council fine for parking beyond the bay markings

joenixon1986

Hi,

I am looking for advice on a fine issued today, please.

I had prepaid for a weeks tickets and arrived at the council car park today to find it entirely full. There were some places I "could" park, but would block security access points, so didn't. I chose to park in what was an old space, which has had a bollard put in the back to protect a new lamp post and been marked with now faded yellow markings. I reversed up, gently touched it and pulled forwards microscopically. I was hanging over the line by 6-8 inches, but no more than another vehicle, a big keep in a normal space.

I returned to my car and noticed a council fine had been issued, which frustrated me, as I believed parking where I did cause no obstructions and left my vehicle all but in the "space".

My questions are:

1. If I prepay, are there any standard terms and conditions that have been breached by the council not having a spare space for me to park in? Did they took my money on the basis that there would be space to park and there was not?

2. Is the penalty code the correct one? Technically I was not in a bay at all so I could not have parked beyond the bay markings.

3. Given that I have a video demonstrating that there was another two vehicles parked outside of the bay similar to mine, one with a fine, badly parked, and one which was just a very large car without a fine, do I have grounds to appeal? As the larger car was infringing upon the rules, but not penalised, suggesting an area of subjective mess which given I could not park more in the space of I tried and didn't hinder anyone by parking as such, and then including the fact that I had paid but had no alternative but to park there.

Any thoughts would be very gratefully received. Had there have been an alternative, I would have parked properly in a space, however I had a very important business meeting and needed to park.

Thanks
Joe

joenixon1986

A quick bit of research suggests that As I was not technically in a bay, but a yellow cross cross zone, the following would be the correct charge:

95 - Parked in a parking place for a purpose other than the designated purpose for the parking place

If this would be correct the penalty for code 86 would be incorrect and therefore would this be unenforceable?

Thanks
Joe


Edit: in addition to this, no wheel was pasted the line, only the bumper, of a small fiesta.

Tilt

So you pre-pay to use the car park and found that there was no space? How does this work? Do you get a ticket to show that you have paid or Is there any kind of barrier control that is token operated?

Redx

the best advice anyone on here can give you is this

post the questions with evidence and pictures and scans etc , over on PEPIPOO

that is what they specialise in whereas here we tend to deal with private parking invoices

good luck

joenixon1986

Thanks I will check that out.

In terms of prepaying, it is a pay and display car park, where you can buy a week long ticket. I bought last night so that when I arrive at the carpal I don't have to deal with the hassle of buying a ticket when I need to go to cath a train. I just leave the ticket on display.

Edited: there are no barriers.

Tilt

joenixon1986 wrote: »

A quick bit of research suggests that As I was not technically in a bay, but a yellow cross cross zone, the following would be the correct charge:

95 - Parked in a parking place for a purpose other than the designated purpose for the parking place

If this would be correct the penalty for code 86 would be incorrect and therefore would this be unenforceable?

Thanks
Joe


Edit: in addition to this, no wheel was pasted the line, only the bumper, of a small fiesta.

If you wern't parked in a bay, then how could you be "beyond the bay markings"? I would suggest that you appeal (always appeal anyway within the discounted period) stating it was the incorrect contravention.

As you say, the contravention should of been code 95 if you parked in a yellow hatched marked area. Obviously though, I wouldn't park there again as if your appeal succeeds, the CEO will no doubt issue the correct contravention next time.

joenixon1986

Haha! Thanks a lot!

For anyone in a similar situation, please look at my thread at PEPIPOO

forums (dot) pepipoo (dot) com/index.php?showtopic=96112