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Parking - Single Yellows but on Pavement

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MarkJ
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PostPosted: 21:43 - 02 Sep 2009    Post subject: Parking - Single Yellows but on Pavement Reply with quote

Meh, got a parking ticket today, parked in a place which I thought was OK, does anyone know if I could successfully contest this? If I knew I would get a ticket I wouldn't have parked there!

Pasted from my post on Pepipoo:


I parked my motorcycle on an unused pavement this morning. This pavement had a single yellow line on it on the road, however my motorcycle was parked a good 4 meters away from the road. I had parked it here so I could chain it to the metal guards around a tree for security - the car park adjacent was free parking for motorcycles, however I did not want to use this as there was nowhere to chain my bike to. There are no signs anywhere saying what the hours of operation for the single yellows were. There was a sign saying when the nearby parking bays need to be payed for, but not for parking on the yellow line.

The part of pavement where I parked would not be used for access anywhere as it had a large gutter behind it, and I considered it a considerate place to park.

The reason for this notice is: "01 - Parked in a restricted street during prescribed hours"

I will try and get a scan of this if you wish.

Picture:
https://i47.photobucket.com/albums/f186/markjackson13/DSC00189B.jpg

To the left are cars parked in pay and display places, with a white sign above saying pay and display between 8am - 6.30pm. You can see my bike chained to the tree with the rear wheel ~4 meters away from the yellow line - same distance away as the Matiz in the parking bay next to me. You cannot walk where the green bushes are - there is a large gutter there and not enough room to walk.



I've just looked here: https://www.kingston.gov.uk/browse/transport_and_streets/parking/on_street_parking/yellow_lines.htm
Seems I may be onto a looser with the yellow line time plate, as apparently the pay and display times are the times when you can't park on single yellows.
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Alexio
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PostPosted: 21:51 - 02 Sep 2009    Post subject: Reply with quote

Well, if those are the times and you were outside of them, then I guess you're out of luck Sad

You could contest that the yellow lines even apply I guess? But I don't think they'd be any more kind to parking a motorcycle in a pedestrian area.
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Devils Advocate
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PostPosted: 22:00 - 02 Sep 2009    Post subject: Reply with quote

I got a ticket about 6 months ago in a similar situation.Rang up and contested it but they wouldn`t budge.Could`ve gone to court over it but couldn`t be arsed with the aggro so just paid it.
The lesson i learned from that is that traffic wardens don`t see motorbikes as "bicycles" (even though that`s what`s on our tax discs).
If you chain it to a tree,lampost or railings,you`ve a 50/50 chance of getting fined these days for obstructing a pedestrian walkway Rolling Eyes


Last edited by Devils Advocate on 22:03 - 02 Sep 2009; edited 1 time in total
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nick606
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PostPosted: 22:03 - 02 Sep 2009    Post subject: Reply with quote

see this is what pisses me off why can people use there heads ? who are you blocking or causing a problem to there no one Neutral its just stupid to give you a ticket. wankers.
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MattEMulsion
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PostPosted: 22:14 - 02 Sep 2009    Post subject: Reply with quote

I personally think it is a bit harsh to give you a ticket for that but the rules are the rules and I can see why they have. Technically I suppose you are on the pavement and what doesn't help your case at all is that you have stated that there was a free motorcycle parking area in the car park adjacent to where you were. I reckon you stand little chance of getting it overturned, I think it is a case of pay up and lesson learnt.
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Mister James
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PostPosted: 09:34 - 03 Sep 2009    Post subject: Reply with quote

It annoys me a little that people still think there is wriggle-room with parking now that it's been decriminalised and handed over to local councils.

Councils are simply out to screw every last penny out of 'offenders' - you know all those comments you've ever made about speed cameras and police being revenue machines? That's actually 110% true about council's parking departments.

You can bleat about your parking being reasonable or not inconvenient to others until you're blue in the face - local councils don't care, their poorly-paid (and in London, illegal immigrant) parking attendants will ticket you for the slightest breach of a parking regulation - because their job depends on getting their quotas and they don't give a toss about your problems!

Anyone who hasn't managed to latch onto this over the years probably deserves to get the ticket, IMHO!
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wizzzard
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PostPosted: 10:03 - 03 Sep 2009    Post subject: Reply with quote

Mister James wrote:
The truth


Couldn't agree more with you Mister James.

I know all the council run parking attendants in the city where I work and they are all really nice salt of the earth people, mostly old ex miners and the like.

Since being put under the councils control they are now pushed constantly to attain higher rates of fines with constant evaluations on how many they get. There are constant reviews of their performance and even though the council wont put it in writing ( still a union shop ) they are being asked to get more fines and be ruthless.

Because they have for years used their own discretion and turned a blind eye to the more trivial parking of parking infringements the council is one by one picking them off and introducing new staff that have the vicious streak to book anyone and everyone.

As far as parking goes these days I would not risk it anywhere other than a clearly designated bay.
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TomR6
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PostPosted: 10:20 - 03 Sep 2009    Post subject: Reply with quote

Do you know if you were inside a Controlled Parking Zone?

Check here

If not,and there was no signs for the Single Yellow Line, then it would be deemed unenforceable, as there needs to be a sign within 15 meters of restriction's start and end.
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multijoy
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PostPosted: 11:02 - 03 Sep 2009    Post subject: Reply with quote

Always, always contest a ticket. Marking's are rarely correct, signage is invariably wrong.

When they turn it down initially, appeal it to the tribunal and they'll drop it like a hot potato.

Especially Kingston, the wardens are cunts who don't know the law. Dollars to doughnuts, the yellow line will be worn or unterminated. They can't then go "oh no, we'll just do you for the pavement instead"

edit: also, point out the line is fucked on fixmystreet.com, and when the works department reply with 'yes, yes it is', wing that email over to the parking mob with a suitably sarcastic wossname.
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njd27
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PostPosted: 11:17 - 03 Sep 2009    Post subject: Reply with quote

wizzzard wrote:
Since being put under the councils control they are now pushed constantly to attain higher rates of fines with constant evaluations on how many they get. There are constant reviews of their performance and even though the council wont put it in writing ( still a union shop ) they are being asked to get more fines and be ruthless.

Because they have for years used their own discretion and turned a blind eye to the more trivial parking of parking infringements the council is one by one picking them off and introducing new staff that have the vicious streak to book anyone and everyone.

As far as parking goes these days I would not risk it anywhere other than a clearly designated bay.


Indeed. So vote with your wallet: don't spend your money there and tell the local businesses exactly why you're taking your custom elsewhere.
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ThoughtContro...
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PostPosted: 11:47 - 03 Sep 2009    Post subject: Reply with quote

Mister James wrote:

Councils are simply out to screw every last penny out of 'offenders' - you know all those comments you've ever made about speed cameras and police being revenue machines? That's actually 110% true about council's parking departments.

You can bleat about your parking being reasonable or not inconvenient to others until you're blue in the face - local councils don't care, their poorly-paid (and in London, illegal immigrant) parking attendants will ticket you for the slightest breach of a parking regulation - because their job depends on getting their quotas and they don't give a toss about your problems!



+1


Manchester City Council farmed out their traffic wardens to NCP. They get told they have to do so many in a week "before they have made a profit". The emphasis here is profit. The people of Manchester wont see any of that profit, if any of it gets to the council it'll be more than likely syphoned off by the usual corruption and waste, or some "diversity" project.

Parking fines are a scam, and a very well paying one at that.
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ClaireBear
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PostPosted: 11:49 - 03 Sep 2009    Post subject: Reply with quote

nick606 wrote:
see this is what pisses me off why can people use there heads ? who are you blocking or causing a problem to there no one Neutral its just stupid to give you a ticket. wankers.


I agree, its like in the car parks that are pay and display with no specific motorbike parking- Im not going to leave my ticket on a bike- some bugger would steal it!
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wizzzard
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PostPosted: 11:51 - 03 Sep 2009    Post subject: Reply with quote

njd27 wrote:


Indeed. So vote with your wallet: don't spend your money there and tell the local businesses exactly why you're taking your custom elsewhere.


I manage one of the local businesses in the town center and we all already know. To be frank that kind of logic is what's going to help kill off many city center shops.

The council has been lobbied many times to sort the parking out and their response was to knock down the multi storey car park in the town center without providing another.

The council is more than happy to have the city center dominated with pubs and clubs and for the shops to be driven out leaving the big retail parks on the edge of the city.
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strag
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PostPosted: 11:59 - 03 Sep 2009    Post subject: Reply with quote

It looks as if the T bar at the end of that line is broken. This may mean that the line is not effective and could give you a get out.

I am no expert on this but if I were you I would get googling and see if you can contest it.
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map
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PostPosted: 13:14 - 03 Sep 2009    Post subject: Reply with quote

strag wrote:
It looks as if the T bar at the end of that line is broken. This may mean that the line is not effective and could give you a get out.

I am no expert on this but if I were you I would get googling and see if you can contest it.

You can look it up...
https://www.opsi.gov.uk/si/si2002/023113ba.gif
Taken from The Traffic Signs Regulations and General Directions 2002
Image 126 of 337 - Diagrams 1017 to 1018.1

However, to quote from this thread
T.C wrote:
map wrote:
Another one I've come across for yellow lines is that they must be continuous. So if broken by wear and tear or had a tarmac patch over them then the whole line is invalid.


Not strictly true, it has to be proven that the line was not contiuous in the first place, and wear and tear does not count, however a tarmac patch has been argued to contravene these rules, but the jury is still out at the moment...


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Kwaks
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PostPosted: 14:33 - 03 Sep 2009    Post subject: Reply with quote

Regardless of whether the broken part of the T bar is down to wear and tear or not, the line is incorrect.

They have painted the line onto the pavement, which means it does not comply with the rules and is thus invalid.

Do not expect them to fold initially, however they most certainly will IMO
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MarkJ
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PostPosted: 15:06 - 03 Sep 2009    Post subject: Reply with quote

Thanks for all your help guys, I'm sure there aren't any CPZ signs anywhere, just the usual "Pay and display between 8am - 6.30pm" - I'll go have a look at the weekend for them and take some more pictures.

As another annoyance, I went to go park in the car park today as I didn't want another ticket and there were no spaces. So I asked a traffic warden that was walking by and he showed me the motorcycle parking area - a hatched area in yellow with no signage saying its a motorcycle bay. So I get a ticket for being 4 meters away from a single yellow line, yet none for being inside a yellow hatched area Neutral

So do we think it's worth fighting then on the basis of a broken T end of the yellow line?

Again, thanks for all your replies Thumbs Up
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Devils Advocate
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PostPosted: 16:12 - 03 Sep 2009    Post subject: Reply with quote

MarkJ wrote:


So do we think it's worth fighting then on the basis of a broken T end of the yellow line?



If you want to make a stand based on principles then contest it....but tbh you`ll probably spend more than the fine value in stamps,recorded letters,phone calls,wasted time,and petrol costs to tribunal meetings/magistrates courts trying to get it overturned so is it really worth it?
Just pay it,dont do it again,and get on with your life.


Last edited by Devils Advocate on 16:29 - 03 Sep 2009; edited 1 time in total
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garyd
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PostPosted: 16:27 - 03 Sep 2009    Post subject: Reply with quote

Down in Nottingham we have "kids" on mopeds employed by the council to radio to wardens where infringments are to get vehicles towed away.....there is a spate at the moment of these "kids" getting a good pasting,by people unknown,who let them know why .Recently been some tussles and rag dolling of a couple of wardens who have a particularly bad attitude,wonder why? Rolling Eyes
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Kwaks
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PostPosted: 16:52 - 03 Sep 2009    Post subject: Reply with quote

So do we think it's worth fighting then on the basis of a broken T end of the yellow line?

I would go more along the track of the line was not valid in the first place, the "T" must be at 90 degrees to the kerb(which it is) however should stop short of the kerb. So either the whole line is too close to the kerb or the T is too long.
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c-m
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PostPosted: 17:34 - 03 Sep 2009    Post subject: Reply with quote

Is the Penalty charge notice actually from the Council or is it a private firm?

If it is private, then do not pay it at all. There is a good guide over at MSE
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map
Mr Calendar



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PostPosted: 21:27 - 03 Sep 2009    Post subject: Reply with quote

One tip I have picked up on is not to say it's an appeal. This gives validity to the original request for cash.

This is certainly true for private companies on parking and worth remembering for councils (as they contract out the parking).

If it was me I'd just question the validity of the original ticket.
Even if you don't win an 'appeal' then at least you can just pay the original fee.

HTH Thumbs Up
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