When is a vehicle over 2.2m not a vehicle over 2.2m

AdrianC

C. Park elsewhere.

Steve2k

In their response they say
"Gosport Borough Council operates its off-street car parks under a parking order made under the Road Traffic Regulation Act 1984. This means it is a ‘criminalised’ system, rather than a system that operates under the Traffic Management Act 2004 (known as a ‘decriminalised’ system). Breaching a parking order is a criminal offence by virtue of section 35A of the Road Traffic Regulation Act 1984." so the 3 step process on this website doesn't exist. I can appeal to them (which I did) but after that I have to go to court.

Steve2k

Kayaks were on the roof the whole time (we'd stopped to buy an ice cream and play in the splash park) and their photo of me committing the offence shows the boats on the roof.

neilmcl

Steve2k wrote: »

In their response they say
"Gosport Borough Council operates its off-street car parks under a parking order made under the Road Traffic Regulation Act 1984. This means it is a ‘criminalised’ system, rather than a system that operates under the Traffic Management Act 2004 (known as a ‘decriminalised’ system). Breaching a parking order is a criminal offence by virtue of section 35A of the Road Traffic Regulation Act 1984." so the 3 step process on this website doesn't exist. I can appeal to them (which I did) but after that I have to go to court.

So to clarify you didn't actually park in the car park but a bay outside? Who issued the ticket - the police or Gosport borough council?

If you do want to take it up in court then it'll be similar to appealing a speeding offence at the magistrates, no huge cost except for a chance that your fine may increase.

neilmcl

Where exactly did you park - https://goo.gl/maps/Vn2rPf3v5AH2

caprikid1

Is it possible to lie the Kayaks flat or different and prove they are 2.2m ?

Steve2k

neilmcl wrote: »

Where exactly did you park

I parked in the spaces on the left of this pin. There is now a height barrier to get into the main car park on the right. The spaces on the left say "for vehicles over 2.2m only". The kayaks on the roof take me to 2.3m (I measured and even sent them a photo in my appeal). They say the kayaks are not part of the vehicle and that this is clearly signed. I'm away at the moment so can't go and check the sign but I don't remember it saying that. Either way I'm sure if turned up at any height restriction, took my kayaks off to get under the height restriction barrier and then put them back on again it would be some sort of offence.

prowla

I think that the effective height of the vehicle was 2.3m.
The 2.2m may well have been a roof clearance at points in the car park, in which case it would have been unsafe to go in.

neilmcl

Steve2k wrote: »

I parked in the spaces on the left of this pin. There is now a height barrier to get into the main car park on the right. The spaces on the left say "for vehicles over 2.2m only". The kayaks on the roof take me to 2.3m (I measured and even sent them a photo in my appeal). They say the kayaks are not part of the vehicle and that this is clearly signed. I'm away at the moment so can't go and check the sign but I don't remember it saying that. Either way I'm sure if turned up at any height restriction, took my kayaks off to get under the height restriction barrier and then put them back on again it would be some sort of offence.

You'll need to know exactly what the signage states before even thinking about going to court to defend this. As I mentioned earlier you'd be better off posting this at https://www.pepipoo.com.

Herzlos

I think you'd stand a pretty good chance in court - the vehicle was, at the time, 2.3m high. Thus you can't fit under the barrier.


Unless the sign was very clear that the over 2.2m was only to the roof line (so what about roof bars or antenna?), there's really no cause for you to be fined over it.



No-one would honestly expect you to stop on the road, remove the kayak, go under the barrier and then re-attach the kayak - that'd block the road for easily 10 minutes.