Parking Fines Outside My Own Home! Help!

[glider]

Hello everybody

I have not posted before and im here out of desperation,i hope some one can advise me as i am quite outraged!

I have lived in the same property for over 20 years and have parked my own car outside my own house on the grass verge outside my own home for at least 12 of those years without ANY problems

On the 1st of april(april fool?) i have received a PENALTY CHARGE NOTICE from sandwell council through a company calling itself APCOA(the notice was placed on my car wind screen)

I did not go out of my home on the 1st of april and to make things worse the traffic warden in question(civil enforcement officer) came back on the 2nd of april without any prior warning(S) and placed yet another PCN on my car windscreen! i was only alerted by these TWO warnings placed on my car wind screen by my neigbour

Now to get the alleged offence in question:

On both tickets reads:

"stopped on a pedestrian crossing and/or crossing area marked by zig-zags"

I am NOT parked on any "zig-zags"! i am parked on the pavement/verge a good clear three feet away from any zig zag lines (i do live very close to the pedestrain crossing)this is NOT my fault

Sandwell SMBC are now demanding that i pay them a total of £140! for parking outside my own home?! why are they doing this now?after 12 YEARS of parking here?(the pedestrian crossing has been outside my home for at least FIVE years) do i now have to pay £70 A DAY to park outside my own home? its a joke

Can some one please advise me where i stand legally as i intend to challenge these alledged affences,again i have lived here for 20 years and have never had such a problem before now

Please advise any body?

Thanks
Tony
ps: i do have photos of where my car is parked should any one like me to forward them

[green_and_mean]

Is the car parked 3 feet before the crossing or on the verge next to the crossing 3 feet from the road?

[glider]

Originally Posted by green_and_mean

Is the car parked 3 feet before the crossing or on the verge next to the crossing 3 feet from the road?

On the verge parralel to the road 3 feet from the road(and zig zags)i have tried to post a pic but dont know how to, can i email you a pic?thanks for the reply

[green_and_mean]

The 'controlled area' is as far as I can determine only on the road unlike yellow lines which cover the entire road/footway.

• "Pelican" controlled areas
  3.—(1) The provisions of Schedule 2 shall have effect as respects the size, colour and type of the traffic signs which shall be placed in the vicinity of a "Pelican" crossing for the purpose of constituting a "Pelican" controlled area in relation to that crossing and of indicating the presence and limits of that area.
  
  (2) A stop line shall indicate to vehicular traffic proceeding towards a "Pelican" crossing the position at which a driver of a vehicle shall stop it for the purpose of complying with regulations 16 and 17.
  
  (3) Where the appropriate authority is satisfied in relation to a particular area of carriageway in the vicinity of the "Pelican" crossing that, by reason of the layout or character of the roads in the vicinity of the crossing, the application of such a prohibition as is mentioned in any of regulations 12, 13, 14, 19 and 20 to that particular area or the constitution of that particular area as a "Pelican" controlled area by the placing of traffic signs in accordance with Schedule 2 would be impracticable, it shall not be necessary for that area to be constituted a "Pelican" controlled area but if, by virtue of this paragraph, it is proposed that no area, on either side of the limits of a "Pelican" crossing (not on a trunk road), is to be constituted a "Pelican" controlled area by 18th February 1989, a notice in writing shall be sent by the appropriate authority to the appropriate Secretary of State stating the reasons why it is proposed that no such area should be constituted.
  
  (4) Where immediately before the coming into operation of these Regulations, the approach for vehicular traffic to a "Pelican" crossing has been indicated by a pattern of studs placed and white lines marked on the carriageway in accordance with the provisions of paragraph 3 of Schedule 2 to the 1969 Regulations, then, notwithstanding the revocation effected by article 2 of Part I of this Instrument, that approach may until 18th February 1989 continue to be so indicated for so long as the said pattern of studs and white lines does not lie within a "Pelican" controlled area or in the vicinity of such an area on the same side of the crossing as that pattern.

• The Pelican Pedestrian Crossings Regulations and General Directions 1987

[glider]

Originally Posted by green_and_mean

The 'controlled area' is as far as I can determine only on the road unlike yellow lines which cover the entire road/footway.

• "Pelican" controlled areas
  3.—(1) The provisions of Schedule 2 shall have effect as respects the size, colour and type of the traffic signs which shall be placed in the vicinity of a "Pelican" crossing for the purpose of constituting a "Pelican" controlled area in relation to that crossing and of indicating the presence and limits of that area.
  
  (2) A stop line shall indicate to vehicular traffic proceeding towards a "Pelican" crossing the position at which a driver of a vehicle shall stop it for the purpose of complying with regulations 16 and 17.
  
  (3) Where the appropriate authority is satisfied in relation to a particular area of carriageway in the vicinity of the "Pelican" crossing that, by reason of the layout or character of the roads in the vicinity of the crossing, the application of such a prohibition as is mentioned in any of regulations 12, 13, 14, 19 and 20 to that particular area or the constitution of that particular area as a "Pelican" controlled area by the placing of traffic signs in accordance with Schedule 2 would be impracticable, it shall not be necessary for that area to be constituted a "Pelican" controlled area but if, by virtue of this paragraph, it is proposed that no area, on either side of the limits of a "Pelican" crossing (not on a trunk road), is to be constituted a "Pelican" controlled area by 18th February 1989, a notice in writing shall be sent by the appropriate authority to the appropriate Secretary of State stating the reasons why it is proposed that no such area should be constituted.
  
  (4) Where immediately before the coming into operation of these Regulations, the approach for vehicular traffic to a "Pelican" crossing has been indicated by a pattern of studs placed and white lines marked on the carriageway in accordance with the provisions of paragraph 3 of Schedule 2 to the 1969 Regulations, then, notwithstanding the revocation effected by article 2 of Part I of this Instrument, that approach may until 18th February 1989 continue to be so indicated for so long as the said pattern of studs and white lines does not lie within a "Pelican" controlled area or in the vicinity of such an area on the same side of the crossing as that pattern.

• The Pelican Pedestrian Crossings Regulations and General Directions 1987

Thankyou! you have truly made my day, i will challenge this and report back thanks again Tony

[green_and_mean]

Originally Posted by glider

Thankyou! you have truly made my day, i will challenge this and report back thanks again Tony

There are other regs. for other crossings let me know if its a zebra crossing or toucan and I'll get you the details.

[glider]

Originally Posted by green_and_mean

There are other regs. for other crossings let me know if its a zebra crossing or toucan and I'll get you the details.

Hi i just sent you a PM if i can send you the pics it will tell you everything,its not a zebra,its more like a toucan but im still not sure,actually its "traffic lights" not orange round lights, or zebra,thankyou again

[glider]

Originally Posted by green_and_mean

Is the car parked 3 feet before the crossing or on the verge next to the crossing 3 feet from the road?

[glider]

[glider]

[glider]

[green_and_mean]

Not the best place to park but not technically on the crossing in my opinion.

[glider]

[glider]

Originally Posted by green_and_mean

Not the best place to park but not technically on the crossing in my opinion.

Hi, i agree,but there is knowhere else to park and i was there first! They also never asked me if it was ok to put a poorly placed crossing directly outside my privatly owned house,and as stated this is a "99" they are suggesting i am parked ON the crossing itself,when its clear to see for all that i am not,i cant wait to see there "photographic evidance" thanks again for your help

[glider]

Originally Posted by green_and_mean

Not the best place to park but not technically on the crossing in my opinion.

ps: i also need to state that all my neighbours park in the same fashion: on the grass verge,further on down the rd,at least four other cars parked on the verge,due to there being no other place to park,sandwell council should really install parking bays

[Hungrydoug]

Originally Posted by glider

Hi, i agree,but there is knowhere else to park and i was there first! They also never asked me if it was ok to put a poorly placed crossing directly outside my privatly owned house,and as stated this is a "99" they are suggesting i am parked ON the crossing itself,when its clear to see for all that i am not,i cant wait to see there "photographic evidance" thanks again for your help

I'm not sure, but if the zig zags are the same a double yellows then the restriction applies to the highway or road boundary. So you're still parked on the zig zags. And out of interest, what makes you think the crossing is poorly sited? It seems to be at the end of a footpath and on the brow of a hill.

[glider]

Originally Posted by Hungrydoug

I'm not sure, but if the zig zags are the same a double yellows then the restriction applies to the highway or road boundary. So you're still parked on the zig zags. And out of interest, what makes you think the crossing is poorly sited? It seems to be at the end of a footpath and on the brow of a hill.

The 'controlled area' is according to:
The Pelican Pedestrian Crossings Regulations and General Directions is only on the road itself, unlike yellow lines which cover the entire road/footway as far as i have been told,can any one give a second opinion to confirm this? it seems no one is 100% sure.

The crossing in my opinion is poorly sited as the school entrance is further down the brow of the hill and it should be situated there,the crossing in its current position is not made use of to its full potentual and is seldem utilised