I've had a ticket for parking in a layby with no retrictions . . .

Paul_K_2

I've had a PCN for parking in a layby as you can see in the picture.

The layby has no signs whatsoever let alone any parking restrictions.

I appealed and that was rejected.

This is the reason they gave -

The highway extends building line to building line and therefore includes the footpath/grass verges.

This doesn't sound right to me, does anybody know if this is correct?

Thanks in advance for your reply!

Coupon-mad

They are correct.

You are in contravention of the double yellows. You can load/unload (of course, as that's exempt activity for a DYL restriction) but you can't park there.

marcia_

 There are double yellows right there 🤔 

Umkomaas

marcia_ said:

 There are double yellows right there 🤔 

The restrictions from which extend to the boundary behind them. 

user1977

Plus the "layby" doesn't even look like one designed for parking - that "grasscrete" surfacing is generally for rarely-used bits (e.g. vehicles for servicing billboards or something else next to the road).

James_Poisson

If you think about the practicalities of road markings if they took the DYLs around that layby  that would probably technically leave you an excuse to park in the road across it if there were no DYL's on that short section.

I used to work for a large brewery and interestingly (or boringly depending on your perspective) many of our town centre pubs that were Inns had a black cast iron plate on the wall stating that no public right of way exists over this land. Meaning the frontage belonged to the pub and you could park on the frontage, although driving over the pavement without a dropped kerb was another problem.

But to get back to your problem you will just have to suck it up and pay the fine before it goes up.

Paul_K_2

Thanks for the replies and since posting that I've found this from the relevant .Gov webpage - 

 The restrictions usually apply to the whole of the highway, including verges and footways.

(https://www.gov.uk/government/publications/know-your-traffic-signs/on-street-parking-control-signs-and-road-markings)

However less than a mile away there is layby parking where no tickets are issued (I've attached a streetmap image but the DYL's are very feint, trust me they are very much there as they have since been repainted!!)

To be honest I am minded to use the independant review option for two reasons. 
Where I was parked was neither a verge or footway (from the .Gov website) it's indisputably a layby.
Within a mile are cars parked in laybys with DYL's.

I don't know if it's relevant but over the years I've seen cars parked there and indeed parked there myself and no PCN's appear to have been applied.

prowla

As others have said, the double lines apply to the inside of the carriageway as well.

According to the online dictionaries a layby is a place by the side of the road where you can pull in and stop for a short while (eg. to read a map), but it's not a parking spot.

However, the double yellow lines negate the assertion that it is a layby.

I would suggest that playing with words whether it is a verge/footwayisn't going to bear fruit.

Again from a search, a verge is "the strip of land between the road kerb and another boundary. This may be a wall, ..."; therefore what's shown in your pic is a verge.

I don't think that people not having been ticketed and/or another one further along the road is relevant either.

user1977

Can you point us to where the location is?

"They don't always ticket cars", whether at the same location or similar elsewhere, isn't a defence.

Not sure why you think calling it a "layby" (which I don't think is even a legally-defined term) makes a difference, there doesn't need to be extra line-marking or signage to create the parking restriction just because there's a layby-esque feature there. The restrictions apply to the whole of (that side of) the highway, whether it's the road/pavement/verge/layby etc

For the law you need to look at the actual legislation, not the Ladybird guides to the law (even if they are on .gov.uk sites).

And as I pointed out above, if you really thought it was intended for general use as 24/7 parking, why do you think it has that grasscrete covering rather than tarmac?

James_Poisson

Paul_K_2 said:

However less than a mile away there is layby parking where no tickets are issued (I've attached a streetmap image but the DYL's are very feint, trust me they are very much there as they have since been repainted!!)

To be honest I am minded to use the independant review option for two reasons. 
Where I was parked was neither a verge or footway (from the .Gov website) it's indisputably a layby.
Within a mile are cars parked in laybys with DYL's.

I don't know if it's relevant but over the years I've seen cars parked there and indeed parked there myself and no PCN's appear to have been applied.

They won't accept excuses about another location it could be a mile away or ten miles away it won't even be considered, you will end up paying more I can't see any way out.

But if you want to get the low down from experts on authority tickets (we major on private parking charges here) pop over to FTLA: https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/

Car1980

it's indisputably a layby.

It's a layby with restrictions.

The restrictions in this layby are: parking for blue badge holders only, or for use for those alighting, loading or unloading.

A layby only means unrestricted parking if there is nothing to indicate any restrictions.

Sorry mate, you have no defence.