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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 11th March 2008, 23:11   #1 (permalink)
c6dle
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Default Traffic Parking Offence ..... apparently

Today I parked outside my girlfriends university onthe main stretch of road. Parking was very tight due to the area being very busy. I managed to park right on the end of the marking for the area that cars can park in. Both my front and back wheels where parked within this area but behind where i parked was a set of zig zag white lines. The back of my car is a bit big and obviously overhung onto these white lines but both my wheels were inside the box. Had i been in a small economy car i would have fitted perfectly.

To my horror I got a parking ticket for

99 Stopped on a pedestrian crossing and/or crossing area marked by zig zags.

Can they do this or have I been conned???
Will they listen to me or believe the charge I have been handed???

Many Thanks
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Old 11th March 2008, 23:44   #2 (permalink)
Bernie_the_Bolt
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Default Re: Traffic Parking Offence ..... apparently

Who are "they"
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Old 11th March 2008, 23:46   #3 (permalink)
c6dle
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Default Re: Traffic Parking Offence ..... apparently

sorry, wasnt very clear. the ticket was issued by NCP in the London Borough of Richmond upon Thames

I just feel absolutely conned by an obviously very crooked parking attendant
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Old 11th March 2008, 23:54   #4 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

I didn't realise it was de-crim, I thought that was a 3-pointer.
I don't know why you think the PA was crooked.

Your first step needs to be to scan, wash and post both sides of the PCN.
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Old 12th March 2008, 00:09   #5 (permalink)
c6dle
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Default Re: Traffic Parking Offence ..... apparently

doing that now, will take 5 mins ..... thanks for you help
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Old 12th March 2008, 00:21   #6 (permalink)
c6dle
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Default Re: Traffic Parking Offence ..... apparently

you can view the pictures at Login | Facebook

dont have a host on the internet i'm afraid
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Old 12th March 2008, 00:25   #7 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

No good, just goes to log-in page

Scan it into your computer and open it in Paint or similar program. Edit out the personal information and save it

Open an a/c on Photobucket, (here: Image hosting, free photo sharing & video sharing at Photobucket ), download them there from your computer and then post the link from Photobucket in your thread here.

See how to in post #15 here:
"How do I...?" A Dummies' Guide to this Forum
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Old 12th March 2008, 00:27   #8 (permalink)
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Default Re: Traffic Parking Offence ..... apparently


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Old 12th March 2008, 00:28   #9 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

hope this helps now mate, found imageshack on google
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Old 12th March 2008, 06:38   #10 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

18.—(1) The driver of a vehicle shall not cause the vehicle or any part thereof to stop within the limits of a "Pelican" crossing unless either he is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop in order to avoid an accident.
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Old 12th March 2008, 10:30   #11 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

Quote:
Originally Posted by green_and_mean View Post
18.—(1) The driver of a vehicle shall not cause the vehicle or any part thereof to stop within the limits of a "Pelican" crossing unless either he is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop in order to avoid an accident.
Assuming OP stopped where he did because there was another car in front, could he not argue that he did so in order to avoid an accident by bumping the car in front. Perhaps not the spirit but within the letter perhaps?

Probably will come down to the photos the PA took.

BTW, do we know that this was a pelican crossing, are the regs the same for a zebra, toucan or puffin if it was one of those?

Can't seem much wrong with the PCN
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Old 12th March 2008, 10:43   #12 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

surely a car infront of me would be a reason that circumstances prevented me from parking correctly due to neglagence of the driver who parked infront. the crossing is a pelican crossing and therefore are controlled by pedestrians. i could fully understand had it been a zebra as my car possibly could prevent a pedestrian being seen when crossing but this isnt the case. if i were to personally attend to pay would i be able to convince a reduced rate from the £50 they want me to pay with 14 days????
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Old 12th March 2008, 11:26   #13 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

What makes you say the driver in front parked negligently?

From what you say you have a £100 penalty reduced to £50 for payment within 14 days. I would say you have zero chance of negotiating a payment below £50. You only get a personal hearing if you go to the adjudicators and if you lose it will be the unreduced £100 plus costs if the adjudicator thinks you are acting frivolously, vexatiously or wholy unreasonably.

At this juncture I would say that a defence solely along the lines of my previous post has a realistic chance of being deemed frivolous.

From the info we have so far I think you will only have a chance if you make now informal representations (this will then give you the probability of getting extended time to pay at the reduced rate and create the possibility of an LA cock-up) and then wait for the NTO to see if that is defective and lodge a formal appeal then (you will then lose the opportunity to pay the reduced rate but again generate a chance for the LA to foul up - there may also be defects on the NTO that make it unlawful).

However, as I said in my first post I thought this was a 3 pointer. In your shoes I would probably think myself lucky to have got a £50 PCN instead.
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Old 12th March 2008, 19:12   #14 (permalink)
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Default Re: Traffic Parking Offence ..... apparently

Quote:
Originally Posted by c6dle View Post
surely a car infront of me would be a reason that circumstances prevented me from parking correctly due to neglagence of the driver who parked infront.
Two wrongs don't make a right, even if the driver had parked over two bays it does not give you the right to break the law since you were aware of how much space you had to park in and if you didn't fit you should have moved elsewhere.
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