Penalty Notice advice

[ads1377]

A friend has asked for advice regards a Penalty notice ( parking or loading in a restricted street and loading restrictions are in force) and wether or not it is worth contesting.

Obviously no obstruction is caused on the road or pavement, a cycle left in the same manner would not receive a ticket.

My view is that, as pedantic as it is, there is no get out?

Thoughts please.

Adam

[HantsRat]

There are double yellows. Double yellows apply to parking on the pavement too.

A moped is a motor vehicle, a cycle is not. The moped has to comply with the same rules as every other motor vehicles.

[kiethton]

Pay up and move on, although as a motorbike owner I sympathise the guy is bang to rights.

Would be good to have more bike bays however, especially with ground anchor points!

[PurpleMoonlight]

ads1377 said:

Obviously no obstruction is caused on the road or pavement

Thoughts please.

Adam

Please explain this?

[ads1377]

PurpleMoonlight said:

Please explain this?

I know what your getting at, just in that pedestrians, pushchairs, vehicles can still get past.

It doesn't cause much more obstruction than the actual sign in my opinion.

[HantsRat]

ads1377 said:

I know what your getting at, just in that pedestrians, pushchairs, vehicles can still get past.

It doesn't cause much more obstruction than the actual sign in my opinion.

That is true however the offence is parked in a restricted area (I.E. double yellow lines) not for causing obstruction. The pavement forms part of the highway.

[Pica-Pica]

The double yellow lines on the road mean no parking at any time; the double yellow short stripes on the pavement (at right angles to the road) mean no loading/unloading at anytime.
In past conversations with police (as a Councillor), they told me they would not prosecute unless a proven actual obstruction had occurred, if the land (in one case it was council owned, and a grassed area) was private, it was not a police matter.

[Drumroll]

Pica-Pica said:

The double yellow lines on the road mean no parking at any time; the double yellow short stripes on the pavement (at right angles to the road) mean no loading/unloading at anytime.
In past conversations with police (as a Councillor), they told me they would not prosecute unless a proven actual obstruction had occurred, if the land (in one case it was council owned, and a grassed area) was private, it was not a police matter.

The problem with conversations like this is:

A) the police are not lawyers, so don't always "know" the actual law/regulation.
B) Most parking enforcement has now been passed to councils.
C) Parking enforcement officers are not lawyers, so don't always "know" the actual law/regulation.

Hence why we have appeal procedures, and sometimes they don't know the law.

[ads1377]

May it be worth challenging the fine then on the basis that no actual obstruction was caused?

[kiethton]

ads1377 said:

May it be worth challenging the fine then on the basis that no actual obstruction was caused?

No, you've contravened the double yellow line markings irrespective of the lack of obstruction

[ads1377]

Okay dokie, I’ll pass it on, thanks for the advice guys.

[HantsRat]

ads1377 said:

May it be worth challenging the fine then on the basis that no actual obstruction was caused?

Read what I posted above. The penalty notice is for parking on double yellows, not for obstruction.

[ellroy]

Whilst not strictly helpful to the OP, this may at least cheer him up and offer some helpful tips for future reference.

http://youtu.be/2Gkiw7zpULo