Parking
Author
Discussion

vroom

Original Poster:

665 posts

302 months

Wednesday 17th March 2004
quotequote all
Morning all.

Any advice on the following would really be appreciated.

A few weeks ago I parked my car in Chersterfield. It was a terrace street that was full of cars.

To cut a long story short, I was in a rush and I parked on a 'no vehicles accept for access' street, which had a permit users, scheme in operation. I now have a magistrate's court summons.

In previous correspondence with Derbyshire Constabulary, I admitted it was my car parked where it was etc…

I now have to complete a means enquiry form and return it to the court.

Does anyone know what sort of fine this offence carries?

I find it very frustrating that a genuine cock-up' on my part has resulted in this & the potential financial implications.

Cheers,

Nick

Dwight VanDriver

6,583 posts

262 months

Wednesday 17th March 2004
quotequote all
Name the offence and Act/Section from the summons and may be able to help.

DVD

Flat in Fifth

47,146 posts

269 months

Wednesday 17th March 2004
quotequote all
Was this on Hipper Street South by any chance?

vroom

Original Poster:

665 posts

302 months

Wednesday 17th March 2004
quotequote all
Alexdandra Rd West

Flat in Fifth

47,146 posts

269 months

Wednesday 17th March 2004
quotequote all
OK, small cul-de-sac off Foljambe Road north of West Bars traffic island.

You need to tell my old mate DVD the specifics if you can and, as per usual, will get a rather good answer from him but...

did you pass a sign like this? >>

<a href="http://www.hmso.gov.uk/si/si2002/02311335.gif">www.hmso.gov.uk/si/si2002/02311335.gif</a>

I know the example in the link says play street but its all in the alternate wording. The key is the red circle, may have had symbols inside, probably not if I recall correctly.

I would guess the charge is for ignoring a traffic sign? Sect 36 Road Traffic Act 1988, am I right?
edited to add

I take it that you were not actually visiting anyone on that street were you?

DVD I'm getting as bad as you!



>> Edited by Flat in Fifth on Wednesday 17th March 17:15

vroom

Original Poster:

665 posts

302 months

Thursday 18th March 2004
quotequote all
Thanks Guys,

'Contrary to sec 5 of the road traffic regulation act 1984 & the Chesterfield Borough Council (various streets) town centre traffic regulation order 1976.

Caused a motor vehicle to proceed along a road which has restricted access'

Basically, with my pregnant wife who was going shopping & I was going to watch the footy.

Had to park up hastily as she was throwing up & other stuff so had to ditch the car ASAP to help. Checked for permit signs - none and not all cars had permits.

Stayed with her for one hour (didn't see the footy), returned to the car and had a ticket.

Cheers,

Nick.

Dwight VanDriver

6,583 posts

262 months

Thursday 18th March 2004
quotequote all
Vroom

Chesterfield BC in 1976 invoked their powers under Road Traffic Regulation Act in being at that time to create a Traffic Regulation Order to prohibit what you describe you did.

Section 5 RTRA 84 makes it an offence to disobey the Order and Road Traffic Offenders Act 1988 provides the penalty:

Max of 1000 pounds fine (that is the max - your local paper may carry an idea what the going rate is. Near a footie ground so will be much abused). Good news there is no discretionary disqualification or penalty points.

The forms re you financial status are for the information of the Bench for should you be convicted it gives them an idea what they can fine you.

Street should have signs showing restriction access.
See
www.tinyurl.com/2ny71
accompanied by
www.tinyurl.com/26s4e

If not then Order cannot be enforced. Obviously not a sign to which S36 RTA 88 applies otherwise you would have been reported for failing to conform to a Traffic sign with a larger sting in the penalty.

Also if possible have a look at the Order (Chesterfield BC Offices or Plod shop) as there will be certain exemptions but I doubt from what you say there will be any that covered your circumstances ?

DVD

>> Edited by Dwight VanDriver on Thursday 18th March 14:36