Car towed away, parking restrictions misleading.
Car towed away, parking restrictions misleading.
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Discussion

The Dirty Bubble

Original Poster:

747 posts

235 months

Wednesday 26th September 2007
quotequote all
Last night I parked in a side street that had resident only parking on the right hand side of the road and residents and pay and display parking on the left hand side of the road. Unfortunately, the fact that there were different parking restrictions on each side of the road was not clear.

On the left hand side of the road there were large signs over pay and display machines located along the road showing you could park for up to 4 hours, there was no mention on these signs that different parking restrictions applied on the opposite side of the road (this was a narrow back street, not a main road). I purchased a pay and display ticket from one of these machines and placed it in my windscreen. I then parked in what I believed to be a pay and display parking space on the right hand side of the road.

I have just retrieved my car from the local pound at a cost of £260 because I was parked in a residents only bay with a pay and display ticket in my window (at the time the car was removed there was 10 minutes left on the pay and display ticket).

On revisiting this side road this morning I found at either end of the road on the right hand side a small sign on a post displaying resident’s only restrictions. There was no mention that this applies only to the right hand side of the road. I had not seen these signs as I had parked further up the road directly opposite one of the large signs above a pay and display machine on the left saying that pay and display was in effect.

Am I right in being pissed off? There were plenty of spaces on the left hand side of the road that I would have parked in had I known that parking restrictions were in effect on the right hand side of the road. It must have been obvious to the parking attendant that I had made a mistake otherwise why would I have bothered to buy a pay and display ticket?

I intend to appeal but thought I would post up here to see if anyone has been in a similar situation. The point I will be pressing is that it was not clear that different parking restriction were being enforced on different sides of the road, and in fact the way signs had been placed suggested that pay and display parking was on both sides of the road. I have requested the pictures the parking attendant took and have kept the pay and display ticket that was on my windscreen. I will take a camera and photograph the street I was parked on tomorrow (I only had a camera phone with me at the time and the photos are crap).

Any advice would be appreciated.

The Dirty Bubble

Original Poster:

747 posts

235 months

Wednesday 26th September 2007
quotequote all
I should point out this was in Lambeth, South London.

BMWBen

4,906 posts

232 months

Wednesday 26th September 2007
quotequote all
I expect you will get more help when we see a photo - most councils seem to get parking restrictions horribly wrong from a legal standpoint from what I've generally seen.

vincenz

695 posts

263 months

Wednesday 26th September 2007
quotequote all
Different parking resistrcitions on either side of the road round mine are quite common. A road where I often park has loading only for goods vehicles on one side and disabled on the other.

It does sound like a geuine mistake. However the bottom line is you parked somewhere you shouldn't.

pikey

7,704 posts

315 months

Wednesday 26th September 2007
quotequote all
Follow the process and go to court.

I did in similar circumstances, and won.

Dwight VanDriver

6,583 posts

275 months

Wednesday 26th September 2007
quotequote all
Pay-and-display bays

These bays provide short stay parking for motorists visiting a controlled parking zone. Some LA use pay-and-display machines instead of parking meters.

When parking in a pay-and-display bay during controlled hours, a ticket for all the time required must be purchased on arrival from a nearby machine and clearly displayed in the vehicle windscreen.

There is no grace period allowed to obtain change and motorists are not allowed to return later and purchase additional tickets.

The days and hours that restrictions apply are shown on the NEARBY sign plates and on the instruction plate on the machine itself. This instruction plate also shows the maximum stay permitted, the cost of parking time and the other conditions of use.


Permit holders' bays

These bays are reserved for holders of valid residents' permits, visitors' permits or business permits. The days and hours that RESTRICTIONS apply are SHOWN on the ZONE ENTRY SIGNS OR ON on the NEARBY SIGN PLATES.

From what you say the signs were there indicative to the side of the road with the particular restriction. Unless you can prove absense of signs or that they were turned round and unreadable then I doubt you have much chance on appeal to the adjudicator.

One has to be ultra careful these days when parking.

dvd

havoc

33,496 posts

266 months

Wednesday 26th September 2007
quotequote all
vincenz said:
However the bottom line is you parked somewhere you shouldn't.
But NOT KNOWING that it was wrong is, I believe, an absolute defence if you can prove a reasonable man wouldn't have known (which is typically by reference to adequate (or not) signage of the restriction).



I can't decide if councils are incompetent, or if they actively TRY to catch people out to rake in fines...

The Dirty Bubble

Original Poster:

747 posts

235 months

Wednesday 26th September 2007
quotequote all
I have been told that it is common for people to be caught out on this road. As my car disappeared up the road on a low loader I noticed there was another car parked up from mine that also was displaying a pay and display ticket, he probably ended up in the same situation as me.

walm

10,644 posts

233 months

Wednesday 26th September 2007
quotequote all
havoc said:
vincenz said:
However the bottom line is you parked somewhere you shouldn't.
But NOT KNOWING that it was wrong is, I believe, an absolute defence if you can prove a reasonable man wouldn't have known (which is typically by reference to adequate (or not) signage of the restriction).



I can't decide if councils are incompetent, or if they actively TRY to catch people out to rake in fines...
Havoc, when it comes to parking there are no "reasonable men" only council money-grabbers.
Although I am not surprised the OP was caught.
I have lived in 4 different London council areas and parked in many more and NEVER found that the signs on one side of the street apply to the other side.
In fact, more than that, I have ALWAYS found signs on BOTH sides, often multiple signs down each side as the bays change from P&D to residents and back again in what appears to be deliberately obscure signing designed to catch out non-residents. (You have to be particularly careful of the three white lines at the end of some bays telling you that there is a change in the status.)
However, you should probably challenge it anyway since often the councils don't follow through.
Also, I thought that councils could no longer tow you unless you were actively blocking traffic? Wasn't there a new law about that?


The Dirty Bubble

Original Poster:

747 posts

235 months

Monday 1st October 2007
quotequote all
Be interested to know if there is a law regarding this as I wasn't obstructing anything. Empty bays on both side of the road as well so people could still park. Council pictures should be with me soon.

streaky

19,311 posts

280 months

Monday 1st October 2007
quotequote all
Dwight VanDriver said:
One has to be ultra careful these days when parking.

dvd
One has to be ultra-careful doing almost anything these days ... the likelihood is it's illegal, or someone in 'authority' thinks it is! - Streaky



havoc said:
But NOT KNOWING that it was wrong is, I believe, an absolute defence if you can prove a reasonable man wouldn't have known (which is typically by reference to adequate (or not) signage of the restriction).
Ignorance of the law, an' all that! - Streaky

havoc

33,496 posts

266 months

Monday 1st October 2007
quotequote all
streaky said:
havoc said:
But NOT KNOWING that it was wrong is, I believe, an absolute defence if you can prove a reasonable man wouldn't have known (which is typically by reference to adequate (or not) signage of the restriction).
Ignorance of the law, an' all that! - Streaky
Only where it's a 'global' law (within the UK, naturally), not where it's a region-specific law.

The Dirty Bubble

Original Poster:

747 posts

235 months

Wednesday 3rd October 2007
quotequote all
Pictures still not turned up, fingers crossed the parking muppet forgot to download them at the end of his shift.

Parrot of Doom

23,075 posts

265 months

Wednesday 3rd October 2007
quotequote all
The Dirty Bubble said:
Last night I parked in a side street that had resident only parking on the right hand side of the road and residents and pay and display parking on the left hand side of the road. Unfortunately, the fact that there were different parking restrictions on each side of the road was not clear.

On the left hand side of the road there were large signs over pay and display machines located along the road showing you could park for up to 4 hours, there was no mention on these signs that different parking restrictions applied on the opposite side of the road (this was a narrow back street, not a main road). I purchased a pay and display ticket from one of these machines and placed it in my windscreen. I then parked in what I believed to be a pay and display parking space on the right hand side of the road.

I have just retrieved my car from the local pound at a cost of £260 because I was parked in a residents only bay with a pay and display ticket in my window (at the time the car was removed there was 10 minutes left on the pay and display ticket).

On revisiting this side road this morning I found at either end of the road on the right hand side a small sign on a post displaying resident’s only restrictions. There was no mention that this applies only to the right hand side of the road. I had not seen these signs as I had parked further up the road directly opposite one of the large signs above a pay and display machine on the left saying that pay and display was in effect.

Am I right in being pissed off? There were plenty of spaces on the left hand side of the road that I would have parked in had I known that parking restrictions were in effect on the right hand side of the road. It must have been obvious to the parking attendant that I had made a mistake otherwise why would I have bothered to buy a pay and display ticket?

I intend to appeal but thought I would post up here to see if anyone has been in a similar situation. The point I will be pressing is that it was not clear that different parking restriction were being enforced on different sides of the road, and in fact the way signs had been placed suggested that pay and display parking was on both sides of the road. I have requested the pictures the parking attendant took and have kept the pay and display ticket that was on my windscreen. I will take a camera and photograph the street I was parked on tomorrow (I only had a camera phone with me at the time and the photos are crap).

Any advice would be appreciated.
I have recently been in a very very similar situation with Islington Parking Services. Although I wasn't towed away, I did receive a ticket for £60 (£120 after 14 days) for parking in resident's only zone. As with your example, I parked on the wrong side of the street, the signage was almost identical, an honest mistake by me.

They had painted all the bays incorrectly. This makes them unenforceable. I appealed the ticket and they cancelled it (although they made up some spurious excuse).

I strongly recommend you read this thread:

http://forums.pepipoo.com/index.php?showtopic=2260...

Although I'm still waiting on the Leeds ticket (which you should read also), the Islington ticket starts on page 2.

The Dirty Bubble

Original Poster:

747 posts

235 months

Wednesday 3rd October 2007
quotequote all
Parrot of Doom said:
The Dirty Bubble said:
Last night I parked in a side street that had resident only parking on the right hand side of the road and residents and pay and display parking on the left hand side of the road. Unfortunately, the fact that there were different parking restrictions on each side of the road was not clear.

On the left hand side of the road there were large signs over pay and display machines located along the road showing you could park for up to 4 hours, there was no mention on these signs that different parking restrictions applied on the opposite side of the road (this was a narrow back street, not a main road). I purchased a pay and display ticket from one of these machines and placed it in my windscreen. I then parked in what I believed to be a pay and display parking space on the right hand side of the road.

I have just retrieved my car from the local pound at a cost of £260 because I was parked in a residents only bay with a pay and display ticket in my window (at the time the car was removed there was 10 minutes left on the pay and display ticket).

On revisiting this side road this morning I found at either end of the road on the right hand side a small sign on a post displaying resident’s only restrictions. There was no mention that this applies only to the right hand side of the road. I had not seen these signs as I had parked further up the road directly opposite one of the large signs above a pay and display machine on the left saying that pay and display was in effect.

Am I right in being pissed off? There were plenty of spaces on the left hand side of the road that I would have parked in had I known that parking restrictions were in effect on the right hand side of the road. It must have been obvious to the parking attendant that I had made a mistake otherwise why would I have bothered to buy a pay and display ticket?

I intend to appeal but thought I would post up here to see if anyone has been in a similar situation. The point I will be pressing is that it was not clear that different parking restriction were being enforced on different sides of the road, and in fact the way signs had been placed suggested that pay and display parking was on both sides of the road. I have requested the pictures the parking attendant took and have kept the pay and display ticket that was on my windscreen. I will take a camera and photograph the street I was parked on tomorrow (I only had a camera phone with me at the time and the photos are crap).

Any advice would be appreciated.
I have recently been in a very very similar situation with Islington Parking Services. Although I wasn't towed away, I did receive a ticket for £60 (£120 after 14 days) for parking in resident's only zone. As with your example, I parked on the wrong side of the street, the signage was almost identical, an honest mistake by me.

They had painted all the bays incorrectly. This makes them unenforceable. I appealed the ticket and they cancelled it (although they made up some spurious excuse).

I strongly recommend you read this thread:

http://forums.pepipoo.com/index.php?showtopic=2260...

Although I'm still waiting on the Leeds ticket (which you should read also), the Islington ticket starts on page 2.
Thanks Parrot of Doom, just what I was looking for. Will post update shortly.