another parking ticket question

another parking ticket question

Author
Discussion

smallman

Original Poster:

4 posts

219 months

Wednesday 8th February 2006
quotequote all
hello everyone, new here, was recommended by a friend of mine. he tells me this is the place to ask questions about parking tickets. i tried searching but there were a million threads and i couldn't see anything which sounded like my situation. does anyone know if there's a minimum time the traffic warden has to wait before issuing a ticket?

my mate thinks that it's supposed to be ten minutes as per statute but the ticket itself only shows five minutes. does this make the ticket invalid?

also, the street name is wrong (round the corner from where i actually parked) so does this mean it's invalid for that reason too?

to top it all, i have a parking permit and the whole road is the same zone apart from two poxy spaces at the end (obviously i just assumed the whole street was for the same zone, as you would)

apparently a chap called dwight vandriver is a mega expert on all things legal. mr vandriver, do i have a leg to stand on? combination of wrong road and five minutes, rather than ten, enough for ticket to be binned?

thank you all for any answers you can give, i'm very grateful

smallman

Original Poster:

4 posts

219 months

Thursday 9th February 2006
quotequote all
anyone?

F348

11,641 posts

281 months

Thursday 9th February 2006
quotequote all
The wrong road may well be sufficient to get off. You could take it all the way to court and then demand to see the evidence that you were parked there at that time. Obviously you were not.
Does the road that is documented come under the parking scheme for which you have a permit? If do write back and tell them that you have a permit and it was on display, therefore no offence occured.

Dwight VanDriver

6,583 posts

245 months

Thursday 9th February 2006
quotequote all
Smallman

Not by any means an expert but as a hobby (sad aint it) I try and keep an intrest in Traffic matters.......

There is no time limit in statute in relation to parking. The very second after the time is up the contravention is complete. It would seem that a number of authorities had the 5 minute rule but realised they were losing revenue and chopped it down to a minute or so.

As to wrong street name on the PCN is that stated also subject to a restriction?.

Worth condsidering a try in writing back to the LA pointing out that at such and such a time you were not parked on WHATEVER STREET without disclosing where if it has a similar restriction (they will come back and say so what same restriction) and that the PCN is wrong. Ten to one they will not accept and you then have the option of going whole hog to the Parking Adjudicator. Whilst you are trying to sort out they should not invoke the increase on penalty.

As I understand that if you have a resident bay parking then that ONE will be YOUR area and if not in it you will be flyposted.

You can of course look at this way. If you have contravened you can pay and bugger the hassle and be more wary next time so they don't catch you.

You don't mention if it was a double yellow or what. If it was sentiment above still apply but also the signing should be correct. If it aint then more power to you to go the whole hog.

dvd

phillipj

1,082 posts

228 months

Thursday 9th February 2006
quotequote all
In our area the yellow perils (pre-privatised wardens aka blue perils) used to wait 10 minutes to allow for loading and unloading to take place, as these were a defence to parking on DYL/SYL's but only if the load was too large to carry any distance.

Has the ticket in question been read correctly, as the 'wrong street' MAY be where the relevent warning sign was sited (the location of the restriction sign is required to be entered on the ticket as part of the evidence of the offence).

esselte

14,626 posts

268 months

Thursday 9th February 2006
quotequote all
phillipj said:
In our area the yellow perils (pre-privatised wardens aka blue perils) used to wait 10 minutes to allow for loading and unloading to take place, as these were a defence to parking on DYL/SYL's but only if the load was too large to carry any distance.

Has the ticket in question been read correctly, as the 'wrong street' MAY be where the relevent warning sign was sited (the location of the restriction sign is required to be entered on the ticket as part of the evidence of the offence).


Are you saying you have to go for a hike around town to look for restriction notices?Surely the notice should at least be on the same street it refers to?

phillipj

1,082 posts

228 months

Thursday 9th February 2006
quotequote all
Not at all, I'm merely pointing out that the restiction notice, usually stuck to a pole, can be placed some distance from where the car is parked.

The ticket will typically have, in that case, two different street names on it for the same offence. Just thought it worth mentioning.


Dwight VanDriver

6,583 posts

245 months

Thursday 9th February 2006
quotequote all
Thats news to me Phillip, very interesting if true. Anyone else confirm?

If the Local Authority has applied for and been granted a Permitted Parking Area and Special Parking Area Order then unless there is an area differing in restriction then the restriction is posted at the entrance to the Zone which indeed can be some considerable distance for the area in question. Grant of the Order relieves them of posting plates at intervals. Would have thought two different names for the place of offence would cause confusion unless there is a special section on the PCN for the location of the nearest sign?

dvd

PS Just dug out a PCN Proforma and if they are using that as standard then all that is stated is "was seen in:" No mention of where nearest sign is??????

>> Edited by Dwight VanDriver on Thursday 9th February 16:28