Parking Fine

seventies1

I normally just read posts, but i need some thoughts on this as i seem to be getting conflicting advice.

In April this year I recieved a fixed penalty for parking with two wheels on the kerb. This was around the corner from where I live, and was before a residents parking area had been established. Several weeks before that a Police Traffic Warden had informed me that I was in fact legally parked where I recieved the ticket.

After a telephone call to the ticket office I was informed that as a resident the ticket would be quashed, i just had to write in. Several weeks later I recieved a demand for the £30. I again telephoned and was told the only way they would read my letter was if I requested a court date.

Guess what I got? Yup a court date.

Now I fully realise that it transpires that i was parked illegally, however the only reason I was parked there was because a warden had told me it was legal (he has since admitted that he gave me incorrect information, although he would advise the ticket to be quashed if he had issued it)

So I have pleaded guilty with mitigating circumstances, and have asked for an absolute discahrge.

If anyone is interested in providing some advice, i can email letters, statements etc.

Thanks in advance.

Mike

xueta

Sorry, but I think that you might be out of luck on this one...

It may have been perfectly OK for you to park on that particular stretch of road, but if the ticket was issued for pavement parking and you did have your wheels on the pavement, then I am afraid the warden has issued a valid ticket. Check the penalty notice to see what the exact offence was. You may have a case to argue if your wheels weren't on the pavement, but these days traffic wardens are provided with digital cameras to record the evidence! Sorry

seventies1

xueta wrote:

Sorry, but I think that you might be out of luck on this one...

It may have been perfectly OK for you to park on that particular stretch of road, but if the ticket was issued for pavement parking and you did have your wheels on the pavement, then I am afraid the warden has issued a valid ticket. Check the penalty notice to see what the exact offence was. You may have a case to argue if your wheels weren't on the pavement, but these days traffic wardens are provided with digital cameras to record the evidence! Sorry

Sorry I should really have put more detail into my post. Yes itis legal to park on that stretch of road, but the original warden advised me it was legal to park with two wheels on the pavement. It was a police officer who issued the ticket.

mrbadexample

Do you have the name / number of the warden who gave you the information? It'd be tricky without this.

seventies1

Yes I do. And his name.

DaveK

Mike,

Not sure what you're asking for here as you seem to have done the "decent thing" all along, plus you've pleaded guilty with mitigating circumstances, so it's in the hands of the courts as far as I can see.
I can understand why you would be annoyed particulalry as the person who orginally told you it was legal is suppose to be trained in understanding this. As he has admitted that he gave you incorrect info and he has basically admitted incompetance I'd have thought you'd have grounds to make a complaint against him.

But on the other hand it's only £30.

mrbadexample

I think it will be difficult, as it was the police that issued the ticket. If it had been another traffic warden, it would probably much easier, as it's all the same body.

The police would probably say: "Hard luck, he didn't know what he was talking about". The Traffic Wardens (who runs those people anyway?) would say: "Sorry, we didn't issue the ticket, we have no power to withdraw it."

So you would then be looking to get the TWs to admit that they gave you the wrong information, and reimburse you for the ticket.

Good luck!

seventies1

Thanks for the support, it was a Police TW who issued the ticket. Council TW's do not have the power to issue a ticket for being parked with two wheels on the kerb. I know it's only £30, but why should I have to pay for someone else's incompitance.

I shall post the verdict, i was just wondering if anyone else had had experience of this sort of problem.

Myosin

218: DO NOT park partially or wholly on the pavement unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs, the visually impaired and people with prams or pushchairs.

Pasted from the highway code online http://www.highwaycode.gov.uk/22.htm

mrbadexample

Myosin wrote:

Pasted from the highway code online http://www.highwaycode.gov.uk/22.htm

Correct me if I'm wrong (and I may well be!), but I didn't think the Highway Code was a legal document. It's just advisory. :think:

Altarf

mrbadexample wrote:

Correct me if I'm wrong (and I may well be!), but I didn't think the Highway Code was a legal document. It's just advisory.

Quote from http://www.highwaycode.gov.uk/index.htm

"Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words MUST / MUST NOT. In addition the rule includes an abbreviated reference to the legislation which creates the offence."

"Although failure to comply with the other rules of the Code will not, it itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under Traffic Acts to establish liability."