parking bay infringement
parking bay infringement
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Richards 7

Original Poster:

124 posts

245 months

Tuesday 11th December 2007
quotequote all
parked well within the confines of a bay paid the 80p, displayed the ticket but.....got a PCN!!! Apparently the council say that there was a 'hatched' area around a lamp standard at the edge of the bay. this was there to 'protect' the lampand since 1 wheel was on this the PCN was issued. So....next course of action....suggestions?? pay the tax, oops sorry fine, appeal, but to whom?

feeling annoyed because i paid in geed faith, took up one bay and impeded no one

advice please

R

MilnerR

8,273 posts

289 months

Tuesday 11th December 2007
quotequote all
Appeal. The ticket is put on hold, so if you go over the 7 day reduced fine limit it doesn't matter. Get down to the parking bay with a film camera and take lots of shots of where you parked and what state the lines were in. If the markings are not legal then the parking fine is not legal either.

ETA, make sure you have your original ticket (the 80p one) to show you had paid.

Edited by MilnerR on Tuesday 11th December 12:31

Conian

8,030 posts

232 months

Tuesday 11th December 2007
quotequote all
Poor lamp post must have been shaking in it's ...... concrete foundations.
FFS what a bunch of tossers.

joewilliams

2,004 posts

232 months

Tuesday 11th December 2007
quotequote all
Do you have photos?

Dwight VanDriver

6,583 posts

275 months

Tuesday 11th December 2007
quotequote all
Parking bays under Traffic Signs and General Directions 2002 to be lawful must be of the following size:

Width : 1800mm min/2700 max

Length: 4500mm min/6600 max.

If the so called lamp hatch interferes with the bay size then it does not comply and an arguement for appeal.

dvd

Richards 7

Original Poster:

124 posts

245 months

Tuesday 11th December 2007
quotequote all
Thanks very much for that I will get the tapemeasure out.

Not normally annoyed at this sort of thing but since the car was parked 'within' the bay and I did pay the charge then I feel rather angry. If straddling two bays, no payment then OK but this is just money grabbing.

R

bryan35

1,906 posts

272 months

Tuesday 11th December 2007
quotequote all
even if it straddles 2 bays, have a read of the conditions on or near the payment machine. From what I gather what's written there about conditions of parking constitutes the contract you enter when your've put your money in and got your ticket, so if it doesn't specificially say 'be parked within a bay' then as long as not contrevening anything else (double yellows etc) it doesn't matter.

For instance, a machine in Hull only mentions the charges for parking on the particular street, so you can park where you like as long as not parked illegally. Pointed this out when got a ticket, and got it cancelled by ticket office.

Parrot of Doom

23,075 posts

265 months

Tuesday 11th December 2007
quotequote all
Also check the bay markings. There are only two types of bay. A long bay with no individual car spaces must be terminated with single white lines. A long bay with individual car spaces must be terminated with double white lines.

I've appealed two tickets on this basis and won both.

http://web.mac.com/rmbscarb/iWeb/rmbconsulting/Mak...

tvrgit

8,490 posts

283 months

Tuesday 11th December 2007
quotequote all
Dwight VanDriver said:
Parking bays under Traffic Signs and General Directions 2002 to be lawful must be of the following size:

Width : 1800mm min/2700 max

Length: 4500mm min/6600 max.

If the so called lamp hatch interferes with the bay size then it does not comply and an arguement for appeal.

dvd
Very true for spaces on the public road. If this was an off-street space though, minimum dimensions would not apply.

Martin_Bpool

299 posts

237 months

Friday 14th December 2007
quotequote all
Richards... any update on this?