any help please..

jodie114

we recieved a ticket just before xmas stating that we had put 2 wheels on the kerb. However, the entire road is like this, on both sides of the road, inc. the residents bay otherwise the road would be blocked. We parked at the end of the residents bay, on a single yellow line, with a valid blue badge, and clock set to the correct time. I was going to the dentist, as as my husband drives, he had to park there to physically help me out the car and into the surgery (due to disability). he was gone literally 5 mins.

we have done a simple contestion, and have been refused, stating that the ticket was issued correctly, and to pay or appeal again.

can i?
is there a better way to explain it?
it was redbridge council if thats any help.

thank you

jodie

Neil_B

Confused? were you on the footway or not? Is the bay you mentioned marked on the footway or partially so?

Neil_B

Ah, think I've got it. Beyond any bays and straddling a yellow line with two wheels off the carriageway.

Slam dunk I'm afraid. You were exempt on all the other circumstances you mentioned but footway parking is a blanket contravention in London. No need to do it given your exemptions.

jodie114

ok, but what therefore about the fact that behind us, all the way up both sides of the road (in resident bays) cars were all parked the same way, and not one other car was ticketed? - and i did get pics that show that. Surely there is a question that has to be answered about why the disabled car was the only one ticketed?

oh, and there actually was nowhere else to stop, the road leads to a dual carrigeway that there is no way i could have stopped on safely.

Orford

ok, but what therefore about the fact that behind us, all the way up both sides of the road (in resident bays) cars were all parked the same way, and not one other car was ticketed?

Annoying, but sadly not a defence

Neil_B

jodie114 wrote: »

ok, but what therefore about the fact that behind us, all the way up both sides of the road (in resident bays) cars were all parked the same way, and not one other car was ticketed? - and i did get pics that show that. Surely there is a question that has to be answered about why the disabled car was the only one ticketed?

oh, and there actually was nowhere else to stop, the road leads to a dual carrigeway that there is no way i could have stopped on safely.

Hard to say without pics. I imagine they were all legally parked in bays marked partly or wholly off the carriageway and with footway parking exemption start and finish signs (little blue ones).
The yellow line intervenes for a purpose - to provide a section of road where boarding/alighting can legitimately take place and also sometimes loading. This would be unlikely to include partial footway parking - unless you want to check the signs?
Yep - unlikely to be able to easily stop on a dual carriageway - but did you actually check those restrictions.
Also, i mean no offence - just being realistic, they are not the only two roads in Redbridge are they.

jodie114

i appreciate your advice.

no, they are not the only 2 roads in redbridge, but they are the only two i can walk from, and make it to the dentist from, without having angina pains, so i really had no choice.

so for future reference, although this time my OH parked two wheels up to assist me, letting traffic through, if he caused a obstruction by parking all 4 wheels down that would be ok?

Neil_B

jodie114 wrote: »

i appreciate your advice.

no, they are not the only 2 roads in redbridge, but they are the only two i can walk from, and make it to the dentist from, without having angina pains, so i really had no choice.

so for future reference, although this time my OH parked two wheels up to assist me, letting traffic through, if he caused a obstruction by parking all 4 wheels down that would be ok?

As daft as it sounds yes! I don't make the rules! A policeman could feasibly do you for obstruction (far cheaper) and I'm not sure what the Council would do in that situation. Roads of limited width are often mentioned on forums.

If you really want to be absolutely sure you can go and view the relevant Traffic Management Order for the street and check that restrictions and signage tally with it. For off carriageway parking though I am not sure it will help even if flawed.

jodie114

My computer died, so ihave only just got back online.

How do i check those orders?

and what little blue lines? - sorry, as a non driver myself, and with the driver honestly not aware of this kerbside "rule" this is all new.

thanks

Neil_B

jodie114 wrote: »

My computer died, so ihave only just got back online.

How do i check those orders?

and what little blue lines?

You are entitled to view the TMO at Council offices. They may only charge minimal copying fees if you want a copy.
Start by phoning to find out where and don't take no for an answer - your right is covered by statute (not FOI - more specific). Often the main library as well as parking services offices.

Little blue signs not lines. I'll see if I can find a pic but they are not prohibitive they are exemptive and are not required where the blanket prohibition exists.

Neil_B

http://www.opsi.gov.uk/si/si2002/02311362.gif

There is also a 668 version which facilitates parking wholly off carriageway.

If the 667.1 or 668.1 'end of exemption' one was missing then you potentially have a case.

For the TMO the only relevance in this particular case is if the 'allowed' area has been marked as the TMO describes - i.e. if it is shorter then you have potential for a case.
For the contravention itself then the TMO doesn't matter because the restriction is covered by specific London legislation.

I hope that makes sense.