Parking Fine for being "badly parked" !!
Parking Fine for being "badly parked" !!
Author
Discussion

mjr

Original Poster:

23 posts

276 months

Wednesday 18th February 2004
quotequote all
Has anyone had any joy contesting a fine for being badly parked?

Girlfriend has just got fined, the warden claimed that the car was badly parked which I think means was touching the parking space markerline (near to a cycle parking bay). She was on a meter, and within the time paid for.

She maintains that the car was within the zone, but very close (if not on) the line. She has phoned to complain and had the call logged saying she is going to contest, but has been told to put it in writing.

Any advice on contesting this would be really gratefully received. Cannot let these people win without a fight

mjr

pdV6

16,442 posts

279 months

Wednesday 18th February 2004
quotequote all
Hope she took a photo otherwise its her word against theirs

Plotloss

67,280 posts

288 months

Wednesday 18th February 2004
quotequote all
Just write to them, chances are they will think is it worth the effort and roll over.

puggit

49,234 posts

266 months

Wednesday 18th February 2004
quotequote all
www.parkingticket.co.uk/ is a wealth of info for fighting tickets

mjr

Original Poster:

23 posts

276 months

Wednesday 18th February 2004
quotequote all
She had no camera with her so no evidence to back up her story.

I presume that the warden will have taken a picture as "evidence" (although how a photo can be admissible is beyond me - so easy to doctor).

Thanks for the replies

rodney59

424 posts

266 months

Wednesday 18th February 2004
quotequote all
mjr said:
She had no camera with her so no evidence to back up her story.

Could go back, park in the same spot and get a photo then. How do they know its not the same time/day?

Plotloss

67,280 posts

288 months

Wednesday 18th February 2004
quotequote all
Hackney council carry cameras and will mail the photos if you contest it.

Surely though badly parked is a subjective viewpoint?

I blame parking wardens being incentivised personally...

gh0st

4,693 posts

276 months

Wednesday 18th February 2004
quotequote all
Cant judge as I wasnt there.

If she was parked properly then the traffic warden is clearly a freak with far too much time and "power" on their hands.

If she wasnt parked properly then as far as im concerned the car should have been towed away and crushed with no appeal. Cant stand people who cant be arsed / too lazy to check their parking.

Yes you know who you are those who use my local Tesco's.... (usually the B**'s and the Micras)

The Wiz

5,875 posts

280 months

Wednesday 18th February 2004
quotequote all
Nothing to do with this 'too far from the curb' rule?

mjr

Original Poster:

23 posts

276 months

Wednesday 18th February 2004
quotequote all
The Wiz said:
Nothing to do with this 'too far from the curb' rule?


Don't think so, seems the issue is whether the car was in the bay or slightly overlapping into a (motor)cycle bay. She is a very good driver (number of trackdays etc) and her parking is normally good.

Would imagine that it is a question of how much of the car was in the adjacent bay. Was in Westminster Council, so anyone know if they take pictures?

Will probably contest and see what happens.

fallon

1,391 posts

284 months

Wednesday 18th February 2004
quotequote all
I've contested a fixed penalty notice for this same reason for my other half, Dan.

He arrived at a pay and display to find only once available space, part of which had been selfishly taken up by a berk in a Merc.

He parked as best he could with quite literally only a couple of inches of the car overhanging the space. In any case, the bay he parked in was at the end of a row so he wasn't going to cause anyone parking next to him any problems.

He checked his parking before leaving the car because the wardens in this particular car park are notorious for being complete tyrants.

Of course, you've guessed it, on his return to the car, he'd been given a ticket. The warden he spoke to had declined to give the badly parked idiot in the Merc a ticket because (in her words) "he was leaving anyway" and she'd decided to give Dan a ticket because he had "obstructed" Mr Merc's exit!

The warden had actually witnessed everything that happened from the time Dan entered the car park, so she was basically waiting to pounce.

Really, really unfair in my opinion and I will be contesting it further if the penalty charge notice is not cancelled.

mjr

Original Poster:

23 posts

276 months

Wednesday 18th February 2004
quotequote all
"Code No. 24

On street- Not parked correctly within the markings of the bay or space

Where a parking bay or space has been marked out by means of white bay markings, a vehicle must park so that all its wheels are contained entirely within these markings. Parking with one or more wheels outside the bay markings, perhaps extending onto a yellow line or into another parking bay, forms a contravention."

Source: www.parking-appeals.gov.uk

So, it seems that it is the wheels that count rather than the bodywork. Does anyone know the rules relating to this PCN? The car was parked at the side of the a road without any marked bays for cars, only a zone marked for bikes at one end. Could this mean that the PCN does not apply as there was not a "parking bay or space (which) has been marked out by means of white bay markings"? Or does "space" constitute the whole area for car parking?

My girlfriend says that if the wheels were outside then it must have been incredibly close. Probably would have not been picked up outside of Westminster who I think pay bonuses to their wardens


>> Edited by mjr on Wednesday 18th February 16:45

streaky

19,311 posts

267 months

Wednesday 18th February 2004
quotequote all
mjr said:
[ ... ] The car was parked at the side of the a road without any marked bays for cars, only a zone marked for bikes at one end.

[ ... ]

My girlfriend says that if the wheels were outside then it must have been incredibly close.
"Outside what"? You say there were no bays marked except for the motorcycle zone. So, was she "parked" (i.e one or more wheels) within this zone?

If so, then the front or rear bodywork must have protruded further into the motorcycle parking zone, causing some obstruction.

Perhaps that's the warden's case?

Streaky

>> Edited by streaky on Wednesday 18th February 21:33

mjr

Original Poster:

23 posts

276 months

Wednesday 18th February 2004
quotequote all
Sorry, confusing English.

G/F believes that the wheels were not inside the motorcylce parking zone, but were very close to the line. My earlier question was as there were no individual parking "bays" on the road available for parking cars would PCN24 apply?

The front of the car would therefore have been in the motorcycle bay but this does not seem to be an offence according to my previous post (although not very polite to motorcyclists - but thats a different topic!)

icamm

2,153 posts

278 months

Wednesday 18th February 2004
quotequote all
If she was parked so that either the front or rear of her car entered the marked bay she may have been done for obstructing a marked parking bay or something similar.

Just like if you overhang a the end of yellow line then you can get done for parking on the yellow line.

leosayer

7,581 posts

262 months

Wednesday 18th February 2004
quotequote all
I've often had to park 'badly' simply because the car in the adjacent bay is also parked badly, leaving me no room to park 'correctly'. When I get back to the space, it looks like I'm the one who has parked badly, as the other car has gone.

Might be worth trying something like that as an excuse.

mjr

Original Poster:

23 posts

276 months

Monday 15th March 2004
quotequote all
Update.

We have written back to Camden stating that we do not believe that the car was badly parked.

They have replied that the warden thought that we were, and they are going to proceed with the ticket. We now have 14 days to pay or the fine is doubled to £100 and we can contest further if we choose.

Does anyone know the process from here on? I understand it goes to some form of arbitration where Camden will have to provide some sort of proof.

I am guessing that they will have some sort of photo evidence, is there any way we can see this evidence before we contest this further? And if the ruling goes against us do we get a chance to pay the £50 rather than £100 fine???

All help greatfully received.