verbally which is why she gave the RT/1... dvd"

No doubt, even though my passenger would be willing to testify that she didn't...

To be honest though, I really can't be bothered to make a stand.. like you all say It is easier to just produce and shut up. It just rankles me deep down that these people can get away with sloppy procedures etc , but on the other hand I don't think it would have bothered me as much if it was a 'proper' police officer who had made the mistakes... Is that wrong I wonder??

njg
PCSO Producer? - WillnRach
Do some research, then make a formal complaint against the officer in question, remember they are civilians, they have no rights as police officers, although they have been given powers to question people but only if they feel an offence has or about to be committed but then they must also inform the station where they are based. basically plastic police. without a signature u may aswell not go to police station and argue the fact that you were even there.

snipquote

Edited by Pugugly {P} on 18/10/2007 at 20:38

PCSO Producer? - Westpig
go to a convenient police station, explain briefly your circs re not knowing where to produce...they won't want to know, because A, they'll be extremely busy and B, it will be crewed by the most junior cop or a civilian who will only stick to the rules.

explain that you've sought advice from an experienced officer and his advice is for you to produce to a station...and that Station Officer examine your docs, then date stamp (with force/station crest thereon) a piece of memo pad and sign it confirming you attended and your docs were correct.

then if PCSO stroppy pants drops you in it later, you can easily prove, that within 7 days you did attend a police station with all your docs but no one was interested because she didn't do her job properly and fill in the forms correctly.
PCSO Producer? - njgleeds
Many thanks... I'm away north for a week in the morning so I'll call into the local police station whilst I'm up there and do as you say, westpig.

njg
PCSO Producer? - Fullchat
Surely PCSO 'Stoppy Pants' has put their ID number on the Producer. In which case wherever the documents are taken will be able to do a quick check on their IT system, find out where 'Stroppy pants' is based and stick the HO/RT2 in the internal mail. Thats providing its the same Force area.

As an aside I discussed this with one of my Student Officers who has come over to the Dark Side from PCSO land. He stated that our PCSOs could deal with both endorsable and non-endorsable tickets for static offences and likewise could give producers as they were given Traffic Warden powers after the yellow rats were privatised. Most of the Traffic Wardens transferred to the PCSOs and wear a little badge stating 'Traffic'.
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Fullchat