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Motorcycle parking fine- go to court or swallow the charge?

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mrtEE
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PostPosted: 21:57 - 08 Dec 2009    Post subject: Motorcycle parking fine- go to court or swallow the charge? Reply with quote

Recently I parked in a motorcycle parking bay in London and when I returned there was a parking fine on the bike.

I then realised there was a parking suspended sign (about a3 size) 15 foot up on a pole one end of the bay. I wrote a letter to them appealing the fine due to the poor signage and they rejected the appeal.

I now have the choice of going to court and potentially paying £120 (plus possible court costs) or paying £60 now.

See the letter below and the photos of the bay suspension.

Quote:
I am writing to appeal to the above PCN number.

The motorcycle parking bay in question is a very large area, approximately 50 foot in length, and there were no cones or other objects to demark the parking suspension. The only sign that stated the suspension of the bay was a small sign 15 feet up on a pole at one end of the bay. The sign on the bay was not at eye level (actually about 9 feet above my head). The ticket was not justified as the parking suspension was very poorly marked.

Please see the attached photographs which clearly show the extreme height and small size of the suspension sign and also that no other markings or cones were used on the very large bay area to denote the suspension.

I await your response,

Regards,


https://i39.photobucket.com/albums/e172/mrteee/Photo-0090.jpg

https://i39.photobucket.com/albums/e172/mrteee/Photo-0091.jpg

https://i39.photobucket.com/albums/e172/mrteee/Photo-0093.jpg?t=1260309469
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AngelGrinder
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PostPosted: 22:02 - 08 Dec 2009    Post subject: Reply with quote

It's in London, you won't get away with it, same for alot of the bigger cities. If it was a smaller town, then I'd say try it, but in London you havn't a hope in hell.

Also, if a parking bay, especially one as big as that is completely empty....I'd be looking hard to find out why....there is never any empty spaces in the centre of London.
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mrtEE
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PostPosted: 22:06 - 08 Dec 2009    Post subject: Reply with quote

AngelGrinder wrote:
It's in London, you won't get away with it, same for alot of the bigger cities. If it was a smaller town, then I'd say try it, but in London you havn't a hope in hell.

Also, if a parking bay, especially one as big as that is completely empty....I'd be looking hard to find out why....there is never any empty spaces in the centre of London.


Just to clarify, this was on a Saturday morning and the bay was not empty at the time. Also, even during peak weekdays there is space in this bay.
Why would I be likely to get away with it in a different city???
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headlamp
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PostPosted: 22:12 - 08 Dec 2009    Post subject: Reply with quote

If you can prove that the sign was put up after you had arrived then I'm afraid you haven't got a chance. The fact that the bay looks pretty empty suggests that other bikers saw the sign and chose not to park.
I think you should pay. Crying or Very sad
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mrtEE
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PostPosted: 22:24 - 08 Dec 2009    Post subject: Reply with quote

headlamp wrote:
If you can prove that the sign was put up after you had arrived then I'm afraid you haven't got a chance. The fact that the bay looks pretty empty suggests that other bikers saw the sign and chose not to park.
I think you should pay. Crying or Very sad


The sign wasn't put up or taken down as such,

if you look at the sign close up photo you can see it is on a hinge.

I now realise that when they suspend the bay they just flip the hinged part down and the sign changes from one sign to another.
There is no cordons or tape around the bay, just one vast bay with a tiny sign that is permanently erected but the top section modified by the hinge. A tiny sign on a vast bay.

The reason I feel like contesting it in court is it almost looks like a trap rather than a genuine suspension!
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sickpup
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PostPosted: 23:18 - 08 Dec 2009    Post subject: Reply with quote

That bay is generally full on week days.

Check the Traffic sign regs, it probably doesn't comply.

Why would it go to court?
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yen_powell
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PostPosted: 23:21 - 08 Dec 2009    Post subject: Reply with quote

The word motorcycle is split into two on the bay marking (motor cycle) and the bay also has a bay number marked (looks like MH1). neither of these are permitted variants for that particular bay marking (Diagram 1028.4).

The white plated 'P''marking is also incorrect with the additional text. There is no motorcycle plate with the blue P symbol (Diagram 804.4)

Unless both of these items are authorised by the Secretary of State, which the highway authority should have in writing along with drawings showing the markings or signs allowed, then the whole parking bay is non compliant.

If it's non compliant how can it be suspended. There's a good chance the suspension sign is non compliant too, but I don't know too much about them so I recommend a post on the Pepipoo website for advice.

If it was me I'd tick the offence didn't occur box and go to appeal, then when the highway authority reject it (they usually do) go on to the independent appeals panel.
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Paivi
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PostPosted: 00:15 - 09 Dec 2009    Post subject: Reply with quote

It won't cost you anything to take it to the adjudicator. Even if they reject your appeal, you'll still only pay the reduced charge.
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multijoy
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PostPosted: 21:37 - 09 Dec 2009    Post subject: Reply with quote

yen_powell wrote:

If it was me I'd tick the offence didn't occur box and go to appeal, then when the highway authority reject it (they usually do) go on to the independent appeals panel.


This!

It'll cost you the price of a couple of stamps- dollars to doughnuts that they don't even bother contesting it once you've put it to the adjudicator.

AngelGrinder wrote:
It's in London, you won't get away with it, same for alot of the bigger cities. If it was a smaller town, then I'd say try it, but in London you havn't a hope in hell.


Outside of Nodnol, you'll find yourself in the hands of the local magistracy which might be a bit hit and miss, depending on where you go. At least the panel in London deals with nowt but parking (or so I understand), so the borough's have a harder time blagging it then they might do with a JP.
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Last edited by multijoy on 21:41 - 09 Dec 2009; edited 1 time in total
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mrtEE
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PostPosted: 21:39 - 09 Dec 2009    Post subject: Reply with quote

Paivi wrote:
It won't cost you anything to take it to the adjudicator. Even if they reject your appeal, you'll still only pay the reduced charge.


Thats interesting as they have told me unless paid in so many days I have to pay the full £120?
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multijoy
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PostPosted: 21:42 - 09 Dec 2009    Post subject: Reply with quote

Only if you don't appeal it. The clock gets reset if you appeal, so you'd have x days to pay the reduced amount once it was all over.
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Poseidon
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PostPosted: 22:16 - 09 Dec 2009    Post subject: Reply with quote

I've appealed every fine I've ever had (both speeding and parking) and always got away with it. You've got nothing to lose, like some have already said, if you lose, you'll only face the same fine as if you paid up straightaway.

With parking fines I've always gone with the offense didn't happen approach. There's nearly always a get out on these things. Like someone else said non-compliant/poor signage works, along with broken lines, lines not T'd off etc. Never even had to go to court for a parking offense!
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yuri2085
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PostPosted: 22:37 - 09 Dec 2009    Post subject: Reply with quote

How does offense didn't happen work? I mean they take pictures? Or do you say what you did wasn't an offense?
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yen_powell
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PostPosted: 09:40 - 10 Dec 2009    Post subject: Reply with quote

yuri2085 wrote:
How does offense didn't happen work? I mean they take pictures? Or do you say what you did wasn't an offense?
The highway authority has to mark and sign the parking bays/restrictions strictly according to The Traffic Signs Regulations and General Directions 2002.

This book tells you exactly how big, what colour (even allows for paint spreading) etc the signs/markings are and what changes you can legally make to them. It also frequently has the words 'Permitted variants-NONE' next to some stuff. If it aint in the book and it's not specially authorised by the Secretary of State it is just painted grafitti or scrap metal.

If they want you to obey the traffic laws then they have to get it right themselves. That's what the book is for. It also makes a handy paperweight as it's quite large and heavy.
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mrtEE
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PostPosted: 10:24 - 10 Dec 2009    Post subject: Reply with quote

where do I get a look at this book? Very Happy
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yen_powell
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PostPosted: 10:47 - 10 Dec 2009    Post subject: Reply with quote

mrtEE wrote:
where do I get a look at this book? Very Happy
I think the government have it online on their directgov website. Better than buying it for £40 but harder to thumb through.

Did a search and here's some of it. You don't get the front cover or the contents at the front. Ideally should be read with The Traffic Signs Manual, Chapter 3 & 5 (seperate books) which is like an idiots guide to how things can be set out and has recomendations (when the word 'may' is used) and actual legal requirements (when the word 'must' is used).

https://www.opsi.gov.uk/si/si2002/20023113.htm
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