Fighting a parking ticket.

joss1 · L Plate Warrior Joined: 10 Mar 2013 Karma :

I today Received a parking ticket for my motorcycle due to it supposedly being "parked in a restricted street during prescribed hours. However,
I believe this to be incorrect, as the bike was actually parked on the pavement in an unobstructive and out of the way position, the same position as the motorcycle in this picture .https://www.google.co.uk/maps/@52.056103,-2.713877,3a,75y,331.71h,72.93t/data=!3m4!1e1!3m2!1sWSG-ttrHP6Y5uTwOipla1A!2e0
THe ticket also states that my tax disk was obscured.
Are there any grounds with which I can challenge the ticket?

MarJay · But it's British! Joined: 15 Sep 2003 Karma :

I'd suggest asking on pepipoo...
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DrDonnyBrago · World Chat Champion Joined: 03 Jan 2010 Karma :

If it was parked on the pavement where the road parking was restricted, you are probably in for a hard time.

Road parking restrictions tend to encompass the entire highway, pavement included.

Your link is broken:

https://www.google.co.uk/maps/@52.056103,-2.713877,3a,75y,356.88h,74.42t/data=!3m4!1e1!3m2!1sWSG-ttrHP6Y5uTwOipla1A!2e0

Andy_Pagin · World Chat Champion Joined: 08 Nov 2010 Karma :

Take a look at this, especially the last bit https://www.publications.parliament.uk/pa/cm201314/cmselect/cmtran/writev/parking/m01.htm

It appears you only commit an offence if you drive onto the pavement, would wheeling a bike there count as driving it? I suppose there could be by-laws to catch you out as well. How about showing us a suitably air-brushed copy of the ticket?
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map · Mr Calendar Joined: 14 Jun 2004 Karma :

If as in that picture in my mind depends if on pavement or the church grounds.

If church it might be private land. Then again I recall something similar from ages back with a bike parked on private land but deemed where someone could walk (so public access - Rogerborg is likely to have the details).

Do a search (results like this thread) and also see if those double yellow lines are terminated.

HTH Thumbs Up

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iooi · Super Spammer Joined: 14 Jan 2007 Karma :

MC · Banned Joined: 01 Apr 2013 Karma :

Might be worth appealing regardless. Had a similar situation, thought I was in the right, the council didn't admit to this but cancelled it due to the traffic warden (or whatever they're called now) not submitting the correct evidence.
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yen_powell · World Chat Champion Joined: 22 Jun 2008 Karma :

Your ticket has nothing to do with being on the pavement, it's for parking where there are waiting and loading restrictions. This is what 'restricted street' means on your ticket.

These are shown by the yellow lines and kerb blips. They apply from the centreline of the carriageway to the building line at the back of the footway usually unless the traffic order says something different.

If you want to fight it, get the traffic order off the local authority and read it carefully, it may have been written incorrectly or the lines may not match what the order says, more common than you think. They have to let you see the traffic orders if you go and ask them, nothing to do with FOI act, it's always been the case.
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joss1 · L Plate Warrior Joined: 10 Mar 2013 Karma :

Thank you for the quick responses everyone. I must say, It's come as a shock to me that there are such restrictions against bikes parking on pavements, even if they are neither blocking public walkways or vehicular access. It's certainly a hard way to learn a lesson. The bike was against the flowerbed in the picture, though I fear that will not help my case much. Would the fact that they did not take the details on my tax disk lend any credence to my case?

Wonko The Sane · World Chat Champion Joined: 20 Jan 2013 Karma :

Where is your tax disk?

It should be displayed in the windscreen or on the left side of the vehicle, if it's anywhere else then technically it's not in the correct place.

Mine is on my fridge Thumbs Up

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Dibble · Scooby Slapper Joined: 17 Jul 2007 Karma :

You could ask to see "The Definitive Map" which(outside London) will show you exactly where the Highway is and what is private property.

If that land is owned by The Church of England is it even subject to Civil law?

Rogerborg · nimbA Joined: 26 Oct 2010 Karma :

Dibble · Scooby Slapper Joined: 17 Jul 2007 Karma :

M'Lud Rodgerbourg in this matter I have taken the opinion of Mr Google QC and he opines that the matters raised in Lee v Hawtrey (1898) Regarding secular law on consecrated ground have yet to be fully resolved.

If Mr Joss1 is a parishioner he does have a right to be in the church If was open for Devine Service Jarrett v Steele (1820) but as Jesus didn't ride a motorbike this isn't mentioned explicitly.