No Mirrors, Damaged Car, Or A Parking Fine For Being On The Curb...:(

bubbles23_2

I've just had a fine for parking a little on the curb outside my flat .

Up until one week ago i used to park on the other side of the road opposite my flat, to the side of a business (it's a one way road, so most people park on the left too). I've never parked on the curb before one week ago.

Anyway, one week ago my car got kicked all along the side, leaving scratches and two big dints, so i thought i'd start parking the other side instead. In the business/building opposite they have two days a week where they have what seems like a day off for naughty boys to do activities instead of school. The damage happened on one of these days....

So i thought my car would be better off on my side of the road, but the road is narrow so i put it on the curb a little. Now i have a £30 parking fine .

Just to make it even worse, there's a guy who owns the Chinese around the corner who has parked on double yellows every day since ive been here (about 8-9months) and has never had a ticket. This is the first time he's had a ticket that i know of too. It just happens to be the only week i decide to move my car to the other side on the curb.

It's so annoying, i can either risk having my car smashed in again, my mirrors knocked off by the bin lorry (if there's cars on both sides of the road), or a parking fine for being on the curb

Have i got a case to appeal?

This is a council fine. Thanks in advance.

bubbles23_2

Just to add, i've just noticed and been able to decipher the handwriting of the offense as 085 - unnecessary obstruction??? There's no double yellows or any entrances or access anywhere, what am i obstructing? The footpath?

anewman

Yep you are obstructing the footpath. I am sorry but not sure there's a way out of paying this one. I seriously doubt potential and actual previous criminal damage to the car would be any basis to appeal. Also check Pepipoo forums.

244You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

[Law GL(GP)A sect 15]

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860?CID=TAT&PLA=url_mon&CRE=highwaycode_parking

Just make sure you get your dues from the bin lorry people for knocking your mirror off.

Coupon-mad

Ask the experts on pepipoo to have a look at both sides of your PCN and the lines & signs there. Start a new topic with pictures just like other threads here:

http://forums.pepipoo.com/index.php?showforum=30

There may be some grounds to appeal even though you had wheels on the pavement.

d.ross_2

If you left enough space for a double buggy to get past on the footpath, then you could appeal on the same grounds that a friend of mine did a few months ago.

He never used to park on the footpath until the fire brigade put a leflet under his wiper regarding inconsiderate parking, and the fact that a fire engine wouldn't be able to get through the gap left between the two vehicles either side of the road. So not wanting to put anyones life in danger he started parking with two wheels on the footpath (leaving enough space for wheelchairs and buggys). Then to his horror he recieved a parking ticket for doing this. He of course appealed explaining why he had parked on the footpath, and he won the appeal.

Coupon-mad

d.ross wrote: »

If you left enough space for a double buggy to get past on the footpath, then you could appeal on the same grounds that a friend of mine did a few months ago.

He never used to park on the footpath until the fire brigade put a leflet under his wiper regarding inconsiderate parking, and the fact that a fire engine wouldn't be able to get through the gap left between the two vehicles either side of the road. So not wanting to put anyones life in danger he started parking with two wheels on the footpath (leaving enough space for wheelchairs and buggys). Then to his horror he recieved a parking ticket for doing this. He of course appealed explaining why he had parked on the footpath, and he won the appeal.

But it depends where you are. You wouldn't be likely to get an appeal like that allowed in London Boroughs where footway parking is a strict contravention with very few exemptions.

Doesn't mean people cannot win an appeal based on other flaws and technicalities of course, there's almost always something!

anewman

d.ross wrote: »

He never used to park on the footpath until the fire brigade put a leflet under his wiper regarding inconsiderate parking, and the fact that a fire engine wouldn't be able to get through the gap left between the two vehicles either side of the road.

They ought to see a road near me. That pile of leaflets they had printed would disappear.

d.ross_2

Coupon-mad wrote: »

But it depends where you are. You wouldn't be likely to get an appeal like that allowed in London Boroughs where footway parking is a strict contravention with very few exemptions.

Doesn't mean people cannot win an appeal based on other flaws and technicalities of course, there's almost always something!

The aea where my friend got a ticket is in an area where footway parking is a strict contravention. But if you are being told one thing by the fire brigade in order to allow them to get through, but the council give you a parking ticket, then this is surely a contradiction. Especially as they are both part of the local authority.

bubbles23_2

I was parking in line or closer to the road than a road sign which is on the pavement there anyway, so a double buggy could get through easily still. Everyone else on the road parks a lot further on the curb than me, but they don't get ticket, the only difference is their cars are outside their house, and not flats.

The area is residential and out of town. I just don't understand .

I'll start a thread as requested on pepipoo. thanks, and keep any other info coming.

paddedjohn

d.ross wrote: »

the aea where my friend got a ticket is in an area where footway parking is a strict contravention. But if you are being told one thing by the fire brigade in order to allow them to get through, but the council give you a parking ticket, then this is surely a contradiction. Especially as they are both part of the local authority.

your friend just got lucky, its not up to the fire brigade to advise you to park on the pavement just like you wouldnt ring the council if you had a fire.
the leaflet he received mentioned inconsiderate parking so he parks on the pavement? can you not see the irony here?

Torry_Quine

Did the fire-brigade actually say to park on the pavement though or did they jsut say that parking on both sides of the road made it too narrow for their vehicles? If they didn't actually recommend parking on the pavement which I doubt then you need to park elsewhere however difficult that may be.