Thread: Parking ticket..but a few laws seem to be ignored?

Hi

I recently received a parking ticket when parked outside GL1 leisure Centre in Gloucester. It is listed officially as Albert Street.

There are a few things that seem to contravene the law in my humble and naïve view and I would appreciate some guidance from those with more knowledge on this subject. I will list what I think is wrong and then hopefully someone can help?

1. The area is block paved and so there is no kerb as such to denote the side of the highway. How can the lines be the correct distance from the edge of the highway (kerb) if there isn't one?
2. The lines look "DIY" i.e. they are very thin and do not look like normal double yellow signs. I am returning tomorrow to measure them as I found the information for thickness etc via this forum
3. There is a T-bar where the double yellow lines on the main road end. i.e. The line is straight on the main road and then curves to follow the side road (Albert Street) for about 3 feet. The T-bar is clearly painted in thick yellow paint. The "DIY" lines then continue on (someone has clearly painted them in paler yellow paint) I have included the image named Lines1
4. The lines continue around the road but there is no kerrb. Just a line of silver bollards and they get a bit wavy and wayward and don't look as if they will meet the legal dimensions. (the adjoining paved area belongs to a Public House called The Famous Pint Pot and has table and chairs where smokers sit).
4.The lines then just end with NO T-bar. There is a then a line of private parking bays for businesses, some of the bays are for disabled drivers.
5. There was never a side on the one side of the road but one has now appeared but it also appears to be a DIY job and I cannot believe it meets the requisite dimensions etc/ Again I will measure it tomorrow and also photograph it. I have searched the sign data at opsi dot gov
I cannot actually find the correct sign for "AT ANYTIME" perhaps someone has a link to that sign with the correct size layout etc.
6. The pcn says "A penalty charge of £70 is now payable and must be paid not later than the last day of the period of 28 days......etc" It does not say offence anywhere, it just lists "Date of Contravention" it does not have "Date of Issue" but I guess it is legal by saying "Served On"??? I read on here that is must not say "penalty" as this is the same as "fine" which is not permitted.

I tried to post the pictures but it says I must make 5 posts first. I would attach them but that has also been disabled on this version of VBulletin.

Similar Threads:

• Got parking ticket for waiting for parking permit
• help needed with a parking ticket- have a parking permit
• Parking ticket for parking on speed bump.
• Got a parking Ticket, Ticket was displayed but had slipped down.
• Parking ticket in resident parking area.

I also think they may have put the incorrect address on the pcn. It says Albert Street, but on the map that is about 100 yards further on. I will check a more detailed OS map when I get the chance

Here are the images now

To the left is the corner of the main road and the continuation to the right shows the wishy washy lines that go onto the block paved area.




These look too thin and too far apart to me. I will check the measurements as soon as possible.


End of the lines where they adjoin a parking bay

parking ticket details would be more helpful as you have not made it clear who issued it or what its for?

Also - get hold of the TRO

Originally Posted by lamma

Also - get hold of the TRO

Please excuse my ignorance but who should I contact to obtain the TRO?

Originally Posted by green_and_mean

Parking ticket details would be more helpful as you have not made it clear who issued it or what its for?

I have attached an image of the pcn..hope this helps?

Originally Posted by changy

I also think they may have put the incorrect address on the pcn. It says Albert Street, but on the map that is about 100 yards further on. I will check a more detailed OS map when I get the chance

Nope, it appears that the street name is correct

Originally Posted by changy

Please excuse my ignorance but who should I contact to obtain the TRO?

The council. there are several posts here on TROs, the legislation that enables anyone to get a free copy (and that says that anyone who obstructs you is committing an offense). do NOT rely on the council to send you electronic copies that are complete. best to go fetch yourself.

The pcn looks compliant from what I can see and the lines are far better than a lot that get enforced. Your best bet would be to check that the area you parked in had a relevant Traffic Order for the yellow lines.

Originally Posted by green_and_mean

The pcn looks compliant from what I can see and the lines are far better than a lot that get enforced. Your best bet would be to check that the area you parked in had a relevant Traffic Order for the yellow lines.

So I can just question the council (phone at first) and ask for the TRO for Albert Street, Gloucester?

if you do that they may not send you the 'complete' TRO. By all means ring them but to make your appointment to pick up a validated copy of the TRO. If they hedge it may be a sign....

GLOUCESTER CITY COUNCIL

(Leisure Centre Area) (Traffic Regulation)
(Consolidation and amendment) Order

1980
Notice is hereby given that the Gloucester City Council (being
a District Council for the purposes of the Local Government
Act 1972), exercising the undermentioned powers of the
Gloucestershire County Council under arrangements made
pursuant to section 101 of the said Local Government Act
1972, made an Order under sections 1 (1), (2) and (3) and 84D (1)
of the Road Traffic Regulation Act 1967, as amended by
Part IX of the Transport Act 1968, Schedule 19 to the Local
Government Act 1972 and Schedule 6 to the Road Traffic
Act 1974.
The effect of the Order will be:

(a)

To prohibit the waiting of vehicles at all times in certain
lengths of the following roads: Albert Street, Prince Street
and the peripheral road at the Leisure Centre.

(b)

To prohibit the waiting of vehicles between 8 a.m. and
6.30 p.m. on Mondays to Saturdays in certain lengths of
the peripheral road at the Leisure Centre.

(c)

To limit the waiting of vehicles to two hours in any four
hours between 8 a.m. and 6.30 p.m. on Mondays to
Saturdays in certain lengths of the following roads:
Albert Street and Prince Street.
(rf)Tq retain the following road as a one-way street with
vehicles allowed to proceed only in the direction indicated.

Length of road
in the City of
Gloucester

(1)
The peripheral
at the Leisure
Centre

Direction

(2)

From a point 30 metres south-west of the
junction of the south-east and north-east
sections of the road shown in colum 1 in an
"anti-clockwise" direction towards Nettleton
Road to the junction of the north-west and
south-west sections of this road.
Exceptions are contained in the Order to enable a vehicle to
wait upon the direction or with the permission of a police
constable in uniform or traffic warden or for so long as may be
necessary for a person to board or alight from the vehicle or to
enable goods to be loaded onto or unloaded from the vehicle
or to enable the vehicles to be used in connection with any
wedding, funeral, building operation or demolition, the removal
of any obstruction to traffic and the maintenance of any of the
lengths of road or the services therein. An exception is also
A4
provided for the vehicle used in the service of a local authority
in pursuance of statutory powers or duties. A further exception
is provided to

(a), (b) and (c) in the case of a disabled person's
vehicle.
A copy of the Order, together with a map showing the
effect of the Order, may be seen at the Office of the City
Engineer, Cedar House, 8 Spa Road, Gloucester or the Guildhall,
Eastgate Street, Gloucester, from Mondays to Fridays
during normal office hours.
The Order comes into operation on 18th February 1980.
Anyone wishing to question the validity of the Order or any
provision contained in it on the grounds that it is not within
the powers conferred by the Road Traffic Regulation Act
1967, as amended by Part IX of the Transport Act 1968,
Schedule 19 to the Local Government Act 1937 and Schedule 6
to the Road Traffic Act 1974, or on the grounds that any
requirement of the Act or any instrument made under it has
not been complied with in relation to the Order, may within
6 weeks from 18th February 1980 apply to the High Court
for this purpose.

H. R. T. Shackleton,

Chief Executive Officer
Guildhall,
Gloucester.
18th February 1980

Could the more experienced members let me know if the TRO is valid in terms of the relevant laws. i.e. is it up to date and in line with the latest laws?

Cheers

Changy

Well definitely go and get a copy of the full TRO !! (am assuming G&M has posted up the 'in force' TRO. G&M where did you locate this ?)). They have issued under TMA and the TRO is so ancient it doesn't even take account the RTA 1991 (which enables decriminalised parking) much less mention the actual TMA legislation. Heck it even mentions Traffic Wardens when its should CEOs. If this is typical of the TROs in this town it looks like free parking all round to me - but TROs need to be checked first. Either this one got through (so dilgence poor) or the council just did not bother with its statutory duties.Please post up a picture of the reverse side of the TRO as well. I would get as many TROs as I could, arrange a group of friends so you can eat the elephant more easily.

Originally Posted by lamma

Well definitely go and get a copy of the full TRO !! (am assuming G&M has posted up the 'in force' TRO. G&M where did you locate this ?)).

Googled it

Originally Posted by lamma

Well definitely go and get a copy of the full TRO !! (am assuming G&M has posted up the 'in force' TRO. G&M where did you locate this ?)). They have issued under TMA and the TRO is so ancient it doesn't even take account the RTA 1991 (which enables decriminalised parking) much less mention the actual TMA legislation. Heck it even mentions Traffic Wardens when its should CEOs. If this is typical of the TROs in this town it looks like free parking all round to me - but TROs need to be checked first. Either this one got through (so dilgence poor) or the council just did not bother with its statutory duties.Please post up a picture of the reverse side of the TRO as well. I would get as many TROs as I could, arrange a group of friends so you can eat the elephant more easily.

Thanks to all..

The local authority are giving me the right run around on this one. Both of the locations listed no longer exist in terms of holding the TRO. One of them has been demolished and the other hasn't held the plans for about 15 years according to the very helpful lady I spoke with.

I am trying to speak to the person responsible at the Highways Department but they are definitely stalling, acting (or actually are) stupid!!

I'm hanging on the phone as I type and getting nowhere.

sounds like they are in a right mess. pay a personal visit and take a print out of this Local Government Act 1972 (c.70) - Statute Law Database often there is a split in council - a Parking Manager responsible for enforcement and a Highways manager responsible for signs. Best way to find out is probably too google up minutes of council meetings. when you go for the TRO - just tell them you are coming to get it - make sure you let them know that you want to check the copy with the original page by page. It may be there is a more recent one that the one google provided for G&M so lets not count chickens here. On the other hand if they were on top of the TROs they wouldn't be messing you around on the phone (barring the usual incompetence reasons).

This just gets more ludicrous by the minute!!

I just spoke with a very helpful guy in the Highways Department and when I mentioned Albert Street and 1980 he almost choked because he has one for 2005 but it covers Albert Street only and NOT the area outside GL1 Leisure Centre.

He then added that he believes the area outside GL1 may NOT be Public Highway and therefore the Local Authority should not be issuing tickets on that section of road. He is checking to see if a TRO exists for that area but after searching that area i.e. the streets, businesses etc. in that area there does not appear to be a valid TRO for the area concerned.

Of course he may end up finding it but I'll keep you informed.

Thanks again

Changy :grin:

oooh, refunds !!! keep us posted. Does GCC outsource to NCP by any chance ?