Parking ticket

Neil_B

[QUOTE=scully91;16469061
There were no signs in the street so how was i in contrvention?[/QUOTE]

Bottom line Scully - you do not have a case from what i have seen so far. I have no quibble in telling you that.

It has been mentioned a few times that you were in contravention of the yellow lines. these apply across all of the highway, which includes the footway.

You have been unfortunate because this forum is not very well moderated - that you have been interrupted by irrelevant opinion. In the legislation that does apply though - no case.

Two small chances.

There may be an error on the rest of the PCN - but it will need to be substantial to give any chance of success.

There is always a possibility that the restrictions on the road have not been properly implemented. To check this you would have to visit a Council office and check the relevant Traffic Regulation Order - to make sure it matched the restrictions and that it had been correctly introduced through being signed, sealed and advertised, etc. That is quite a hike!

scully91

Neil, thankyou. But where is the law, the document that states this about the yellow lines?

amy212

Hi sorry to go off in a diff direction but i am in a spot of bother
I'm a student and live away from home, now i had a parking tickket ages ago and appealed against it and they rejected.
I was going to pay it but ive been so busy with uni work i forgot no yesterday a baliff left a letter at my parents address saying he will visit again today i called him he was very cold and heartless didnt care that i was a student etc........ anyways i offered to pay in instalment but he was not having any of it.
no it like £375 and i dont have that kind of money what can i doo heellppppp

DirectDebacle

Neil_B wrote: »

Oh please please link me to the relevant part of that legislation. I'd love to be reassured.

No it wasn't illegally parked - according to the law of the land - it was parked in contravention of restrictions.-

I said the vehicle was illegally parked. You asked for relevant legislation so I obliged. You responded with sarcasm. If you think you might not like the answers to your questions then perhaps you should think twice before asking them. Just because the PCN was issued for an offence other than obstructing the highway does not mean that offence was not committed.

A useful thread all round. You stated,' i have already clearly said that I find footway parking abhorent.' There is a law of the land that you are now no longer ignorant of. You should be pleased to know that your distaste of footway parking has been enshrined in law. I have learnt that yellow lines also apply to footpaths and the OP has learnt that parking on a footpath is an offence in its own right (it doesn't require sineage) and is not a way of avoiding regulations surrounding double yellow lines. Did he/she really think that?

This is a money saving site. My opinion, which is not shared, is that in this particular example the OP should have saved himself £35.00 by paying the charge within the 28 day period and learnt from the experience.

DirectDebacle

amy212 wrote: »

Hi sorry to go off in a diff direction but i am in a spot of bother
I'm a student and live away from home, now i had a parking tickket ages ago and appealed against it and they rejected.
I was going to pay it but ive been so busy with uni work i forgot no yesterday a baliff left a letter at my parents address saying he will visit again today i called him he was very cold and heartless didnt care that i was a student etc........ anyways i offered to pay in instalment but he was not having any of it.
no it like £375 and i dont have that kind of money what can i doo heellppppp

Hi, I think unless you are going to challenge the ticket again (unlikely) then you may be better off posting this on the DFW (Debt Free Wannabe) Forum. There are many knowledgeable posters on there who will be able to give good advice re Bailiffs/Debt collection matters. Deal with this with quickly as costs can rapidly mount up.

Good luck.

peter_the_piper

amy212 wrote: »

Hi sorry to go off in a diff direction but i am in a spot of bother
I'm a student and live away from home, now i had a parking tickket ages ago and appealed against it and they rejected.
I was going to pay it but ive been so busy with uni work i forgot no yesterday a baliff left a letter at my parents address saying he will visit again today i called him he was very cold and heartless didnt care that i was a student etc........ anyways i offered to pay in instalment but he was not having any of it.
no it like £375 and i dont have that kind of money what can i doo heellppppp

It would be a good idea to start your own thread for this and I am sure Neil and others will be able to assist you without it becoming confused with the current thread.

Neil_B

scully91 wrote: »

Neil, thankyou. But where is the law, the document that states this about the yellow lines?

The 'highway' is defined in Section 329 of The Highways Act 1980, parts of which a referenced by and hence incorporated into latest legislation.

Highway = Carriageway, footway and verge.

Noy sure of which particular legislation defines the effect of yellow line restrictions. Often mentioned by legally knowledgable elesewhere but just to help i'll do something I never do - quote from the Highway Code (really only guidance but generally accurate)

Waiting restrictions
Waiting restrictions indicated by yellow lines apply to the carriageway, pavement and verge. You
may stop to load or unload (unless there are also loading restrictions as described below) or while
passengers board or alight. Double yellow lines mean no waiting at any time,

You're welcome to show the rest of that PCN if you can but not looking good.

derrick

scully91 wrote: »

Ah well done debacle, very good, yes it was code 01, being parked in a restricted street during prescribed hours.
There were no signs in the street so how was i in contrvention?

Signs are not required for double yellow lines,( no parking at any time) "Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs" , and yellow line restrictions extend up to the wall.

It is also illegal to park on the pavement, ( pavements for pedestrians, roads for vehicles).

Neil_B

DirectDebacle wrote: »

I said the vehicle was illegally parked. You asked for relevant legislation so I obliged. You responded with sarcasm. If you think you might not like the answers to your questions then perhaps you should think twice before asking them. Just because the PCN was issued for an offence other than obstructing the highway does not mean that offence was not committed.

My point was that raising quotes of legislation that were not relevant to the case in hand was irrelevant and unhelpful. Scully had clearly explained that it was a Council issue and referred to the yellow line restriction.

On the particular issue of pavement parking - like I said, people are entitled to a mistake and to learn, whatever else I think. Hardly the worst case was it and no real obstruction caused. One of those situations where it has become common practice for locals - as can be seen by several other vehicles. Any sudden decision to enforce should, in any reasonable world, start with warning notices but that wouldn't grab any money for the Council coffers would it!

-
Scully. Seen the back of PCN now in your updated photobucket link. All compliant - congrats to Warwick DC - perhaps they could educate their neighbours.

DirectDebacle

Scully,

Thank you for posting the additional photographs. They appear to show that the double yellow lines have been put there as part of a road safety scheme. Your property is on a stretch of road that is sandwiched between a pedestrian crossing and a road junction. For safety reasons this stretch of road needs to be kept clear of parked vehicles. It is not in this case a parking restriction put in place merely for revenue raising purposes.

I understand your annoyance that you think you may have been singled out from your neighbours. It might be a good idea to inform your neighbours of the parking restrictions that apply and that they too are committing offences and may receive a ticket. Doing that would perhaps present an opportunity to discuss with them approaching your council as a group. You could request them to consider making parking bays available on your wide pavement. I know of other councils that have done this and on pavements not as wide as yours. Lewisham Coucil have such a scheme and it is free.

They may be amenable to considering this but would probably have a site survey done by a road safety adviser. Be aware that this may not lead to legal parking for you and your neighbours. It might backfire and you could find physical barriers in place to prevent any pavement parking at all. The other alternative is to let sleeping dogs lie, carry on as before but be prepared to accept that from time to time vehicles will be ticketed.

In case you are in any doubt, the information put on here stating that parking on the pavement is not illegal, is wholly false. Believing such rubbish could make you liable to arrest, a magistrates court hearing and a fine of up to a maximum of £1000.00. This applies whether there are other parking restrictions in force or not.