Car removed while parked on a single yellow

[Filthy Monkey]

Hi folks,

 

Could do with some advice here. I went for a night out in Edinburgh on Friday and stayed in the Hilton in Grosvenor Street. A friend stayed with me and left her car outside on the single yellow lines on Friday evening. We left around 9am on Saturday morning, having overslept, and discovered that my car had a ticket and her car had been removed as it turned out that parking restrictions kicked in at 08.30. Had it just been a ticket I could accept it and would probably just have paid, but I am really annoyed that her car was towed away when it clearly wasn't causing an obstruction, costing her £135. So, obviously I am looking for a way to appeal and get the money back. There have been roadworks in the street recently and the line has not been repainted, so I have taken some pictures and would appreciate any comments on the incomplete line. There is clearly no T-bar at the end, but I'm not sure if this is significant as the line is followed by parking bays. Her car was parked where the Lexus is in the picture. I will be back in the area on Tuesday, so will check for signs at the entrance to the CPZ.

 

Image 1

 

Image 2

 

Image 3

 

All comments appreciated, even Green and Mean's inevitable, but completely pointless statement that it was her own fault, £135 is fair and that she should just accept it and be more careful where she parks in future!

Edited May 26, 2008 by Filthy Monkey

[Guest Old_andrew2018]

Hi

 

I'm no expert I would suggest if there are no yellow lines then you can not be penalised, I expect you will get advice from both better and less informed people, at least there arn't to many trolls as compaired to private parking issues.

You could also look at pepipoo.com which is a site aiming to assist motorists,

 

Regards

 

Andy

[green_and_mean]

The SYL is in good condition however you are correct in stating that the T bar is missing. The Chief Adjudicator has stated in the past however that the missing T bar will only be considered if there is doubt over the end or start of the restriction it will not automatically invalidate the entire line (case DDO500SE), so you will have to argue that point.

Parking in a restricted street outside of a permitted parking place is consisdered obstruction your opinion whether it was is not really relevant.

If the signage is in place for the SYL you will have to argue that the lack of T bar and the adjacent time plate for the bays caused some confusion as to the restriction in place.

 

ps Next time, remember to get up on time!!

[Tony P]

Just an observation/comment - of no use to the OP and his case.

 

Photo 3 is another example of unnecessarily complicated signeage.

 

Why not just say Mon-Sat as the times are the same?

[patdavies]

The sign in photo 3 is unlawful and therefore does not exist for enforcement purposes.

 

There is no approval for the wording "tickets and regulations", accompanied by an arrow.

[green_and_mean]

The sign in photo 3 is unlawful and therefore does not exist for enforcement purposes.

 

There is no approval for the wording "tickets and regulations", accompanied by an arrow.

 

 

Very true, I noticed that but thought it unlikely the Council would admit a sign was non compliant and therefore could not be misleading.

[Filthy Monkey]

Thanks, guys. Now the big question. Can I use any of this to get her removal fee back...?

[Filthy Monkey]

I went back to the area last night and had another look around. There is a sign of type 663 at the entrance to the road her car was removed from, although at the opposite end of the road from where she entered the road. Am I right in thinking that, being of type 663, there is no requirement to have this sign on each side of the road? The sign is placed on the right hand side of the road as you drive in, so not on the side she parked.

 

I had a look around various streets, driving over a mile from where she was parked, but couldn't find any other signs suggesting where the CPZ boundary was. Is there a limit to how big the CPZ can be? Surely it can't take up the whole city. Can it...?

[green_and_mean]

It could in theory be a whole city there is no size limit provided its signed correctly. 663 signs should be on both sides of the road at the entry point to the zone, if the sign is in addition to the required entry signs ie to remind you that you are in the zone there is no requirement to be on both sides.

[Filthy Monkey]

Thanks, G&M. I take back all those nasty things I ever said about you

 

I'm a bit confused about this one and don't really know how to represent it to the council, as the TSRGD documentation doesn't seem to back that up under Section (a) (ii) -

 

"controlled parking zone" means either -

 

(a) an area -

 

(i) in which, except where parking places have been provided, every road has been marked with one or more of the road markings shown in diagrams 1017, 1018.1, 1019 and 1020.1; and

 

(ii) into which each entrance for vehicular traffic has been indicated by the sign shown in diagram 663 or 663.1; or

 

(b) an area -

 

(i) in which at least one of the signs shown in diagram 640.2A has been placed on each side of every road; and

 

(ii) into which each entrance for vehicular traffic has been indicated by the sign shown in diagram 665;

 

How can I find out which area is covered by the CPZ? Can I request that from the council?

[lamma]

many councils show them on their website

[patdavies]

How can I find out which area is covered by the CPZ? Can I request that from the council?

 

Yes you can, A CPZ is established via a TRO and these are legally available on demand to any member of the public. As long as the Council to which you refer is the highway authority, rather than simply the enforcing authority.