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


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Old 30th November 2007, 16:11   #1 (permalink)
Bernie_the_Bolt
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Default Controlled Zone Issues

A Controlled Zone in Westminster is signed as being in operation Mon-Sat 8:30am - 6:30pm and the pay and display and meter bays have these operating times shown on the machines.

The residents' bays in the zone, however, are signed to say Mon-Sun 8:30am - 8:30pm.

Is my understanding correct that the residents' bays cannot exist without the controlled zone? How is it possible for the residents' bays to have more expansive time of operation than the zone itself?

Further, some of the main entrances to the zone have no signs giving warning of the zone itself or the times. What is the impact of this?

Finally can someone kindly point me to where the laws/regs for all this is written up?

Thanks
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Old 30th November 2007, 20:40   #2 (permalink)
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Default Re: Controlled Zone Issues

A bay can if signed accodingly be anytime the CPZ applies only to untimed bays and un plated SYL.
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Old 21st April 2008, 12:37   #3 (permalink)
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Default Re: Controlled Zone Issues

An update on this one.
A Freedom of Information Act request to Westminster for the TRO revealed that contrary to the signage the residents' bays are only in operation Monday to Saturday (ie not Sunday as signed).
Response to NTO completed and 56 days with no response now elapsed so looks like I'm in the clear! (RTA 1991 S71(6)).
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Old 21st April 2008, 12:46   #4 (permalink)
green_and_mean
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Default Re: Controlled Zone Issues

The stupidity of some Councils never ceases to amaze me!
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Old 21st April 2008, 13:17   #5 (permalink)
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Default Re: Controlled Zone Issues

But isn't it crooked that they are probably taking money from motorists who believe what the councils tell them!
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Old 21st April 2008, 15:07   #6 (permalink)
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Default Re: Controlled Zone Issues

Quote:
Originally Posted by Bernie_the_Bolt View Post
But isn't it crooked that they are probably taking money from motorists who believe what the councils tell them!
Not really the sign does say no parking on Sunday except residents, I very much doubt anyone would read the TMO before parking so they have ignored the sign at their own risk. If they pay they obviously realise the sign is intended to prohibit parking and admit their guilt. I can see your point but signs are put up for a reason, it would be foolish just to ignore ALL road signs and markings on the off chance the paperwork had not been completed properly. The Highway code for example says you must not park on yellow lines it doesn't say you can park on them until you have checked the TMO is correct. However if they are foolish enough not to complete the required paperwork anyone can as you have challenge the ticket.
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Old 21st April 2008, 15:59   #7 (permalink)
Rob S
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Default Re: Controlled Zone Issues

Quote:
Originally Posted by green_and_mean View Post
Not really the sign does say no parking on Sunday except residents, I very much doubt anyone would read the TMO before parking so they have ignored the sign at their own risk. If they pay they obviously realise the sign is intended to prohibit parking and admit their guilt.
You just don't get it G & M. The sign was incorrectly put up and the council are happily letting their wardens ticket cars and taking the money for it. That is taking the cash under false pretences in my book.

I find it amazing that a person who as a courier would routinely go to court when you were reported by police, regardless of whether or not you were in the right, is backing the local authorities on an issue that is nothing but dishonesty on their part.
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Old 21st April 2008, 16:12   #8 (permalink)
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Default Re: Controlled Zone Issues

I agree, Rob. If the Council are happy to continue to enforce parking restrictions that they themselves are aware don't exist, then I consider any money received by them is nothing short of theft.
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Old 21st April 2008, 16:47   #9 (permalink)
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Default Re: Controlled Zone Issues

Quote:
Originally Posted by green_and_mean View Post
Not really the sign does say no parking on Sunday except residents, I very much doubt anyone would read the TMO before parking so they have ignored the sign at their own risk. If they pay they obviously realise the sign is intended to prohibit parking and admit their guilt. I can see your point but signs are put up for a reason, it would be foolish just to ignore ALL road signs and markings on the off chance the paperwork had not been completed properly. The Highway code for example says you must not park on yellow lines it doesn't say you can park on them until you have checked the TMO is correct. However if they are foolish enough not to complete the required paperwork anyone can as you have challenge the ticket.
Contextually, the residents bays as signed operate for a longer period than the P&D bays, the meters and the yellow lines within the CPZ. Whatever the legal rights and wrongs, I feel that it is only morally right to expect that the only parking restrictions to apply in a CPZ outside the CPZ operational times are those that apply on a 24/7 basis.

Quote:
Dilapidated, missing or incorrect traffic signs can only be seen as an indication that the relevant authorities or agencies have little concern for road users.

Traffic Management And Parking Guidance For London
http://www.gos.gov.uk/497417/docs/204399/tmpg.pdf
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Old 22nd April 2008, 09:50   #10 (permalink)
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Default Re: Controlled Zone Issues

Quote:
Originally Posted by Bernie_the_Bolt View Post

Is my understanding correct that the residents' bays cannot exist without the controlled zone?
Not where I live. We have residents' bays and no CPZ anywhere in evidence.
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