Help Please! Received ticket from Bradford Council - but no offence committed!

mushyg99

yes this is the street

the bottom left side, where the three cars are parked was my spot.

yes the yellow lines indicate no parking where the lines are -
but the area where the cars are parked is a parking area with no restrictions...

also the tickets does not state that i parked illegally but i parked outside prescribed hours

there are no sign, and no bay markings on this spot

Meepster

But there's a sign on the "one way street" sign that states no stopping between 8am and 8pm...

DaveF327

mushyg99 wrote: »

yes the yellow lines indicate no parking where the lines are -
but the area where the cars are parked is a parking area with no restrictions...

also the tickets does not state that i parked illegally but i parked outside prescribed hours

there are no sign, and no bay markings on this spot

Sorry to burst your bubble, but waiting restrictions indicated by yellow lines apply to the carriageway, pavement and verge as per the traffic regulation order. See the text at the top of page 2 of this document: http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_070563.pdf

Unless you can prove that the entire area was private property (which is unlikely as there appears to be a footpath between the cars and the building) then there's no doubt that you have committed an offence. The offence is failing to comply with a traffic regulation order. PCNs issued to this end usualy state code 01: Parking in a restricted street during prescribed hours. The prescribed hours are 24 hours a day, 7 days a week in this case. "in a restricted street" means anywhere on that side of the carriageway up to the building line.

Your only hope now is if NeilB or someone similarly qualified can find a technicality in the PCN.

mushyg99

appeciate your comments, i agree with you as you know more than me.

however if you look at that pic there are cars parked there all the time - no excuse fair enough, but furthermore the cars further on are parked on a similar patch, i thinkits the white car.

there are signs regarding prescribed hours there, but nothing here!

can anyone help with any techinicallities please?

flyingscotno1

mushyg99 wrote: »

appeciate your comments, i agree with you as you know more than me.

however if you look at that pic there are cars parked there all the time - no excuse fair enough, but furthermore the cars further on are parked on a similar patch, i thinkits the white car.

there are signs regarding prescribed hours there, but nothing here!

can anyone help with any techinicallities please?

Yes he is correct the yelllow lines are in force on that bit if public highway.

The bits with prescribed hours (where the 4 cars starting with the Passat are parked) is a single yellow line indicating parking is allowed there some of the time, hence why there is prescribed hours. Double Yellows prohibit parking 24/7 (in nearly all cases!) so no signs or hours are required- see a DYL, it means no parking full stop.

mushyg99

thanks lads
so i've no chance basically???

DaveF327

mushyg99 wrote: »

thanks lads
so i've no chance basically???

Not really, no. The PCN appears (to me) to be legally worded too, unless someone else can point out something I missed.

Given that no-one has jumped at the chance to pick out invalid details on the PCN by now, I really think you should pay the reduced penalty before time runs out.

mushyg99

i've written to them saying that due t lack of signage I parked there, and had i known i would sincerely have not parked in that area - which everyone has been doing for many years - even the pic on here shows that from googlemaps

so i will wait for their answer and take it from there

so you think i should just accept and pay for it>

DaveF327

Well, there's no harm in trying, but I know exactly what they'll say...

mushyg99

somebody has told me that the :
The PCN is flawed. It says that a notice to owner will be served on the registered keeper - it should be served on the person appearing to the council to be the owner of the vehicle.
is this accurate, do i have anything on this??