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Illegal to park in a lay-by?


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Now here's one for you all to chew over.

 

A client of ours left his vehicle in a lay-by situated on a dual carriageway. When he returned he found a police compliment slip complete with FPN stating that the van should not have been there as the lay-by was subject to clearway regulations.

 

The only sign in the lay-by was the usual blue 'P'.

The compliment slip stated that parking was allowed, but not for the attendance of nearby football matches.

No section of the RTA was quoted.

 

Observations please.

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TRO time methinks. The TRO can only close the lay-by completely for matches. This needs careful investigation of the TRO for a) definition of matches, and b) requirements for signage.

 

As it is Police, then it must be an FPN and this has to be fought in a Magistrates' Court. He must take positive action, he can not just ignore it ans expect it to be passed to the Court.

 

Also, if the offence is accurate, the driver is liable - not the owner or RK

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I don't think TRO came into this as the lay-by wasn't closed and neither were there any signs indicating no parking on match days. Nor was there any indication on the FPN that this was the reason for its issue.

 

What we have here is a copper who admitted on his compliment slip that parking was allowed. Allowed for who? And under what terms? I'm guessing when I say that maybe he didn't like the idea that the lay-by could be used by fans. However that isn't any reason to select those who should have a ticket and those who can escape one purely on the basis of whether or not they like football. I'm not so sure that the police have such prejudicial discretion in law.

 

He certainly shouldn't be trying to discriminate against people because he thinks that they may be football fans. Apart from the co-incidental times of the parking in relation to the match times itself, the policeman had no evidence to assume that football was in anyway involved in this incident.

 

Seems a strange one to me and rather daft way to fine someone £30. I might add that the FPN is addressed to both an indivudual and a limited company and is dated 2007 rather than 2008.

 

Am I being facetious in suggesting that as the vehicle which is actually registered to the limited company was parked at all times (the alleged offence), there is no driver to chase? No S172 has been sent.

 

Don't you just love the variety of life?

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