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Parking Fine confusion and Hello from a newbie!

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Ivan The Terrible
L Plate Warrior



Joined: 03 Dec 2015
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PostPosted: 16:30 - 03 Dec 2015    Post subject: Parking Fine confusion and Hello from a newbie! Reply with quote

Hello, I've been browsing and using the resources on these forums for a while and thought I'd finally register as the support here is invaluable.

I wanted to ask for some help concerning an issue with a parking fine.

Earlier I parked on a single yellow to pop into Costa Coffee, I returned minutes later to find a fine attached to my bike.

Here is an image of my parking, I'm not sure if I did anything wrong as this is how I was instructed to park my bike.
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Doovy
World Chat Champion



Joined: 21 Jul 2008
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PostPosted: 16:32 - 03 Dec 2015    Post subject: Reply with quote

What were the parking restrictions signs on the street saying?

Were other vehicles on the yellow line ticketed too?
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Ivan The Terrible
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Joined: 03 Dec 2015
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PostPosted: 17:01 - 03 Dec 2015    Post subject: Reply with quote

yep, you can see the other cars parked all around also. Its entirely single yellow road, its in Roman road if that helps down in Bow so always people parking and etc as its a shopping street.

The parking ticket says:

"reasonable cause to believe that... parked with one or more wheels on or over a footpath or any part of road other than a carriageway."

Wtf? The only part over a footpath is the trunk at the back and that doesnt obstruct footpath and given the narrow of the carriageway it was the safest thing to do so that the front wheel doesnt obstruct the road.

Well im a complete newbie and never had any issues with parking the bike before, so this comes as a surprise.
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Doovy
World Chat Champion



Joined: 21 Jul 2008
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PostPosted: 17:08 - 03 Dec 2015    Post subject: Reply with quote

Contest it. Ask for their photographic proof to back up the ticket. They will soon crumble if you put up a bit of a fight and prove that as incorrect. You were parked fine to me....
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 17:29 - 03 Dec 2015    Post subject: Reply with quote

Ivan The Terrible wrote:

The parking ticket says:

"reasonable cause to believe that... parked with one or more wheels on or over a footpath or any part of road other than a carriageway."


Contest it. If that's how you were parked, it's clearly not true.

Don't delete or modify/overwrite the original, EXIF stamped images from the storage device they were originally capured on. That's your concurrent record of your vehicles position at that time and date.
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I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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weasley
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Joined: 16 Oct 2010
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PostPosted: 17:40 - 03 Dec 2015    Post subject: Reply with quote

I suspect that it is the topbox hanging over the pavement that is the issue, but this is not actually covered by the identified offence.
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Tierbirdy
Crazy Courier



Joined: 25 Jun 2014
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PostPosted: 18:01 - 03 Dec 2015    Post subject: Reply with quote

Sounds like the local mini Hitlers were having a particularly bad day and grasping at straws to get anyone for anything, fancying their chances that you wouldnt bother contesting it.

Contest it, theres no way they can claim your vehicle was "obstructing the footpath" or that there was a wheel on it.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 18:06 - 03 Dec 2015    Post subject: Reply with quote

weasley wrote:
I suspect that it is the topbox hanging over the pavement that is the issue, but this is not actually covered by the identified offence.


Good job too. It says wheels and that's what it means. If it was any part of the vehicle, all the cars should be done for overhanging wing mirrors.

Incidentally, the yellow line is in such a shit-state that you'd almost certainly sucessfully be able to argue the road markings are inadequate. Although that is not the topic up for debate, they've accused you of parking witha wheel on the pavement and you clearly have not.

I'm going to assume you are in that London to have a specific offences of pavement parking so here's chapter and verse:

Greater London Council (General Powers) Act 1974

There are no definitions in that act making "wheel" mean anything other than what it seems to mean.

Some motorcycle couriers did push this to the absolute limit a while back and parked their motorcycles on the pavement on the mainstand with both wheels chocked up off the footway. They argued neither wheel was "resting on" the footway. The courts disagreed because they don't like a smart-arse.

So there is almost certainly a body of case-law somewhere if you care to look for it defining exactly what constitutes a motorcycle wheel "resting on" a footway. I suspect they defined the footway as extending vertically all the way from the kerb.

Again, don't get too involved in details like that at this stage. Appeal it through the appeals procedures. Say neither wheel was on the footway and prove me wrong.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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Ivan The Terrible
L Plate Warrior



Joined: 03 Dec 2015
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PostPosted: 18:25 - 03 Dec 2015    Post subject: Reply with quote

Thanks guys, I will file an appeal today and update later on, once I get a reply.
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 19:42 - 03 Dec 2015    Post subject: Reply with quote

Ivan The Terrible wrote:
Thanks guys, I will file an appeal today and update later on, once I get a reply.


Please do. It's always good to hear how these things pan-out. Could well help others in the same boat.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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arry
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Joined: 03 Jan 2009
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PostPosted: 22:30 - 03 Dec 2015    Post subject: Reply with quote

InN4 their photo proof being the bike has been moved
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Doovy
World Chat Champion



Joined: 21 Jul 2008
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PostPosted: 09:08 - 04 Dec 2015    Post subject: Reply with quote

arry wrote:
InN4 their photo proof being the bike has been moved


I've done this before, and actually won.
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hellkat
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Joined: 12 Jul 2004
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PostPosted: 12:37 - 04 Dec 2015    Post subject: Reply with quote

It would definitely be interesting to see the result of your appeal.
Bloody parking nazis.
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Marlin
Two Stroke Sniffer



Joined: 11 Jun 2012
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PostPosted: 20:14 - 04 Dec 2015    Post subject: Reply with quote

This clearly is not relevant (yet), but there's background here I hadn't realised. I've also no idea if/how its wording applies bike parking.

https://www.bbc.co.uk/news/magazine-34988833

Quote: "The argument could come to an end with the Pavement Parking (Protection of Vulnerable Pedestrians) Bill, which is on its second reading in Parliament. "

https://services.parliament.uk/bills/2015-16/pavementparkingprotectionofvulnerablepedestrians.html
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