FPN for parking in non-marked country lay-by

Norman_Castle

To me, and I expect most drivers, they appear to be lay by's with no parking restrictions. If they are passing places or to aid access to properties they need to be marked properly. Why are they there?. Fining people for parking here without proper signs looks wrong to me. The yellow lines are extensive and aged which shows ongoing parking problems. These areas would have been used regularly for parking and its unlikely you will be the first to be fined for parking there.

From the highway code http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_070563.pdf

anotherbaldrick

I would demand of the Highways Authority advice as to wether the margin beyond the yellow line forms part of the adopted highway. If it does not and the yellow lines demark the edge of the highway it is not an offence as prescribed.

henrygregory

Thanks for your posts. I also posted on Pepipoo and the general consensus there seems to be that if I am parked either side of the double yellows, I am in the wrong. Quite frustrating, but most posters are not hopeful that I would win an appeal in my favour. I feel very sorry for all of the other innocent motorists who get caught out. As you will see from my images, another two unfortunately motorists got a fine at the same time as me. It appears this layby is turning into quite an earner for the local council.

neilmcl

Well there's your mistake right there that assuming it's a lay-by and I'm not sure how you can claim your an "innocent motorist", after all you and the others parking do know what double yellows mean?

Print_Screen

henrygregory wrote: »

Thanks for your posts. I also posted on Pepipoo and the general consensus there seems to be that if I am parked either side of the double yellows, I am in the wrong. Quite frustrating, but most posters are not hopeful that I would win an appeal in my favour. I feel very sorry for all of the other innocent motorists who get caught out. As you will see from my images, another two unfortunately motorists got a fine at the same time as me. It appears this layby is turning into quite an earner for the local council.

I was reading your post on Pepipoo. It seems like your next step is to email for the TRO. Good luck with this and let us know how you get on with this please:o

TrickyWicky

headpin wrote: »

However, if there are no plates indicating times it applies, etc then you'll probably be able to get overturned. Get over to Pepipoo for advice.

You're behind with the times. The requirement for a plate for DYLs was abolished 3 - 4 years ago in the TMA.

Yellow lines apply both sides of the lines to the public land / boundary. That means they do indeed apply to the layby / passing place and people parled there do so at risk of a PCN.

What you may want to do is write to the county council and complain that this is actually entrapment. They might actually then do something like put up a sign saying no parking or just dig it out so it can't be parked on.

You could possibly take it to an appeal claiming that you've been entraped by the issuing authority who have encouraged the use of it as a parking place however this is a weak arguement. You've nothing to loose by trying though. In fairness to you it does look like a parking layby and if you get a decent enough adjudicator that will see your point hey'll quash the PCN and possibly order the council to do something about the layby itself.

If you look at the 3rd photo, it's quite apparent what the layby is used for and why it's to be kept clear, there is a road at the end of it. Presumably farm lorries are using the 'layby' to get around that corner and with people parking in it they can't do so. Count yourself lucky that you weren't done by the fuzz for obstruction!

arcon5

Also, I believe it's an offense to park facing traffic?

henrygregory

TrickyWicky wrote: »

You're behind with the times. The requirement for a plate for DYLs was abolished 3 - 4 years ago in the TMA.

Yellow lines apply both sides of the lines to the public land / boundary. That means they do indeed apply to the layby / passing place and people parled there do so at risk of a PCN.

What you may want to do is write to the county council and complain that this is actually entrapment. They might actually then do something like put up a sign saying no parking or just dig it out so it can't be parked on.

You could possibly take it to an appeal claiming that you've been entraped by the issuing authority who have encouraged the use of it as a parking place however this is a weak arguement. You've nothing to loose by trying though. In fairness to you it does look like a parking layby and if you get a decent enough adjudicator that will see your point hey'll quash the PCN and possibly order the council to do something about the layby itself.

If you look at the 3rd photo, it's quite apparent what the layby is used for and why it's to be kept clear, there is a road at the end of it. Presumably farm lorries are using the 'layby' to get around that corner and with people parking in it they can't do so. Count yourself lucky that you weren't done by the fuzz for obstruction!

Hello, thanks for your post. From what I can see, I have nothing to loose by appealing. I just need to work hard on putting a good appeal forward which may persuade an adjudicator. This was in no way deliberate and I had no idea you were not allowed to park on the other side of the double yellows. Anyway, lesson learned there.

I can see what you are saying re lorries/farm vehicles using the layby to turn from the tight road, but as I think I mentioned in my op, I have parked my car in this layby for years and never had any bother. You can even see on google maps, three vehicles parked there. It is a very common spot to park up and go for a wander over the fields.



This is an interesting read: http://www.bbc.co.uk/programmes/b006mg74/features/councils-issuing-more-parking-tickets-than-ever

and this video seems almost identical to my problem:
http://www.penaltychargenotice.co.uk/news/watchdog---the-team-investigate-the-rise-of-council-parking-fines-and-claims-of-illegal-tickets/

Raksha

From that pic id suggest its also used for loading cattle trucks. Look at the field to the left of the hedge, strange fencing for a normal grazing field, more likely a holding pen for animals off to market

henrygregory

Raksha wrote: »

From that pic id suggest its also used for loading cattle trucks. Look at the field to the left of the hedge, strange fencing for a normal grazing field, more likely a holding pen for animals off to market

Good guess, but no. The field in question is part of the Hatfield Estate, and this was the field I ventured into to get some lovely pictures of the Hatfield Forest cows. Only to come back to the fine. I am not aware that they go off to market, it may ruffle a few feathers if so. It is actually a pedestrian gate which has a path leading to the forest.