Worth appealing?
Author
Discussion

Seesure

Original Poster:

1,230 posts

269 months

Thursday 4th June 2015
quotequote all
Mate of mine just sent this across on email to me...

He'd got back from a meeting in London today and the ticket on the front is for "not parking within a designated bay" ...

He'd paid for a full days parking, so no loss of income and there is no signage or hatching to say that it is not a spot to be used for parking...

Parking company is one of the mainstream biggies... with over 1.3m spaces over 12 countries in Europe...

I've told him to drop it on the Pepipoo, but out of curiosity what do the PH masses think..?



Roo

11,504 posts

237 months

Thursday 4th June 2015
quotequote all
I would say it's not in a space.

kiethton

14,667 posts

210 months

Thursday 4th June 2015
quotequote all
If those markings look the same on the other side it looks like all other spaces, barring that thing in one end, but being a smart it's within the bay...

Appeal it, via POPLA if necessary, it won't go anywhere especially as they've had payment...

Funkycoldribena

7,379 posts

184 months

Thursday 4th June 2015
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Better off going to pepipoo,too many with vested interests on here.

Feirny

2,949 posts

177 months

Thursday 4th June 2015
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Worth a try as it's not a hatched area. Worst outcome is he has to pay the fine, really.

R8Steve

4,150 posts

205 months

Thursday 4th June 2015
quotequote all
Looks like a space going by the markings, albeit if he wasn't driving a smart it wouldn't fit.

It's not causing an obstruction and if anything they've profited by being able to squeeze another car in. hehe

Appeal it.

Seesure

Original Poster:

1,230 posts

269 months

Thursday 4th June 2015
quotequote all
Roo said:
I would say it's not in a space.
I agree that (IMHO) it's not an official space but my mate is adamant that there is no signage to clarify.

I've suggested he gets a picture of the space without the car being there.

He's going to appeal as he paid the £7.40 for the day to park, so the parking attendant ticketed him on a technicality which is assumed rather than being specific, as the only reference is to parking within the lines of parking bays.

I guess it could be argued that as a small car has parked with in the space he is within the markings, I'm not sure what they would have done if a motorbike had been parked there though...

I'm guessing that it was originally a full sized space but the pay station was put there when the car park was extended.

speedking31

3,958 posts

166 months

Thursday 4th June 2015
quotequote all
They may argue that the wheels are in but the car is overhanging and therefore outside the space. Thought that was the case for double yellows, i.e. it is the bodywork not the wheels that determines whether you are parked on yellow lines.

mybrainhurts

90,809 posts

285 months

Thursday 4th June 2015
quotequote all
Bunch of thieving bandits.

PurpleMoonlight

22,362 posts

187 months

Thursday 4th June 2015
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Innovative parking and definitely worth fighting.

flemke

23,508 posts

267 months

Thursday 4th June 2015
quotequote all
Seesure said:
Mate of mine just sent this across on email to me...

He'd got back from a meeting in London today and the ticket on the front is for "not parking within a designated bay" ...

He'd paid for a full days parking, so no loss of income and there is no signage or hatching to say that it is not a spot to be used for parking...

Parking company is one of the mainstream biggies... with over 1.3m spaces over 12 countries in Europe...

I've told him to drop it on the Pepipoo, but out of curiosity what do the PH masses think..?


As Keithton says, the short white line heading towards the smart car indicates that this is a parking bay.

Query: Was there a white line across the far end of the other bays (defining the innermost edge of them), which was absent from this bay because of the paying machine?

mgtony

4,218 posts

220 months

Thursday 4th June 2015
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That space has a more prominent white part of the 'T' than the space next to it with the faint yellow hatchings with a car parked on it. Bet that one never got a ticket. smile

It looks like it clearly was a space until someone plonked the ticket machine in there.

maurauth

749 posts

200 months

Thursday 4th June 2015
quotequote all
I appealed a ticket in Southampton City council for being outside a marked bay by using a corner that isn't marked but does not block access or affect any other car park users by parking there.

Appeal was successful, dunno if they're just soft on appeals or because I didn't cause them any costs and any parking charge due would not have been recovering a cost but enforcing a punishment. If anyrhing I made them an extra £3 quid for parking somewhere that isn't normally costed.

YMMV if it's not a council car park, if it's a private company most people will tell you to ignore them and don't make any contact as it most likely will go away as they don't want to have to take you to court over £50.

btcc123

1,243 posts

177 months

Thursday 4th June 2015
quotequote all
To me it seams that the parking attendant is not disputing that it is indeed a parking bay as the ticket on the car says "not parking within a designated bay".So they are admitting its a parking bay but not parking within it.

The rear of the car is slightly over the line but think that is very harsh to give a ticket for that.What we cannot see is the markings of the bay on the other side of the car but if they are ok I would have thought if it was appealed he would have a good chance of winning.

lbc

3,339 posts

247 months

Thursday 4th June 2015
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I would guess the car is not parked within the white lines on the left side which is not shown in the picture.

speedking31

3,958 posts

166 months

Friday 5th June 2015
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btcc123 said:
To me it seams that the parking attendant is not disputing that it is indeed a parking bay as the ticket on the car says "not parking within a designated bay".So they are admitting its a parking bay but not parking within it.
Eh! If you parked in the aisle the ticket would say "Not parking in a designated bay." Doesn't mean the aisle is a bay.

Seesure

Original Poster:

1,230 posts

269 months

Friday 5th June 2015
quotequote all
Well he's appealed already... I'll update once he let's me know how he get's on. Looking at an old Google image from 2008 it looks as though it was indeed a parking bay, but with the ticket machines being replaced it seems as though they have been moved from between the rows to actually in to what was a fully fledged bay...

HantsRat

2,410 posts

138 months

Friday 5th June 2015
quotequote all
It's obviously not a parking bay. Looks at the ticket machine in the middle of it!

Theres a couple of smart car owners where I live who think standard parking rules don't apply to them because they have a small car.

Why would anyone buy one of those hideous things anyway?

Seesure

Original Poster:

1,230 posts

269 months

Friday 5th June 2015
quotequote all
This image from Google shows the ticket machines in 2008 which have been moved for some reason in to the bay occupied by the Audi A3, so I'm guessing he could argue that it was historically a bay and there was nothing visible to say / indicate that a small vehicle couldn't utilise the space...


HantsRat

2,410 posts

138 months

Friday 5th June 2015
quotequote all
Seesure said:
so I'm guessing he could argue that it was historically a bay and there was nothing visible to say / indicate that a small vehicle couldn't utilise the space...
I would say a ticket machine in the middle of the bay is a pretty clear sign it's not intended as a parking bay!