Parking Ticket - Any Way Out?
Discussion
I had to pop to the shops on the way home tonight, so parked on a single yellow line. Yes, I should have checked the sign for the parking restrictions, but I knew I'd only be gone for 10-15 minutes at the most. I was not parked dangerously, or blocking any access or impeding anyone's progress. I even left the sidelights on. Got back to the car to find a ticket on the windscreen. At first I thought "It's a fair cop guv", I should have checked, but on closer inspection of the ticket I've noticed a couple of anomalies.
For "Colour", the warden has written "Grey". According to the V5, my car is blue. "Helios Blue", in fact, according to VW.
For "Location", the warden wrote "Opp Pizza Hut". There is no Pizza Hut on this road. There is a pizza take-away place just opposite where I parked, but it is certainly not a Pizza Hut.
Do I have a leg to stand on?
For "Colour", the warden has written "Grey". According to the V5, my car is blue. "Helios Blue", in fact, according to VW.
For "Location", the warden wrote "Opp Pizza Hut". There is no Pizza Hut on this road. There is a pizza take-away place just opposite where I parked, but it is certainly not a Pizza Hut.
Do I have a leg to stand on?
Lois, you're thinking of the Bill Of Rights.
Easiest thing to do is check the line first. Any breaks or a missing T bar along it's length and it's unenforceable.... I'm sure DvD or FiF will quote the relevant order if they happen by
The Bill Of Rights 1689 said:
That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;
Easiest thing to do is check the line first. Any breaks or a missing T bar along it's length and it's unenforceable.... I'm sure DvD or FiF will quote the relevant order if they happen by
BliarOut said:
Easiest thing to do is check the line first. Any breaks or a missing T bar along it's length and it's unenforceable....
Except in my case. I had a ticket where the lines had some breaks and weren't T barred and the double yellows even became a single dotted line. They have been like that for many years. It was a nonsense. I went to appeal and the arbitrator said that the council had made an effort, wtf. He also said that the traffic guidlines and signage stuff isn't law, which is beyond me. Sometimes you will win but not always.
Boosted.
Don't know if I should post this as it is abudently clear that you knew you were illegally parked so should take the rap.
But for your information a Traffic Regulation Order is required to make the Waiting Restriction. Copy should be available for inspection at your Local Authority of the area involved. This should outline the extent of the restriction. Does it cover where you were parked? Is it valid and signed? Either not complied with could be a get out.
Any traffic prohibition/restriction has to be signed in accordance with Traffic Signs and General Directions 2002. What is refered to is a continuous yellow line without obvious breaks with a T bar at the start and end. If other than in a controlled parking area/zone of a large connurbation then the line should be accompanied by a plate at intervals describing the restriction but if in a zone, entry sign sufficient without repeats unless at the point of change in restriction. Is the signing there? Does it comply?
If not argument that restriction is not enforceable.
Who issued the ticket? Traffic Warden employed by Plod (hardly likely - disappearing breed). If so then contesting can be via a Magistrates Court who take due account of the law. If Parking Attendant employed by LA, then if you have grounds object in writing to Council within 14 days. This will put any offer to pay less on hold. Councils, unless you have stonewall grounds (they need the revenue),likely to reject and send Notice of Owner allowing you 28 days to make a formal representation and if they refuse to waive will issue a Notice of Rejection of Representations. From this, within 28 days you can appeal to an independent adjudicator either on paper or elect a personal hearing.
What I am hearing is that in this procedure less weight is being placed on the fact that signing does not fully comply with then law so they tend to overlook
minor discrepancies and actually poor signing is not a remit for the Adjudicator to waive the ticket but I gather some do.
Uurmmm 10 to 15 minutes? Lucky you were not clamped....and a three fiqure sum to get a release.
dvd
>> Edited by Dwight VanDriver on Thursday 16th March 20:39
But for your information a Traffic Regulation Order is required to make the Waiting Restriction. Copy should be available for inspection at your Local Authority of the area involved. This should outline the extent of the restriction. Does it cover where you were parked? Is it valid and signed? Either not complied with could be a get out.
Any traffic prohibition/restriction has to be signed in accordance with Traffic Signs and General Directions 2002. What is refered to is a continuous yellow line without obvious breaks with a T bar at the start and end. If other than in a controlled parking area/zone of a large connurbation then the line should be accompanied by a plate at intervals describing the restriction but if in a zone, entry sign sufficient without repeats unless at the point of change in restriction. Is the signing there? Does it comply?
If not argument that restriction is not enforceable.
Who issued the ticket? Traffic Warden employed by Plod (hardly likely - disappearing breed). If so then contesting can be via a Magistrates Court who take due account of the law. If Parking Attendant employed by LA, then if you have grounds object in writing to Council within 14 days. This will put any offer to pay less on hold. Councils, unless you have stonewall grounds (they need the revenue),likely to reject and send Notice of Owner allowing you 28 days to make a formal representation and if they refuse to waive will issue a Notice of Rejection of Representations. From this, within 28 days you can appeal to an independent adjudicator either on paper or elect a personal hearing.
What I am hearing is that in this procedure less weight is being placed on the fact that signing does not fully comply with then law so they tend to overlook
minor discrepancies and actually poor signing is not a remit for the Adjudicator to waive the ticket but I gather some do.
Uurmmm 10 to 15 minutes? Lucky you were not clamped....and a three fiqure sum to get a release.
dvd
>> Edited by Dwight VanDriver on Thursday 16th March 20:39
7db said:
How do I become an adjudicator?
Get 5 years under your belt with a "general qualification" under Section 71 Courts and Legal Services Act 1990.
"General Qualification"
a "general qualification" if he has a right of audience in relation to any class of proceedings in any part of the Supreme Court, or all proceedings in county courts or magistrates' courts;
Level headed PH'ers such as thissen 7db are debarred....
dvd
Sciroccology said:
Do I have a leg to stand on?
Wasn't in a Decriminalised Parking Enforcement area was it ?
Might be inclined to check the wording on the PCN if it was...
www.thepeoplesnocampaign.co.uk/data/default.asp?id=132&loc=no
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