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I have started a new thread because the saga of the TRO for GL1 leisure Centre continues. The council change their mind like the weather so nothing they say is of any use.
According to the TRO and main car park Sign for this Off Street Parking area, the controlled hours/charging hours are 09:00 - 15:00. Personally there is a world of difference between controlled hours and charging hours but the council slip and slide and decide to use both whenever it suits them.
I have talked many times with the CEOs in the area and they always said that after 15:00 there was nothing they could do because the double yellow lines were not enforceable. I think this thought about the lines came about because I pointed out to the council that they did not conform to the size required, were broken in places and were not barred off at the end. The most important thing is that they aren't mentioned anywhere in the TRO. Please can someone tell me if double yellows, hashed boxes etc need to me mentioned in a TRO for off street parking?
I contest that no lines/restrictions mentioned in the TRO means they are completely unenforceable but perhaps they don't need to mentioned for off street parking - I find that hard to believe but I am willing to accept it if someone can advise me.
They don't issue PCNs for one side of the area because they admit the lines are unenforceable due to the obvious lack of a correct T Bar at the one end yet they issue them for the other side when the lines are broken, they don't conform AND they are not mentioned in the TRO?
I appealed online within 14 days of the pcn on the grounds of the TRO not listing the lines and they rejected it. They sent me a plan with the "off street parking" area shown with a highlighter pen and said "that was the area covered so the lines could be enforced" despite no listing them???
I was issued a PCN with code 86 which is the correct code but it was outside of the controlled hours which are clearly displayed on the sign and was parked on lines away from the parking area that do not exist in law in my humble opinion.
Should I pursue this or simply pay up before they double the charge.
check out the RTRA especially this part Road Traffic Regulation Act 1984 (c. 27) - Statute Law Database they part that allows for off-street isn't quoted as used in the TRO is it ? they quote Part IV of Schedule 9 - i.e. the wrong Part IV. someone should check this as to my reading that TRO does not allow for off-street.