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The Consumer Action Group
> Parking / Traffic Offences

Parking / Traffic Offences A forum to discuss the legalities or unlawfulness of parking/speeding tickets or congestions charges etc.


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Old 13th October 2007, 22:29   #1 (permalink)
Jamboray
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Default Just been issued with a ticket

Whats the law regarding the location of my vehicle? On my ticket it says "Bus stop clearway, 10 yds from number 84. It should be number 384, the number 3 is missing from the door number. Is it a technicality I could appeal against?
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Old 13th October 2007, 23:16   #2 (permalink)
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Default Re: Just been issued with a ticket

Hiya is the ticket hand written or printed??

I once got a ticket that had a diget missing from my number plate and the court said that it wasn't correct and couldn't be enforced
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Old 14th October 2007, 11:03   #3 (permalink)
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Default Re: Just been issued with a ticket

Quote:
Originally Posted by Belville View Post
Hiya is the ticket hand written or printed??

I once got a ticket that had a diget missing from my number plate and the court said that it wasn't correct and couldn't be enforced
Both cases are completely different having the wrong VRM would mean the wrong vehicle was issued with the PCN, getting the location wrong is another matter. You can contest it on the grounds that no. 84 has no bus stop out front and see how what happens.
A pcn must state ...

the grounds on which the parking attendant believes that a penalty charge is payable with respect to the vehicle

This does not specify a need for the exact location but just issuing a PCN for example for parking on a bus stop in Swindon would be deemed as too vague where as High st Swindon would be enough to stand as valid. The extra info is added to add substance to the Councils case but at the same time in some instances could be used against them. You could for example argue that you was parked 10yds in the other direction from 84 away from the bus stop but I expect it would be down to the adjudicators opinion if the PCN was valid. The use of photos if used would add weight to the PCN but once again unless the Council are feeling generous I would see it as going to adjudication. By law you can appeal against ANY pcn but winning appeal is another matter and the time and cost of appealing if it goes to adjudication needs to be considered if you were actually parked on the Bus Stop as it could end up costing you more in terms of time and effort.
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Old 14th October 2007, 13:04   #4 (permalink)
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Default Re: Just been issued with a ticket

green-and-mean makes valid points.

However, there are two questions to be asked

1) WTF is a bus stop clearway? Parking on a clearway and parking on a bus stop are separate offences.
2) What ever it is, does one exist 10 yds from number 84 (regardless of the fact that one may exist 200 house further along the street)
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Old 14th October 2007, 21:17   #5 (permalink)
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Default Re: Just been issued with a ticket

Quote:
Originally Posted by patdavies View Post
green-and-mean makes valid points.

However, there are two questions to be asked

1) WTF is a bus stop clearway? Parking on a clearway and parking on a bus stop are separate offences.
2) What ever it is, does one exist 10 yds from number 84 (regardless of the fact that one may exist 200 house further along the street)
Its a Bus Stop with a thick yellow line running along the kerb and red road surface in a yellow cage (box) with a stopping restriction its meant to differentiate it from an 'old fashioned' bus stop which is not always restricted in terms of parking as far as I'm aware.
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Old 15th October 2007, 10:36   #6 (permalink)
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Default Re: Just been issued with a ticket

Quote:
Originally Posted by green_and_mean View Post
Its a Bus Stop with a thick yellow line running along the kerb and red road surface in a yellow cage (box) with a stopping restriction its meant to differentiate it from an 'old fashioned' bus stop which is not always restricted in terms of parking as far as I'm aware.
All bus stops are required to have the thick yellow line and 'cage' to be enforceable. All such bus stops are restricted in terms of parking AFAIK.

That's why I was confused
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Old 15th October 2007, 12:04   #7 (permalink)
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Default Re: Just been issued with a ticket

Quote:
Originally Posted by patdavies View Post
All bus stops are required to have the thick yellow line and 'cage' to be enforceable. All such bus stops are restricted in terms of parking AFAIK.

That's why I was confused
The implementation of Bus Stop clearways made parking/stopping on a Bus Stop an offence in itself (with the correct markings) before that they would be enforced with yellow lines or by the Police for obstruction or not obeying a sign if it said buses only or similar. Clearways can be implemented without a TMO making the change over easier for councils to put in place. A 'Bus Stop' can be just that a place where buses stop and especially in rural areas will remain unrestricted.
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Old 15th October 2007, 18:38   #8 (permalink)
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Default Re: Just been issued with a ticket

This type of bus stop marking - wherever in the country it may exist, can no longer be enforced as a bus stop.

There is only now one bus stop marking - that with the thick yellow line (red on a red route apparently). Nothing else is a bus top
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Old 15th October 2007, 20:40   #9 (permalink)
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Default Re: Just been issued with a ticket

Quote:
Originally Posted by patdavies View Post
This type of bus stop marking - wherever in the country it may exist, can no longer be enforced as a bus stop.

There is only now one bus stop marking - that with the thick yellow line (red on a red route apparently). Nothing else is a bus top
Thats what I said? However you can still have Bus stops that are unrestricted it is not a legal requirement to restrict them. A 1028.3 can also be used for buses its just the stops with yellow cages that have been changed to clearways.
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Old 15th October 2007, 21:05   #10 (permalink)
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Default Re: Just been issued with a ticket

ive received a ticket saturday but they didnt put my car reg or what i had done wrong is that right
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Old 15th October 2007, 23:44   #11 (permalink)
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Default Re: Just been issued with a ticket

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ive received a ticket saturday but they didnt put my car reg or what i had done wrong is that right
Convention has it that you start your own thread. Do not be surprised if a mod moves your post.

If they don't have your reg no, how will they find you?
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Old 18th October 2007, 17:40   #12 (permalink)
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Default Re: Just been issued with a ticket

Quote:
Originally Posted by closetscot View Post
ive received a ticket saturday but they didnt put my car reg or what i had done wrong is that right
thats what i thought but would they have a copy they keep and put the reg on there
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Old 22nd November 2007, 00:34   #13 (permalink)
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Default Re: Just been issued with a ticket

I won .........down to the addy error!!!
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