Parking for 'residents only'

[DavidUK]

This subject has always bothered me and I wonder if there any Legal experts on PH who could clear this up for me?

Is it legal for Councils to impose arbitary parking restrictions on various urban streets whereby one person (ie a local resident) may park their car in that street,but another person(ie someone who doesn't live nearby) cannot park there for risk of a parking ticket?

Before someone points out that in most instances the 'resident' has to actually purchase a permit from the Council for the 'prvilege'of parking in a road without yellow lines, is it also legal for the Council to refuse to allow a 'non-resident' to buy a permit?

Thoughts please!!

[rs1952]

DavidUK said:

This subject has always bothered me and I wonder if there any Legal experts on PH who could clear this up for me?

Is it legal for Councils to impose arbitary parking restrictions on various urban streets whereby one person (ie a local resident) may park their car in that street,but another person(ie someone who doesn't live nearby) cannot park there for risk of a parking ticket?

Before someone points out that in most instances the 'resident' has to actually purchase a permit from the Council for the 'prvilege'of parking in a road without yellow lines, is it also legal for the Council to refuse to allow a 'non-resident' to buy a permit?

Thoughts please!!

Yup, absolutely, 100% legal.

I was working in Notting Hill and North Kensington for 8 weeks in the early part of last year. I needed the car to carry surveying equipment (ladders etc), and also needed to change location several times a day.

I asked whether I could buy a temporary parking permit - no. Was there anything I could do to avoid feeding parking meters because I had a bona fide reason to be in the area - no. "Oh, and by the way sir, if we catch you "feeding" a parking meter we'll issue a FPN for that as well"

Ever tried looking for a "pay and display" parking space for 30 minutes, then had to carry a fucing ladder for 20 minutes to a job? I don't recommend it as recreation ....

[DavidUK]

rs1952 said:

DavidUK said:

This subject has always bothered me and I wonder if there any Legal experts on PH who could clear this up for me?

Is it legal for Councils to impose arbitary parking restrictions on various urban streets whereby one person (ie a local resident) may park their car in that street,but another person(ie someone who doesn't live nearby) cannot park there for risk of a parking ticket?

Before someone points out that in most instances the 'resident' has to actually purchase a permit from the Council for the 'prvilege'of parking in a road without yellow lines, is it also legal for the Council to refuse to allow a 'non-resident' to buy a permit?

Thoughts please!!

Yup, absolutely, 100% legal.

I was working in Notting Hill and North Kensington for 8 weeks in the early part of last year. I needed the car to carry surveying equipment (ladders etc), and also needed to change location several times a day.

I asked whether I could buy a temporary parking permit - no. Was there anything I could do to avoid feeding parking meters because I had a bona fide reason to be in the area - no. "Oh, and by the way sir, if we catch you "feeding" a parking meter we'll issue a FPN for that as well"

Ever tried looking for a "pay and display" parking space for 30 minutes, then had to carry a fucing ladder for 20 minutes to a job? I don't recommend it as recreation ....

Just because they do it doesn't necessarily make it legal, unless you actually KNOW different. My point is, is it legal to discriminate against someone just because they don't live in a particular street?

[rs1952]

Yes - even within local council areas, they have zones so that only people who live in certain streets can park in them.

By the way, do you think we ought to open up these two threads we're arguing on to others?

[DavidUK]

rs1952 said:

Yes - even within local council areas, they have zones so that only people who live in certain streets can park in them.

By the way, do you think we ought to open up these two threads we're arguing on to others?

Well yes, I'd like some other opinions!!

No disrespect, but you're only saying what the Councils actually do, rather than addressing any aspects from a legality point of view. I'd be intrigued to know what would happen if anyone challenged them in the Courts

[krallicious]

This is only a thought but surely the fact that we all have to pay road tax should entitle us to park in any marked bays? It sickens me to have paid for a resident's permit. God damn bastards!! It's naive thinking I know!

[7db]

rs1952 said:

I was working in Notting Hill and North Kensington for 8 weeks in the early part of last year. I needed the car to carry surveying equipment (ladders etc), and also needed to change location several times a day

Unusual situation needing to move around -- otherwise RBKC are very accommodating in selling parking spaces for work - they suspend them and give you the right to park there.

[vonhosen]

krallicious said:

This is only a thought but surely the fact that we all have to pay road tax should entitle us to park in any marked bays? It sickens me to have paid for a resident's permit. God damn bastards!! It's naive thinking I know!

Road tax doesn't exist, it hasn't for many many years.
It's VEL which isn't ring fenced for spending on roads.
Also the roads are for moving on, not parking on.

[Plotloss]

7db said:

rs1952 said:

I was working in Notting Hill and North Kensington for 8 weeks in the early part of last year. I needed the car to carry surveying equipment (ladders etc), and also needed to change location several times a day

Unusual situation needing to move around -- otherwise RBKC are very accommodating in selling parking spaces for work - they suspend them and give you the right to park there.

Camden is the same.

Got one ticket for feeding (two different spaces that dared be in the same block) and one new one, when no ticket was issued and the photo shows me simply driving down the road.

They are the scum of the earth, slightly below necropaedogerontophiles.

[Parrot of Doom]

They don't always paint the bays correctly though.



That is a resident's only parking bay, and is completely unenforceable.

[puffpuff]

The 1991 Road Traffic Act permits highway authorities to apply to the Secretary of State to become a Special Parking Area (SPA) /Civil Parking Area (CPA).

Once an SPA /CPA application is approved, the power to enforce parking, loading and waiting restrictions, passes from the Police to the local council. Parking contraventions are no longer classified as a criminal offence.

The difference lies in the details of the respective legislation. If DPE/CPE is not currently in force in your area, if you are issued with a Fixed Penalty Notice you have committed an offence and if you do not pay the notice, you can end up in a Magistrate's Court, which is a criminal court.

With Penalty Charge Notices associated with DPE/CPE, the "offence" is decriminalised, becoming a “contravention” and you do not have recourse to the Magistrate's Court system, but independent adjudicators.

HTH

[Dwight VanDriver]

As I understand it parking prohibitions brought in by a Traffic Regulation Order made by the LA. They cannot just do it at a whim and stick lines down etc.

In relation to the Order details have to be published, there is an period for consultation and objection before being brought in.

So no body objects it is brought in - the populus consent.

dvd

[puffpuff]

Dwight VanDriver said:

As I understand it parking prohibitions brought in by a Traffic Regulation Order made by the LA. They cannot just do it at a whim and stick lines down etc.

In relation to the Order details have to be published, there is an period for consultation and objection before being brought in.

So no body objects it is brought in - the populus consent.

dvd

Absolutely correct.

Where I live there was a survey about five years ago. 50% of residents were in favour, 50% against so it was shelved. Since then on-street parking has become an even greater problem so the council is looking at it once again.

[Jules360]

vonhosen said:

krallicious said:

This is only a thought but surely the fact that we all have to pay road tax should entitle us to park in any marked bays? It sickens me to have paid for a resident's permit. God damn bastards!! It's naive thinking I know!

Road tax doesn't exist, it hasn't for many many years.
It's VEL which isn't ring fenced for spending on roads.
Also the roads are for moving on, not parking on.

Quite right, if you want to park, use the pavement. Or is that just for the use of scamera vans?

[danrc]

Parrot of Doom said:

They don't always paint the bays correctly though.



That is a resident's only parking bay, and is completely unenforceable.

Why so?

Just curious as there are lots of them round my area where we need to payout 40 bucks a year for the privilage of parking in them.

[bryan35]

part on the single yellow instead. It's not legal - no T bar at the end.

[TigerK]

vonhosen said:

Also the roads are for moving on and generating revenue by selling parking spaces, not parking on.

that's better

Edited by TigerK on Wednesday 19th December 10:52

[puffpuff]

bryan35 said:

part on the single yellow instead. It's not legal - no T bar at the end.

I think you mean it is not enforceable.

[RT106]

danrc said:

Why so?

A residents parking bay marking shouldn't have the double return at its end. Quite a common mistake, I think.