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Manchester parking fine - Big Injustice - HELP PLEASE.

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mrbluesbox
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Joined: 14 Sep 2006
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PostPosted: 14:36 - 27 Jul 2007    Post subject: Manchester parking fine - Big Injustice - HELP PLEASE. Reply with quote

Hi All

Ive just recieved a fine from a 2 parking wardens while i was parked under a veranda of a building with the owners consent.
The two warden were actually called in by a manchester city councellor - Graham Bantham. He actually called the wardens and told them to issue tickets according to him. I have therefore recieved a ticket for "parking in a restricted area during prescribed hours".
Ive got 2 problems with this.
Firstly is this actually an offence as i was under the veranda which surely must be part the building that owns it - and the building owner has told me that is it not.
Secondly - there were 2 bikes parked under the veranda - mine got a ticket the other got a warning.
Surely this must be wrong - i should have got a warning at worst the same as the other bike.
Im intending on appealing the ticket on the ground that were i park was part of the building and if that fails i want to get all three on grounds of victimisation as thats the only reason i can think i got a ticket and the other bike didnt.
Mr Bantham and both the parking warden refused to answer my questions while i was making a recording on my mobile as to why one bike recieved a warning and one a ticket.
Ive managed to get the warning notice from the other bike owner so i have both bits of paper to back this up.
Ive included a pic of both bikes parked if anyone wants to take a look - mines the black bike that got a ticket and the red one didnt.
Any suggestions on wether im totally wrong on this or how i should go about the appeal would be greatly appreciated as to say im angry is a bit of an understatement.

Thanks

Gaz.
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St0rmer66
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PostPosted: 14:59 - 27 Jul 2007    Post subject: Reply with quote

Legally you may find you don't have a leg to stand on, but they're being very pedantic about it. Basically they could say that you were blocking part of the footpath (and therefore causing an obstruction) with your bike but the red scooter wasn't as he is behind the pillar (where nobody would walk anyway, but he got a warning for still technically being on the path). It sucks and I don't agree with it, but that's what they may say. I would still try to appeal though, if you cause enough of a fuss they might give in as it won't be worth their while going to court for it.
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mrbluesbox
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PostPosted: 15:20 - 27 Jul 2007    Post subject: Reply with quote

Thanks for the advice.
Ive just called the parking office and apaprently parking under a veranda still counts as parking on the pavement so i wouldnt be able to get away with it on those grounds - however it still doesnt answer the question as to why the other guy wasnt ticketed when i was.
They even told the other bikes owner that if he parked there tomorrow he would recieve a ticket - so hes been let off and ive been nailed.
The other guys had 2 tickets too for parking in the same place - one he paid the other he got away with.
Im absolutely fuming about this and theres no way im gonna pay the fine if i can get away with it.
I know its only a 30 quid fine if i pay within 14 days but i really do believe ive been done an injustice and im not gonna pay the fine so, does anyone reckon id have any form of defense if it went to court cos that seriously what im thinking about doing at the mo.

Thanks.
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Finglonga
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PostPosted: 16:46 - 27 Jul 2007    Post subject: Reply with quote

I'm afraid your bike is on the pavement and the scooter isn't. Technically I would say the scooter isn't on the public highway there as its within the buildings boundaries. But you would need to look at the building plans to confirm that. Confused
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headlamp
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PostPosted: 16:48 - 27 Jul 2007    Post subject: Reply with quote

Having looked at the photos I do think you parked on the pavement and the wardens were within their rights to issue a ticket. The red bike looks like it was parked on land that forms part of the bulding, so consequently not technically on the pavement.
I think an appeal won't get you anywhere, you contravened the byelaws - period. Your best course of action is to tell the councillor that he has 'victimised' you and that he'll be reading all about it in the Manchester Evening News, which will affect his chances of re-election.
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mrbluesbox
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PostPosted: 17:09 - 27 Jul 2007    Post subject: Reply with quote

thanks for the advice everyone.
ive written a nasty letter to the parking complaints dept along the lines of "both bikes should have been fined or none at all and id like to know why youve discriminated against me, i hope we can sort this out and i dont need to go to the press"
Im just really pissed as the other bike owner was told if he parked in exactly the same place hed be given a ticket tomorrow whereas i was penalized straight away.
Ive parked there for the last 3 months and the hundreds of other parking attendants have had no problems with people parking up there - most days there are up to 4 bikes there.
probably aint gonna get it revoked but i can try i guess.
anyone who parks in manchester just be careful - i know i will from now on if warden sare stooping this low to issue tickets Sad
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Skudd
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PostPosted: 20:06 - 27 Jul 2007    Post subject: Reply with quote

The bad news is that you were parked on the highway and the other bike was not.
The better news is that you need to ask why it needed the councilor to call the traffic wardens when they should have done the job themselves, either the councilor regards the traffic wardens as his own personal private parking army or they have been incompitent and not done their job properly and so therefor should be disiplined for not carrying out their duty to the best of their ability. With the councilor being a local government official that has been elected his address should be easy to find and I bet you he causes more parking infringements or his family do than you have done, for example how far from a corner does he park his car, how far from the kerb, does he park with a wheel on the pavement, has he reversed for more than is necessary. You also have the fact that he would not speak to you while he was being recorded. Is he honest, openand transparant or is he one who voted for the congestion charge knowing that the tax payer will pay for his vehicle to enter Manchester. You could also put a formal complaint in about him. It doesn't have to go anywhere but it will be a record against him for future. All this is petty and vindictive, but can be good fun in a very mischievious way.
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colin1
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PostPosted: 20:43 - 27 Jul 2007    Post subject: Reply with quote

i agree the black bike is parked on the pavement and the red one isnt

tough luck pay up
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olionel
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PostPosted: 21:52 - 27 Jul 2007    Post subject: Reply with quote

bad luck man.

If any of you peeps want to park in Manchester city centre, a safe place to park is the uni of manchester north campus bike park, its under the railway arches opposite the security lodge on Sackville Street (on your right towards city centre)
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TheShaggyDA
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PostPosted: 22:10 - 27 Jul 2007    Post subject: Reply with quote

"Roads" are considered to include the pavement, up to the wall when it comes to parking. The black bike is effectively "parked" on a yellow line, the red one isn't.
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gmanxiii
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PostPosted: 22:37 - 27 Jul 2007    Post subject: Reply with quote

i work in manchester and ive started to park on the pavement outside work again, my colleague has parked there for over a year now but a few months back a warden threatened to ticket us if we didnt move them. we argued there is not enough bike bays as they seem to be always full, he just strugged his shoulders and said we cant park there. anyways last few weeks my colleague started parking there again and the wardens havent said anything. guess some are alright with it some arent. i always see tons of bikes on the pavement especially against the wall behind the town hall and central library, theres normally about a dozen bikes on that stretch..
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Stiffler
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PostPosted: 23:55 - 27 Jul 2007    Post subject: Reply with quote

Aye as Gmanxiii says there is a major shortage of actual bike bays in central Manchester. The bad news is that outside of these bays officially you can't park anywhere where you couldn't legally park a car. Which is a total nightmare if a warden wants to go by the book.

Having said that, I've seen lots of people park on pavements and use bicycle bays without trouble. It's a bit of a gamble I guess Mad You seemed to be fairly unlucky this time... Is that photo from the Northern Quarter? If so there is sod all Motorbike facilities near by and the Councilor was a complete Jerk! If the nearest motorbike bay is too far away next best thing is to use a Bicycle point (although this isn't necessarily legal most wardens don't know any better)

FYI - Manchester Motorbike Bay Map

I used to work at the Universities which is great as they provide lots of motorcycle parking all over the campus.

Better luck next time.

Tim
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Spoon261
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PostPosted: 02:33 - 28 Jul 2007    Post subject: Reply with quote

I read that the law states you can park a motorbike on the pavement as long as its not were pedestrians would naturally walk. For instance a telephone or post box on the pavement stops people walking through them, so a motorcycle can park next to them, since pedestrians would not naturally walk up to them and then turn sharply. Theirs also those dead areas of pavement that people never use to get to their destination.

This law does not apply to London, which has special permission to remove this law.

I would however check for yourselves before taking my advice, I do not wont to be responsible if it goes wrong.

I wonder about motorcycles parking in bicycles bays.
They can not prosecute you for parking on the pavement since its not possible to block pedestrians from walking since their already blocked by the bike bay.
They could claim the sign shows a bicycle with pedals, well the tax disc says bicycle and the first motorcycles did have pedals. But I bet they will find some reason, but if theirs no sign they can not win?
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Spoon261
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PostPosted: 03:04 - 28 Jul 2007    Post subject: Reply with quote

The following link is the law I found https://www.parkingticket.co.uk/sh.html

Also traffic wardens might be carefull with motorcyles after this news item https://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/06/28/ntext228.xml
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Stiffler
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PostPosted: 11:46 - 28 Jul 2007    Post subject: Reply with quote

Spoon261 wrote:
I read that the law states you can park a motorbike on the pavement as long as its not were pedestrians would naturally walk. For instance a telephone or post box on the pavement stops people walking through them, so a motorcycle can park next to them, since pedestrians would not naturally walk up to them and then turn sharply. Theirs also those dead areas of pavement that people never use to get to their destination.

This law does not apply to London, which has special permission to remove this law.

I would however check for yourselves before taking my advice, I do not wont to be responsible if it goes wrong.

I wonder about motorcycles parking in bicycles bays.
They can not prosecute you for parking on the pavement since its not possible to block pedestrians from walking since their already blocked by the bike bay.
They could claim the sign shows a bicycle with pedals, well the tax disc says bicycle and the first motorcycles did have pedals. But I bet they will find some reason, but if theirs no sign they can not win?


Spoon: Manchester Motorbike Parking

And yes I've seen people challenged and prosecuted for parking in bicycle bays... But it's very rare.
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