I've been a bad man - can I get out of it? (parking fine)

[Blue_SV650S]

"Penalty charge notice (PCN)

Parked or loading/unloading in a restricted street where waiting and loading/unloading restrictions are in force"

I was parked on the pavement next to double yellows and with the loading stripes on the kerb ...

Am I bang-to-rights? or should I appeal?




p.s. not that it matters, but I had literally been there 3 mins, he was still beside the bike when I walked back ... he must have spied me park up, processed the ticket, walked to the bike and put it on all in the time it took me to go to the ATM 12 foot away!!
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The purpose of life is to fight maturity.

[nowhere.elysium]

You'd have to be asking The Bald Eagle that one...
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'10 SV650SF, '83 GS650GT (it lives!), Questionable DIY dash project, 3D Printer project, Lasercutter project

[thx1138]

I'd have stuck it further down the road just beyond where that bloke jogging is, parked next to the bicycles facing same way.

[Blue_SV650S]

[pepperami]

if he wrote the ticket out, away from the bike and then walked up to the bike to put it on your bike, you might have a case for a complaint......possibly? maybe? as that is fine enforcement by stealth?? possibly? maybe?

ar`nt they supposed to enforce parking restrictions by other means first ie telling offenders that they are not permitted to park there, and a parking ticket (PCN) is the last resort or issued in the absence of the offending driver/rider?

are they not supposed to allow reasonable time for the driver to return to thier car/bike/van? before issuing the PCN/ticket.



maybe you should of set him on fire and stamped on his face.... oh sorry that`s what i wish you had of done
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I am the sum total of my own existence, what went before makes me who I am now!

[ian789]

Couldn't you say you were loading?

[Chris750]

has that double yellow been teed off at the end.
If not is is an illegal road marking.

[Blue_SV650S]

[strag]

No wriggle room, the lines effectively cover to the building lines as far as I know.
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carbon bling

[truslack]

Is a vehicle legally classed as parked if it still has the keys in?

If not, I'm pretty sure you left the keys in
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Current: Suzuki RG 125 Gamma, Honda H100, Triumph Tiger 800XC, Suzuki SV650 (minitwin)

[The Shaggy D.A.]

I parked my van off the road and (after a neighbour reported me for no tax) was informed by the copper who came to tell me to move it that the definition of the road extended to the wall.
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[Tig]

Was it posted by a company called something like Elite Management Ltd? - if so, or you think it's been left by another private company, read the attached link from a consumer forum, they reckon it's a bit of a scam and you can ignore any letters the company then send to you.

https://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/193759-elite-parking-control-ltd.html

There's stacks of info on the forum and I read that if it's a private company not employed by the local authority the tickets are unenforceable - only tickets given by local authority or their agents, or the police are enforceable. I got one recently in a shop car park and I checked online afterwards that it wasn't a council owned car park so I've just ignored it after getting advice on the forum. They've said I'll get nasty letters from them as they can apply for my info from the dvla, and that they'll even threaten court action but I should just ignore everything they send me and they should give up eventually. God I hope they're right!!!!

But read the forum and check thoroughly before you decide to take the same decision, don't take my word for it.

cheers
Tig
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[Ste]

People who park illegal like that are as dangerous and irresponsible as those who ride without a valid tax disc.

[Ste]

[Blue_SV650S]

[paddlesat16]

I think it depends on the timings on the road sign. parking up outside of those times gets you a ticket, regardless. Also parking on the public footpath is a no no as they can do you for obstruction of the public highway.
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I once saw a bloke shagging a donkey.... in Saudi arabia. Theory Test Passed 26/10/09 Mod 1 Passed 26/4/10, Mod 2 Passed 7/6/10 Current Bikes Suzuki GSX1400 K5, Aprillia Pegaso 650, Suzuki DR350T.

[The Shaggy D.A.]

The definition of "road" is up for debate :-

https://www.rjerrard.co.uk/law/cases/clarke1.htm

But I don't think you'd have much luck trying to argue that one.

[michael j]

The traffic wardens in Brighton have to be wearing their hats when issuing tickets, otherwise it's void. Was he carrying his hat?

[Noxious89123]

I thought parking on the pavement was illegal anyway, regardless of double yellows?

If you appeal, you could say that you hadn't parked, but had broken down and had to stop. You could also say that you hadn't left the bike (keys in ignition also), but merely had your back turned when a man not in uniform walked up and stuck a ticket on there?


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[yen_powell]

Your best chance is to post the ticket on the Pepipoo forum and look for a mistake in the wording of the penalty notice, good chance with that approach.

Also worth checking that the traffic order is correct and that the markings are laid in the correct places as stated in it. The highway authority have to show you the order if you ask, it's a public document, you don't even need to wave the freedom of info act at them.

You will get nowhere fromn looking at either the yellow lines, the no loading blips, or the timeplates, because the markings are correct and double yellows don't need a plate anymore as they are deemed to be 24 hours unless signed otherwise. They apply from the centreline of the road all the way to the backline of the highway (the shop fronts by the look of it).
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Blackmail is a nasty word........but not as nasty as phlegm!
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[silky666]

[michael j]

LOL Well said Silky!
Blue, you're a fucking crim, If you can't do the time etc.
Pay up ,you tight wad!

[Pete.]

[Blue_SV650S]

FFS guys ...

https://www.jesseshunting.com/photopost/data/500/not_this_shit_again.jpg


Riding on the road/parking on the road without tax is illegal, there is little grey area in that ... I am not (wasn't) sure if parking on the pavement with a bike was ... seen lots of bikes parked on pavements before (I do realise that just that I have seen lots of bikes parking like that, doesn't guarantee it is 'ok')

So, before bending over and taking it up the rear like I do with my tax disc(s), first off I wanted to check he had legal standing in issuing a ticket for what I did - I wasn't even sure what I did was wrong as I wasn't actually on the road ... but it seems it was so I'll cough up and know for the future.

When I go down the Civic offices I'll polity ask them why they don't provide secure parking for bikes (reason I parked there is so I could keep an eye) ...

£70 parking fine parking next to the ATM ... I didn't even get that much physically out of it!!
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The purpose of life is to fight maturity.

[st3v3]

You cannot be done for parking anywhere public if you have broken down, so unless he has a picture of your bike without a notifiying sign on then you may be able to pull that one, proven by the fact "your keys were still in" and you were gettig cash for remedial work.






Note for next time; a fine issuing officer has to actually place the ticket on your vehicle or person to 'summon' the charge, if you vacate the scene before they manage to stick it on you/bike than the fine does not apply.
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