Is there anything I can do about my two parking tickets?

kittens&flowers · 21st November 2007, 12:28

Hi All,

I've been having a read on the other threads on here but I can't seem to find anything that is similar to my problem. I have 2 parking tickets, one from when I borrowed my mum's car and the other from when I was in my sister's car!!

I have contested both of these tickets but they have replied saying that they cannot cancel the parking tickets.

Both tickets were received in the same place, where I live there is a patch of spare land in a triangle shape which has single yellow lined roads with pavements down 2 of it's sides and a footpath down the other. Everybody parks on here adjacent to each other down the footpath edge.

The reason on both tickets is 'Parked in a restricted street during prescribed hours' at the time of issue I searched everywhere for some time plates indicating the 'prescribed hours' and couldn't see any, on the last occasion I asked the attendant who had issued the ticket and she pointed to a sign and said that it's Mon - Sat 08.00 - 18.00. When I looked at this sign it was a blue circle clearway sign with a white box under it with the word 'End' displayed. I am certain that there were no more signs. Since contesting a sign seems to have appeared detailing the restrictions about 6ft further round the pavement from where the other sign is, now I'm convinced it wasn't there before but I am now starting to doubt myself!!

Even so, my argument is - I wasn't even on the road!

Their response is:

"As you enter Manchester City Centre, you will pass a Controlled Zone sign. These signs explain that the rules for single yellow lines apply 8am-6pm Mon-Sat. The streets inside the zone do not have to have signs giving this information (except where other resrictions apply). The way we sign our zones complies with the law.

Where there is a yellow line, the parking rules apply to the pavement or off road area too. So, altough you were parked on the pavement or off the road, you committed the same contravention as a vehicle parked on the road. This also applies to private land where the land in question has been identified as indistinguishable from the highway and as such is subject to the parking restrictions on the highway.

This rule exists because vehicles parked on the pavement or off the road can get in the way of pedestrians, especially blind people or people with prams and can damage verges, kerb stones or underground pipes"

For one I was no where near the pavement so would not have been in anyones way, to get onto this land I went up a dropped kerb so causing no damage and if I was going to damage underground pipes by parking here surely I'd damage them also when the parking restrictions do not apply???

I'm very sorry this is a bit lengthy but I wanted to give all the details, I think the ticket is OK becasue it has "date if notice" in the top right corner and then times "From/To" and "on" with the date.

Does anyone have any suggestions??

Thanks
x

kittens&flowers · 21st November 2007, 17:56

I've just been doing a bit of research on this and does anybody think that if I appeal on the grounds that the have put on the ticket that Contravention (01) has occured which is an 'On Street' Offence but I wasn't actually on the street, I was off the road....... Would this make it invalid??

green_and_mean · 21st November 2007, 20:33

[quote=kittens&flowers;124 7974]I've just been doing a bit of research on this and does anybody think that if I appeal on the grounds that the have put on the ticket that Contravention (01) has occured which is an 'On Street' Offence but I wasn't actually on the street, I was off the road....... Would this make it invalid??[/quote]

No as it was on street as opposed to being in a car park which I assume it wasn't from your description.
In a controlled area the only place you can legally park is in a bay of some form ie permit or pay and display, a car park or on private land. The reply from the Council was correct and unless the area you parked in was private property the area is part of the restricted street.

kittens&flowers · 22nd November 2007, 10:11

Thanks for this

do you think there is anything I could do? I've missed the date to pay the £30 now for each of them so would cost me £120.00 in total, I realise that this is my fault but I really didn't realise that the same rules applied for off road areas. You'd think I'd learn after the first one but the second one I got on a Saturday and thought I'd be OK on weekends

B.A.Ts · 22nd November 2007, 12:13

have you the chance to appeal this with NPAS.. if so go down that route, you may find that this is worth doing... it will also give you a chance to save up the money if the appeal falls through, NPAS are very thorough and will pick up on any you may have missed or the council have failed to provide in way of details

kittens&flowers · 27th November 2007, 16:33

What's NPAS??

Thanks

green_and_mean · 27th November 2007, 16:38

Quote:

Originally Posted by kittens&flowers

What's NPAS??

Thanks

The independant adudicator, details of how to appeal should be on the PCN or NTO.

seanamarts · 27th November 2007, 18:05

Quote:

Originally Posted by kittens&flowers

What's NPAS??

Thanks

National Parking Adjudication Service

https://www.parking-appeals.gov.uk/olappeals/

this should help

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