Are you legally obliged to check your car every day?

[Z4STER]

Hi All,

I'm currently in dispute with my local council about a parking ticket I received on my street, which is a resident permit only street, for which I have a clearly displayed permit in the windscreen. What with tax and insurance you would think I pay enough to park in my own street!!

Long story short, the day before we went on holiday a Bay Suspension sign was put up suspending the bay in which my car was parked, bay to be suspended in 3 days time for a removals van to park in. So I was not in the country on the day the bay was to be suspended, but I did not see the notice in the one day before I went away, because I had no reason to go and check my car.

Their Parking Appeals Officer has over-ruled my appeal stating, "..the Parking Adjudicator stated 'It is incumbent on the motorist to check daily the legal parking position of her/his vehicle'"

Is this correct? If so, I hope all of you who park in the street are checking your cars on the street and looking for Bay Suspension signs daily.

All advice, legal or experience welcome.

Thanks, Ken

[citizen_smith]

IANAL, but I'm quite sure they have to give at least two weeks notice in writing for any new parking restrictions.

Edited by citizen_smith on Thursday 17th June 20:31

[Red&WhiteMonkey]

I guess it all depends on how long you were away and whether that period of time is reasonable. I'd contest it in court and represent yourself. Chances are the Council won't bother defended their case and you'll get off by default. If not state your case reasonably to the court and ask for common sense to prevail. I'd be surprised if they weren't legally obliged to give a statutory period of notice before suspending the parking.

[Z4STER]

Thanks for the good advice. I'll contest this one all the way and hopefully common sense will prevail.

Anyone had a similar case? What if your car is parked 3 or 4 streets away? Are you legally obliged to go and check it every day in case a parking restriction has been put up where it is parked?

This country has gone to pot if this is true..

[Z4STER]

Bump, for the morning crowd..

[GJB]

One of my customers runs an `enforcement company` and makes a very nice living out of it.

When signs started appearing on lamposts in my area warning of £70.00 fines for parking near to our local shops and restaurants I asked him for his thoughts.

He said that they (his company), along with councils and safety partnerships tended to work on the percentage game. Most people haven't got the bottle to stand their ground and pay up without much effort. Easy money.

So far I have (in 3 years) received 4 notices threatening that I will have everything I own taken from me and live in abject poverty for the rest of my life...or some such twaddle. The notices look very, very officious and that is the whole point. Very rarely will any of them pursue you to the end of the earth and I tend to shred the rubbish and have it recycled.

Send them a letter asking them to take you to court or to stop bothering you and state that if you have heard nothing with 28 days you will take that as closure on the matter. Clearly and politely state your position and post it to them by recorded delivery. Put the ball in their court.

[Ozzie Osmond]

GJB said:

Send them a letter asking them to take you to court or to stop bothering you and state that if you have heard nothing with 28 days you will take that as closure on the matter. Clearly and politely state your position and post it to them by recorded delivery. Put the ball in their court.

Sound advice.

[BliarOut]

It would be reasonable to expect people to be out of the country for up to two weeks at this time of year for notification purposes. Three days is too short.

[TooLateForAName]

Ozzie Osmond said:

GJB said:

Send them a letter asking them to take you to court or to stop bothering you and state that if you have heard nothing with 28 days you will take that as closure on the matter. Clearly and politely state your position and post it to them by recorded delivery. Put the ball in their court.

Sound advice.

It may well be, but it isn't applicable to this case.

That would be fine with a private contractor, but this is a council. I would pursue the inadequate notice argument. Get the details of the procedures they follow and whatever law applies.

Edited by TooLateForAName on Friday 18th June 09:58

[Z4STER]

Thanks all.

So my plan of action is:

Stand ground, get full details of inadequate notice argument and council's procedures.

Hope that common sense prevails in court and that 20 hours notice is seen as inadequate notice.

And some other tactics, not for discussion on this forum :-)

Thanks to caboosemoose for Nottingham "court" tip.

Wish me luck...

[Z4STER]

This all comes down to "Sufficient warning" of time before the bay suspension came in to effect. The sign went up with 3 days notice before the bay was to be suspended, but I left the country 20 hours after the sign went up, so I did not even get 24 hours warning of the bay suspension.

Does anyone have a legal understanding or experience of "Sufficient warning" with reagrds to parking bay suspensions?

[Tallbut Buxomly]

This may help...

http://forums.pepipoo.com/index.php?showtopic=4993...

Slightly confusing but the signs need to conform and be authorised by the correct authorities.