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Parking Ticket for Pavement

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Mrjoolz
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PostPosted: 13:33 - 13 Feb 2012    Post subject: Parking Ticket for Pavement Reply with quote

Hi all,

I have had my bike now for 7 months, and park on pavement near a streetlamp (also on a corner) so the pavement is wide at this point. I am not blocking/stopping people being able to walk past in any way.

Anyway, I found a ticket stuck to my bike about a week ago, and questioned the ticket plod about why he issued it. He said that I was parked illegally, and therefore I had to appeal.

I did appeal, and the response I got back was :-

Thank you for your correspondence relating to your challenge against penalty charge notice MD31012733. In accordance with the regulations and taking into account any mitigating circumstances, your case has been assessed and I am satisfied that the above penalty charge notice was issued correctly. My reasons for rejecting your request to have the notice waived are set out below.

Road markings are an indication to the driver as to what restrictions apply at each location. Roadside time-plates should be consulted where applicable for detailed information on times that restrictions apply.

As the yellow lines do indicate restricted parking, by parking on them you are in contravention of the parking places order.

Please be advised, the yellow line restrictions placed on the highway are enforceable from the centre of the road to the nearest property boundary. I can confirm the highway is clearly defined by change in road surface in addition to the placement of street lighting columns etc.

------
However, I wasnt parked on the road on a single line, I was parked on the pavement. A friend told me, that if I had of had the bike on the centre stand that they could ticket me as only one wheel would be touching ground, and therefore classed as a "unicycle" and therefore would escape and tickets. (can someone tell me if this is true or not)

Just want to check I cannot get out of this before the deadline expires.

Many thanks in advance BCF'ers Thumbs Up

evidence attached :o(
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Mrjoolz
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PostPosted: 13:37 - 13 Feb 2012    Post subject: Reply with quote

just noticed in pics that my bike was actually on centrestand already
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G
The Voice of Reason



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PostPosted: 13:38 - 13 Feb 2012    Post subject: Re: Parking Ticket for Pavement Reply with quote

As suggested, the road's parking restrictions apply to the pavement too - otherwise on a wide pedestrian pavement cars could just park on there too!

If the 'unicycle' thing worked, I suspect you'd see cars with a couple of jacks underneath them left all day without paying.
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daemonoid
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PostPosted: 13:44 - 13 Feb 2012    Post subject: Reply with quote

Sounds like you're bang to rights Sad

I'd also say if I were a pedestrian I would find it a little bit of an annoyance - you are parked where people could want to walk. Not a massive annoyance, just a bit of one.
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The Shaggy D.A.
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PostPosted: 13:47 - 13 Feb 2012    Post subject: Reply with quote

I used to park my van off the road, until a neighbour dobbed me in for no tax. The copper who visited me said as far as the law is concerned, the "road" extended to the edge of private property.

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P.addy
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PostPosted: 13:49 - 13 Feb 2012    Post subject: Reply with quote

To be fair, I know the area you mean and I have seen cars park there. It is actually that wide, could park a car on it comfortably and have a Maidstone triple buggy special still get past with no issues.

I think its time to modify the garden Sad

That said...do you not have a cover that goes over it hiding your tax disk and reg plate?

daemonoid wrote:
I'd also say if I were a pedestrian I would find it a little bit of an annoyance - you are parked where people could want to walk. Not a massive annoyance, just a bit of one.


It doesn't affect pedestrians. Trust me, no pedestrian will be annoyed at that amount of space. It is a VERY big car parking size area. Could probably fit 2 bikes end on end before even touching the kerb, and he parks sideways against the wall. Loads of space.
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G
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PostPosted: 13:59 - 13 Feb 2012    Post subject: Re: Parking Ticket for Pavement Reply with quote

There was a case in Reading where I think it was Dentist parking his moped in a bollard off area on his own property which was adjacent to the pavement. Think the tickets stuck because they decided even though it was part of the practice, being accessible to the public made it part of the pavement or something Shocked.
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daemonoid
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PostPosted: 14:03 - 13 Feb 2012    Post subject: Re: Parking Ticket for Pavement Reply with quote

G wrote:
There was a case in Reading where I think it was Dentist parking his moped in a bollard off area on his own property which was adjacent to the pavement. Think the tickets stuck because they decided even though it was part of the practice, being accessible to the public made it part of the pavement or something Shocked.


I saw that one (doctor in central London to be entirely accurate Wink ), it even had those metal studs on the ground to separate his land and the pavement.

I read elsewhere that he was going to build a small fence so he could park inside that.

https://www.telegraph.co.uk/news/uknews/law-and-order/6691961/Doctor-loses-court-battle-over-fines-for-parking-on-his-own-land.html
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la_lucha
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PostPosted: 14:07 - 13 Feb 2012    Post subject: Reply with quote

If the yellow line is broken at any point i.e. worn away, then it's not enforcable I don't think.
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G
The Voice of Reason



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PostPosted: 14:12 - 13 Feb 2012    Post subject: Re: Parking Ticket for Pavement Reply with quote

daemonoid wrote:

I saw that one (doctor in central London to be entirely accurate Wink ), it even had those metal studs on the ground to separate his land and the pavement.

See, I did initially think Doctor, but I was pretty sure I'd read it in a Reading paper about Reading and was pretty sure there weren't any Doctor's surgeries that matched that, while I had in mind a Dentist's practice it probably was - did search getreading newspaper site, but couldn't find anything. Thus prefixing it with 'think' Smile - ta for the correction Thumbs Up.
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DrDonnyBrago
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PostPosted: 14:12 - 13 Feb 2012    Post subject: Re: Parking Ticket for Pavement Reply with quote

daemonoid wrote:




Now that, is a fucking joke.


Pic of the parking spot:

https://nutsville.com/wp-content/uploads/2009/12/cam4.jpg


Last edited by DrDonnyBrago on 14:14 - 13 Feb 2012; edited 1 time in total
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Ichy
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PostPosted: 14:12 - 13 Feb 2012    Post subject: Reply with quote

##Paddy## wrote:

That said...do you not have a cover that goes over it hiding your tax disk and reg plate?


Did I read somewhere that Traffic Wardens are now allowed to remove a bike cover to read the number plate?
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P.addy
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PostPosted: 14:14 - 13 Feb 2012    Post subject: Reply with quote

Marki wrote:
##Paddy## wrote:

That said...do you not have a cover that goes over it hiding your tax disk and reg plate?


Did I read somewhere that Traffic Wardens are now allowed to remove a bike cover to read the number plate?


Possible...but get a small size one, mount up high and chain cover to bike through wheel Laughing
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Raffles
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PostPosted: 14:16 - 13 Feb 2012    Post subject: Reply with quote

##Paddy## wrote:
. It is actually that wide, could park a car on it comfortably and have a Maidstone triple buggy special still get past with no issues.

Ah, but, would the pusher of said buggy be able to get to the waste bin to deposit her McDonald's wrappers?
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T.C
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PostPosted: 14:18 - 13 Feb 2012    Post subject: Reply with quote

la_lucha wrote:
If the yellow line is broken at any point i.e. worn away, then it's not enforcable I don't think.


If it is simply worn away, then it is still enforcable as it is still regarded as one continous line.

However, if the termination lines are missing, or the point and distance where the lines start differ to the distances provided in the traffic order, then the lines become illegal (along with other things that can make them illegal).

As mentioned, the highway is from boundary to boundary and so it does include the pavement, and in some areas they will actually book for obstruction as the very presence of a bike on the pavement is sufficient to satisfy the requirements for that offence, and this could result in the bike being removed to the pound.

As far as the Unicycle comment Rolling Eyes Who ever told you that I suspect is either just winding you up or has no understanding of the various regulations, in the same way as some people still claim that a motorcycle is classed as a bicycle on the tax disc.

The reality is that a motorcycle is still classed as a Motor Bicycle regardless of whether it is on its centre stand and has one wheel touching the ground or both wheels are on the ground, and therefore the regs are quite specific.

Unless you can show that the regulations do not comply with the lines and signs that are in place, then you are screwed. take it on the chin and put it down to experience.

Should have added that Traffic Wardens and suitably authorised persons (Council parking attendant) are allowed to lift a cover sufficiently to allow them to identify the registration mark.

This defence was tried a number of years ago and was very quickly thrown out and the regs now make allowances for this.
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parkmoy
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PostPosted: 14:27 - 13 Feb 2012    Post subject: Reply with quote

What you need to remember is that a blind pedestrian may use that pavement and bikes etc parked on it could be a hazard to them.
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Raffles
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PostPosted: 14:31 - 13 Feb 2012    Post subject: Reply with quote

parkmoy wrote:
What you need to remember is that a blind pedestrian may use that pavement and bikes etc parked on it could be a hazard to them.

You have just quoted, almost word for word, the bollocks that the council wallers always spout when dealing with this sort of thing Evil or Very Mad
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Mrjoolz
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PostPosted: 14:42 - 13 Feb 2012    Post subject: Reply with quote

Hmmm, Sad ok, looks like I gonna have to pay.

on another note, I'm thinking of doing a sit on sofa and watch TV for 5 hours straight. Anyone wanna sponsor me, say for £35.00 if paid within 14 days ? Laughing
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JustGraham
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PostPosted: 14:46 - 13 Feb 2012    Post subject: Reply with quote

Not sure if this is still up to date legally as some things may have changed , interesting read tho.

https://www.motorcycleparking.com/footway_pavement_parking.shtml
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P.addy
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PostPosted: 14:46 - 13 Feb 2012    Post subject: Reply with quote

parkmoy wrote:
What you need to remember is that a blind pedestrian may use that pavement and bikes etc parked on it could be a hazard to them.


Blind pedestrians.. although I must sympathise with them.. shouldn't be allowed out alone.

All it takes is some under talented scrote in his saxo to scream round a corner and up on a kerb. People with eyes will see this shed heading towards them, blind people hear a screech and thats it.

Either way, its not bad parking at all. Council can go fuck. Laughing
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Alpha-9
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PostPosted: 14:46 - 13 Feb 2012    Post subject: Reply with quote

I park in the bike racks in the place-I-work's parking lot, they have 2 hour minimum stay on the actual parking bays, am I at risk of a ticket do you think? Surprised
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daemonoid
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PostPosted: 14:48 - 13 Feb 2012    Post subject: Reply with quote

Mrjoolz wrote:
Hmmm, Sad ok, looks like I gonna have to pay.

on another note, I'm thinking of doing a sit on sofa and watch TV for 5 hours straight. Anyone wanna sponsor me, say for £35.00 if paid within 14 days ? Laughing


You should put the sofa on the street and watch from there - see if they can ticket that!

As an extra bonus there'll be space to park the bike in the living room Smile
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P.addy
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PostPosted: 14:50 - 13 Feb 2012    Post subject: Reply with quote

Alpha-9 wrote:
I park in the bike racks in the place-I-work's parking lot, they have 2 hour minimum stay on the actual parking bays, am I at risk of a ticket do you think? Surprised


Yes.

Quite likely.
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Raffles
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PostPosted: 14:52 - 13 Feb 2012    Post subject: Reply with quote

Alpha-9 wrote:
they have 2 hour minimum stay
Confused
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G
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PostPosted: 14:57 - 13 Feb 2012    Post subject: Reply with quote

A bit harder to enforce, but possible if it's to stop casual passers by use it and make sure it's people working in the company?
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