Recd a PCN for stopping outside the school

sarahg1969

Minxy_Bella wrote: »

I take your point but even if the lines were not operational, then it's still highly dangerous to stop a car in the middle of the road and let a child out. What's wrong with parking legally and walking the child to the gates?

Agreed, but she has not received a ticket for droppng the child in the middle of the road.

juliescot

sarahg1969 wrote: »

Agreed, but she has not received a ticket for droppng the child in the middle of the road.

It would interesting to see the exact wording of the "offence" as I had a look at the signs outside our local school which state "No stopping Mon - Fri 8 am - 6pm on entrance markings"
Now the OP was not stopped on the markings so if that was the alleged offence then their may be some defence (legally, not necessarily morally)

Reggie_Rebel

SoniaS wrote: »

I stopped on the main road

Fine for gross stupidity, section 6, sub section 4

Moon_Maiden

New to site and lingo. Good advice and commentary. What's an OP?

pin1onu

OP = Original Poster.

OP, A lot of the zigzag lines outside schools are advisory only.

In order for them to be enforced there must be a Traffic Regulation Order for the street. This will state the location, dates, times that the restrictions are in force. If there is nothing in force then you can tick the contravention did not occur box.

Without such a document, the lines are just writing on the ground, from a legal standpoint.

A TRO is public document that is required to be on display in the offices of the council concerned. They may have it in electronic form and be able to e-mail it to you. If not you should be able to go into the offices and view a copy. (NB: You don't need to an Freedom of Information request).

There may be another defense but I need to check it first and will post back if it is applicable.

Bennifred

pin1onu wrote: »

OP = Original Poster.

OP, A lot of the zigzag lines outside schools are advisory only.

In order for them to be enforced there must be a Traffic Regulation Order for the street. This will state the location, dates, times that the restrictions are in force. If there is nothing in force then you can tick the contravention did not occur box.

Without such a document, the lines are just writing on the ground, from a legal standpoint.

A TRO is public document that is required to be on display in the offices of the council concerned. They may have it in electronic form and be able to e-mail it to you. If not you should be able to go into the offices and view a copy. (NB: You don't need to an Freedom of Information request).

There may be another defense but I need to check it first and will post back if it is applicable.

Annoyingly, this is true. The yellow zig-zags outside our (secondary)school don't have a TRO - result is chaos :mad: at going home time. Does anyone know how to get a TRO put in place?

juliescot

Bennifred wrote: »

Annoyingly, this is true. The yellow zig-zags outside our (secondary)school don't have a TRO - result is chaos :mad: at going home time. Does anyone know how to get a TRO put in place?

Try contacting your council.
http://www.glasgow.gov.uk/en/Residents/GettingAround/Parking/schoolkeepclear.htm

some background as to what our lot did

flyingscotno1

juliescot wrote: »

Now the OP was not stopped on the markings so if that was the alleged offence then their may be some defence (legally, not necessarily morally)

No real defence, otherwise I'll just park two inches to the right of the yellow lines. The only defence is if you were closer to the kerb on the otherside of the road than the side with the lines on it.

Lines cover back of footway (or adopted road) to centre of carraigeway.

juliescot

flyingscotno1 wrote: »

No real defence, otherwise I'll just park two inches to the right of the yellow lines. The only defence is if you were closer to the kerb on the otherside of the road than the side with the lines on it.

Lines cover back of footway (or adopted road) to centre of carraigeway.

Have you got a link for that? (Not that i doubt you I just like to have ammunition to back up arguments)

sebdangerfield

There may be another defense but I need to check it first and will post back if it is applicable.

I'm not aware of any defences for parking offences?

The only way of 'getting out' of your ticket is to prove there is a problem with the ticket, the lines or the TRO or the limitation of proceedings has expired for offences that qualify but none of those are defences per se.

The only problem is, if you try to get out of that ticket regarding the exact location of your wheels and it was a Police officer who issued it there are plenty of other RTA offences he could use which are more serious. The officer could then use what the OP has done to avoid a ticket to show the CPS how silly the position of the car was which could then be conveyed to the magistrate to easily prove other offences. A whole silly can of worms that needn't be opened.

You made a mistake, it really is a bit daft parking or dropping off anywhere near a school entrance for obvious reasons. You'd probably be better of just paying up.