Parking Ticket - Brixham
Discussion
I have just returned from Brixham where I found a parking ticket on the windscreen on my car, I had parked off the road on some scrubland adjacent to a road which did have double yellow lines on. Would I be correct in thinking that as I was not actually on the road where the dyl were but off it this is just typical of a traffic warden affected by the unseasonally warm weather!
I plan to contest and am have photos taken of the place I parked in? Is there anything that I should know before not taking them up on there 30 quid offer in the first 14 days?
Many Thanks.
I plan to contest and am have photos taken of the place I parked in? Is there anything that I should know before not taking them up on there 30 quid offer in the first 14 days?
Many Thanks.
Who issued the ticket - Council or a private firm.
You may have fallen foul of parking on private land where the owner has called in a private firm to deter. For it to be legal then signs, clearly visible have to be displayed.
Failure to pay and they can take you to County Court for a judgement.
If it is this read up on the other threads on this site in relation to parking at a Supermarket and the law on contract between the driver parking and the site owner.
DYL are only enforceable where the area in question is a 'road'
dvd
You may have fallen foul of parking on private land where the owner has called in a private firm to deter. For it to be legal then signs, clearly visible have to be displayed.
Failure to pay and they can take you to County Court for a judgement.
If it is this read up on the other threads on this site in relation to parking at a Supermarket and the law on contract between the driver parking and the site owner.
DYL are only enforceable where the area in question is a 'road'
dvd
Having just spoken to them they are claiming that I was parked on the verge, having just checked with the HC it does state that double yellow lines cover road, pavement and verge. I did ask him to define verge but he couldn't, not sure if its worth the hassle to contest because it looks like they could be right.
PCN issued by Torbay Council.
PCN issued by Torbay Council.
ALawson said:
Having just spoken to them they are claiming that I was parked on the verge, having just checked with the HC it does state that double yellow lines cover road, pavement and verge. I did ask him to define verge but he couldn't, not sure if its worth the hassle to contest because it looks like they could be right.
PCN issued by Torbay Council.
PCN issued by Torbay Council.
I am not as familiar with the Highways Act 1980 (which applies to England and Wales) but the Roads (Scotland) Act 1984 does say (Section 151 or 152, can't remember) that a reference to "road" includes the verges, but there is no definition of what a "verge" actually is - it's usually taken as fence-to-fence, or 2 metres in the absence of any fence. I'm sure that a similar provision will apply in the Highways Act.
Around Reading they have been doing cars on the verge for some time.
Those attending football matches at the Madejski stadium have received tickets, especially away fans who aren't warned.
There is a wide 2 lanes each way double carriageway, then a very wide footpath/cycle lane and a grass verge beyond which extends about 3-4 footpath widths in some places.
Russ
Those attending football matches at the Madejski stadium have received tickets, especially away fans who aren't warned.
There is a wide 2 lanes each way double carriageway, then a very wide footpath/cycle lane and a grass verge beyond which extends about 3-4 footpath widths in some places.
Russ
Dwight VanDriver said:
Unless there is a 'proper marked 'parking area at the side of the yellows then they have you for being on a road.
Prompt payment will not incur an increase.
dvd
Prompt payment will not incur an increase.
dvd
dvd
I have just got further photographs of the dyl whick clearly show that they are about 19-20.5 cm of the inside face of the kerb to the inside of the yellow line. Not as per the stated 15 cm. As well as this the lines are not either of the required widths of 50, 75 or 100mm. They are a variety of 85 and 45 mm.
I am thinking that I may contest on this point. What do you reckon?
Nothing ventured - nothing gained Alex.
By all means have a go right to the top on the grounds that the lines do not comply with Traffic Signs and General Directions 2002,but......
Be aware that since they decriminalised the law on parking then Magistrates Courts are no longer involved and it would seem that Parking Adjudicators take a more lesser view on the legality of things......but you never know.I would gather the view is that if the lines were obvious that parking prohibited then Penalty.
Also be aware of the ruling Cotterill v Chapman [1984]... a trivial departure would not provide immunity from prosecution where 30 mm out of 193 was missing. The 'de - minimus ' rule applied. There was view that 10% non conformity is more than trivial but the Mags were to decide.
dvd
By all means have a go right to the top on the grounds that the lines do not comply with Traffic Signs and General Directions 2002,but......
Be aware that since they decriminalised the law on parking then Magistrates Courts are no longer involved and it would seem that Parking Adjudicators take a more lesser view on the legality of things......but you never know.I would gather the view is that if the lines were obvious that parking prohibited then Penalty.
Also be aware of the ruling Cotterill v Chapman [1984]... a trivial departure would not provide immunity from prosecution where 30 mm out of 193 was missing. The 'de - minimus ' rule applied. There was view that 10% non conformity is more than trivial but the Mags were to decide.
dvd
IMHO, you are grasping at straws. The yellow lines are clear and obvious. Just because they are slightly undersize doesn't mean they are not there. I think you would have a better arguement about where you parked. DYL are there to keep the road/verge clear of obstructions, you said you were off the road on adjacent scrub land.
I was parked 10m away from DYL on scrubland when a council warden tried to ticket me. There were no signs saying not to park there so I was ok. Although he did ticket the other 8 cars that were there. All the other owners were out dog walking and I was the only person in any of the cars. I was disgusted he done that, but he just shrugged and carried on
I was parked 10m away from DYL on scrubland when a council warden tried to ticket me. There were no signs saying not to park there so I was ok. Although he did ticket the other 8 cars that were there. All the other owners were out dog walking and I was the only person in any of the cars. I was disgusted he done that, but he just shrugged and carried on
Was done in exactly the same way, parked well off the road, and payment, on a bit of waste ground, got a ticket, fought it, and lost. The lines on the road seem to cover just about anything they want them to cover.
Also, if you fight it, you lose the pay within x days for 1/2 y, bastards
Also, if you fight it, you lose the pay within x days for 1/2 y, bastards
This guy Neil Herron is waging a 1-man war against invalid parking markings: http://neilherron.blogspot.com/. He's amazing for what he tries to do, though he doesn't always succeed (devious councils and parking authorities).
Still, you may want to talk to him to see if he can suggest some prior victories. It does seem odd that parking behind DYL is considered to be the same as parking on them, but without knowing the letter of the applicable law I haven't a clue whether it's valid or not. I'm sure Neil could help on that one.
Still, you may want to talk to him to see if he can suggest some prior victories. It does seem odd that parking behind DYL is considered to be the same as parking on them, but without knowing the letter of the applicable law I haven't a clue whether it's valid or not. I'm sure Neil could help on that one.
Regarding the 'verge'
TSGD 02 states re DYL(Diagram 1018.1):
(a) the road marking shown in diagram 1018.1 may be placed ON A SIDE OF A ROAD only for the purpose of indicating a statutory prohibition or restriction on the waiting of vehicles which applies on that side of the road at all times of day on every day of the year or on every day in a period of at least four consecutive months;
Within the interpreatation section of the Regs Road is not defined so one must go back to RTA/Highway Act for definition of road which does include verge. or
Seek out and examine the the relevant Order authorising the DYL's and see what exemption, if any it contains.
dvd
TSGD 02 states re DYL(Diagram 1018.1):
(a) the road marking shown in diagram 1018.1 may be placed ON A SIDE OF A ROAD only for the purpose of indicating a statutory prohibition or restriction on the waiting of vehicles which applies on that side of the road at all times of day on every day of the year or on every day in a period of at least four consecutive months;
Within the interpreatation section of the Regs Road is not defined so one must go back to RTA/Highway Act for definition of road which does include verge. or
Seek out and examine the the relevant Order authorising the DYL's and see what exemption, if any it contains.
dvd
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