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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 19th April 2008, 13:44   #1 (permalink)
redtomato
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Default redtomato.

hi can anyone help me .
i got a pcn for
1 or more wheels on or over a footpath or any part of road
other than a carriaggeway.
where i was parked was outside a wharehouse there is no pavement
the yellow line is approx 6ft away from the building there is a kerb
running along the building but no pathway it is all road
on the other side of road there is a pavment with the usual yellow line. also the ticket only has a time at/from but no time to
i hope this is clear
thank for any help

Last edited by redtomato; 19th April 2008 at 15:02.
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Old 19th April 2008, 14:23   #2 (permalink)
tomterm8
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Default Re: redtomato.

Have you gone to your local highway authority, and found out if the area you were parked on was actually part of the road? I would take a picture, and say that you were confused as it didn't appear to actually form part of a pavement, and appeared to you to be part of the road.

it might also help you if you find out whether the signle yellow line is actually placed as a result of a TRO or not, since if it isn't that couldn't be used as a method of demarkation between road an pavement.

Also, post up the PCN, it may not be enforceable
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Old 19th April 2008, 15:25   #3 (permalink)
redtomato
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Default Re: redtomato.

sorry for being dumb but what is a tro
ta
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Old 19th April 2008, 15:41   #4 (permalink)
pin1onu
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Default Re: redtomato.

Quote:
Originally Posted by redtomato View Post
sorry for being dumb but what is a tro
ta
tro = Traffic Regulation Order.

To enforce restrictions such s DYL, SYL, parking bays etc on roads the councils are required to have TRO's. These have to list all the relevant information - location, times of restrictions and so on.

If they fail to have this information, if it is incorrect or if the TRO is non-existent it would render any enforcement action invalid.

The councils are legally obliged to have all copies of the TRO's available to the public.
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Old 19th April 2008, 16:11   #5 (permalink)
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Default Re: redtomato.

pin1onu
thanks where can i go to find out
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Old 19th April 2008, 20:16   #6 (permalink)
pin1onu
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Quote:
Originally Posted by redtomato View Post
pin1onu
thanks where can i go to find out
They may have something online or an e-mail address. Try the council offices as well.
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Old 19th April 2008, 20:29   #7 (permalink)
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Default Re: redtomato.

If you phone up your council, they will be able to send you a copy / let you inspect it yourself.
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Old 20th April 2008, 09:51   #8 (permalink)
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Default Re: redtomato.

A photo or location would help.
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Old 20th April 2008, 10:53   #9 (permalink)
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Default Re: redtomato.

Quote:
Originally Posted by tomterm8 View Post
If you phone up your council, they will be able to send you a copy / let you inspect it yourself.
Note that this may not be the same as the enforcing council. You need to contact the Highways Authority for the road concerned (usually the county council)
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Old 21st April 2008, 17:08   #10 (permalink)
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Default Re: redtomato.

in my original post i forgot to say iwas parked inside the yellow line
ie the building wall my car then the yellow line
thanks for all your replies very helfull
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