just been fined!!!

[dansrockin]

hi, i was using the gym earlier, council run leisure centre in banbury, and parked outside the front on the paved area as i have done since the centre opened at the start of the year. the area is right next to the cycle rack and other bikers park there also.
anyway, today i came out of the gym to find lovely yellow sitcker on my screen with a parking fine notice in it saying i was being charged £70 for not parking in a designated parking bay. there are no signs anywhere in the carpark saying that there are bike bays, or that bikes are not allowed to park on the paved area next to the cycle rack. i went inside to complain and the manager said it wasnt down to them as the car park is council run and managed. he did say that the council put an area aside last week as a bike bay, round the back of the building, but even one of there own staff had been fined for parking in the same place as me because they hadnt let them know about the new rules.
i went to look at the bay, and its a small area at the back of the building with two ground anchors, which is good, but there is no marking or sign anywhere to show that it is a motorcycle parking area.
i've got an appeal form to send in tomorrow, but does anyone think there is a reason my appeal will fail?
surely this is a stealthy way to con money out of bikers by making a bike bay, not marking it as such or putting signs up, not informing anyone, and then dishing out fines to people parking in the same way they have done for months!
cheers
dan

[Quickly]

If there's nothing to inform you that you have to park in a specific bike bay then, as far as I'm aware, they have no legal ground.
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[dansrockin]

the only thing they had was a blue road sign on the entrance to the car park saying to park vehicles in appropriate bays, enforcements apply.
i assumed this was directed at cars as there several marked areas for staff, deliveries, disabled and regular car parking, and i know people have parked in the wrong areas if the car park has been busy.
there is nothing to point out that there is actually a motorcycle parking bay or where it is, but all the other bays are clearly marked. even the cycle shelter has a sign saying cycle shelter!

[Azonicben]

Is it a proper parking ticket or a cowboy companies facsimile?

Scan it both sides, remove your personal detail and post it up.

Or try on pepipoo
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Cbt-23/09/07.....Theory-16/09/08.....Das passed 10/10/08.....
Current bike- GsxR750 K4. Broken: Cbr400rr (Nc29) Sold: Hyosung GT125R

[dansrockin]

its a proper ticket from cherwell district council. i took it into the local council office and she confirmed it was one of theres.
unfortunately im off work til next week and the only scanner ive got access to is there. i'll see if i can get a good pic on my phone of it and post it up.
dan

[Handsome]

I'd recommend nipping back down there and taking some pic's of the ' bike bay ' and the path/road leading down to it, and the sides of the building and any poles and or lighting as sods law says when they get all these complaint letters they'll go down at night and put signs up to get out of it...

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Previous Bikes...Honda NSR 125 RR...Kawasaki Zephyr 550...Suzuki SV 1000 S...Yamaha FZ8...Current Bike...Suzuki GSX-R 750...

[That_Hornet]

Is there any Google maps image of this place?

Just curious

[dansrockin]

i'll be back there tomorrow so i'll get a few pics then.

[multijoy]

Appeal it. You have nothing to lose but the price of a stamp, not even that if you can do it on line.

If it fails, they reset the clock and you get the discounted period again. You can gamble and take it to the tribunal, if it fails there you end up paying the full amount. The advantage of the tribunal (might even be a magistrate outside of london) is that the council will almost certainly have to send the parking attendant- this is often enough to make them drop it like a heavy, hot thing.

So yeah, appeal. You literally have nothing to lose.
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'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.

[dansrockin]

it says if i lose the appeal i have 7 days from the date of appeal rejection to pay the fine. im quite happy to let this go to court as long as i dont get landed with a load of costs on top of the £70 fine! chances are it will be in banbury court, cant see it going to london for a local council case?

[garyd]

Id be looking to bust a nose next time the clowns around
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CRF230 all you need

[multijoy]

They will only award costs if you are "frivolous, vexatious or wholly unreasonable" in bringing the appeal. Such instances are very rare.

Nah, it'll stay local, it's just London has a parking tribunal (which seems to be pretty fair, I manage to dodge an alleged bus lane issue- see my userpic ) rather than using the magistrates court. In fact, it goes to another tribunal outside london (so google sayeth).

Appeal it direct to the council first, then go from there. If it's never happened before, then it could just be someone got over-zealous.

Do take pics, if you're off the road then you may be on private property, check signage and so forth.
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'11 CBF1000A, '99 C90, '98 CB500
silky666: He rode amazingly well considering his bike is the weight of a small van and had slicks on.

[dansrockin]

right i went and took a few pics today and had a chat with the duty manager in the gym. he said that the council were being really funny about the parking and that he himself had been given three tickets in the last month, one for having his car wheel just on the white line of a bay!
he said that as far as he knew, the council attendant went in last week and just mentioned to a receptionist that there was now a bike parking area and walked out, didnt give anything in writing or even show her where it was!
i'll post up some of the pics i took here and see if anyone agrees with me that i should appeal!
https://i6.photobucket.com/albums/y234/dansrockin/DSC00620.jpghttps://i6.photobucket.com/albums/y234/dansrockin/DSC00621.jpghttps://i6.photobucket.com/albums/y234/dansrockin/DSC00622.jpg
these show the ticket machine signs that has no indication of bike parking, just that vehicles need to be parked in a marked bay.
https://i6.photobucket.com/albums/y234/dansrockin/DSC00624.jpg this one shows where i was parked. a few other bikes park here outside the front of the gym, not in the way of pedestrian access.
https://i6.photobucket.com/albums/y234/dansrockin/DSC00625.jpg from the same spot showing where the bike bay is.
https://i6.photobucket.com/albums/y234/dansrockin/DSC00626.jpg https://i6.photobucket.com/albums/y234/dansrockin/DSC00628.jpg these show the bike bay and the only sign in the car park that has changed in the last week. it clearly doesnt say anything about motorcycle parking, and it doesnt have a drop kerb to let you access the parking area. surely if the council want you to use it, the should make it accessable!
https://i6.photobucket.com/albums/y234/dansrockin/DSC00627.jpg this one shows the entry to the leisure centre car park from the main road. the bike bay is directly on the right of the picture, as you can see there are no signs to say thats where bikes need to go. its a sharp turn off the main road and to get to the bay would need you to almost come to a standstill to turn round and get the bike up the kerb, while posibly having people in cars behind you not realise whats happening and ram you up the arse!!
anyway, thats my long winded rant over, i will be appealling, and if anyone has any input that could be useful, please let me know!
cheers
dan

[Skudd]

I'm appealing a parking ticket at the moment. Got done 3 weeks ago, appealed straight away on line, had an email back saying they would look into it and I should get a letter soon. still not had anything yet one way or the other.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[That_Hornet]

I think you might have a chance.

No dropped curb. can't access that.

[dansrockin]

any idea how long an appeal should take? is there a set amount of time they have before its no longer relevant, like NIPs?
dan

[Pete.]

What is the wording on the top of the ticket? e.g. penalty charge notice or something like that?
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[dansrockin]

its an excess charge notice.
i just appealed online and it says they will be in touch within 10 days so i guess i just wait and see.
i really think its a seriously underhanded way of the council getting more cash. ive told them inthe appeal i think they are discriminating bikers by providing an inadequate bay, not telling anyone that it is there, and then fining people for not using it!!! w**kers! i hate the govt!
dan

[Pete.]

With that wording I wouldn't even have replied. Shame that you did, but check out the Pepipoo parking fine section I think you'd find it either unenforcable or at least very difficult to enforce.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[dansrockin]

i spoke to the lesiure centre general manager today who was quite helpful, he said that the ca rpark was theres and the council are paid to enforce it. the motorcycle bays have been in place since the april 1st, but they are still waiting for the signs to be made and installed. he said bikes are free to use any of the parking in the car park, not just the bike bays. he said that he thought that the access was adequate but after talking to me he will try and get a drop kerb put in place, and also signs right on the entrance warning drivers to slow down.
he also said when the appeal comes through, if its been turned down, forward it to him and he will get it cancelled.
result for me, but while i was stood talking to him there were two other bikes parked where i was and i know they will get a fine too. i told the manager he should put up some temporary signs today to stop others getting fined!
power to the people!

[m0l0t0v]

Good man
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'99 Hornet 600 , VFR 400 NC30 '92 , Kasawamasaki GT 550 , '98 Hornet 600
**\Tarmacsurfer/** said: It's that immaculately manly coiffure of yours isn't it. One glimpse of your virile locks and the punters can't wait to buy whatever it is you suggest, as it might let them be just a little bit like the Adonis that is our very own Molly Doovydoo said: Its not my fault I can't get it up properly, I just wasn't blessed

[multijoy]

[Skudd]

[Knacker]

If you hadnt caused such a fuss to start with i would hvae just laughed and binned it,People cant seriously expect you to pay it surely.
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Current: Gsxr 600 Srad - GS125 - DT125
Previous: K1 GSXR 1000

[bazza]

Small points, but

a. The sign only refers to drivers, not riders.

b. It also says that drivers should park in the designated bays - no mention of vehicles.

Worth being pedantic if it comes to an appeal against an appeal.
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"That's it. You people have stood in my way long enough. I'm going to clown college."
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