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JesperAudi

27 Parking adjacent to a dropped footway *Successfully Appealed*

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I had a tow-away in Wandsworth when parking close to the The Ship pub at Jew's Row, Wandsworth SW18 1TB, this Saturday 7th August 1pm approx.

 

I parked in Pier Terrace a dead end, single yellow on one side, a combination of parking spaces (mon-fri only) single/ double yellow on the other side. There was no other signage. I had actually checked that it was OK to park there but had missed the dropped kerb.

 

I parked in the first space after the double yellow section, so we had double yellow lines, then single yellow. At the start of the single yellow there was 2 feet of dropped kerb (poss wheelchair access to the pavement). On the opposite kerb the wheelchair access was against a double yellow.

 

I've already had to pay tow-away £200 + PCN £60 :x

 

My complaint is that the drop kerb was right next to the double yellow lines and if they didn't want you to park next to the drop kerb, they only had to extend the double yellow lines a further two feet.

 

In leaving this as a single yellow, they are just becoming a prime target for the clamping/tow away companies. It is clearly a regular spot for parking tickets/towing as confirmed by some of the pub regulars. It was my first visit.

 

Could I argue an appeal based on incorrect marking?

 

Even if I can't I would like to do something to get them to change the markings as at the moment I think the markings are there just to set up the motorist for a parking ticket/tow away.

 

 

Thanks Jesper

Edited by JesperAudi
making it read better

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Hi and welcome to CAG

 

 

I have moved your post to the parking forum where it will be better answered .

 

 

saint


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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No markings are required for a drop kerb unfortunatly. You could argue that in this case the yellow lines could have been extended but then if they had you could ask why only some drop kerbs had DYL and some didn't. There are exemptions such as loading to park across a DK but you only likely get out is if the paperwork for the tow was non compliant which having seen some from Wandsworth before I would say it was more than likely compliant. Post a photo of the drop kerb and paper work someone may spot an error.

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if you were blocking the dropped kerb you have no defence regardless of lines.

see the highway code.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Looking at the photo the drop is deffinatly meant to be there you can tell by the textured paving, I think you will have to use this as a lesson learnt I caanot see a way out.

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Yes, I agree. Painful but true. My main moan is that if they had used 2 more feet of paint to make the line in front of the dropped kerb a double, I and no doubt countless other unfortunate motorists would not have dreamed of parking there.

 

I also wish I had learnt my lesson about the dropped kerb with a fine and not a tow-away.... but that is life.

 

I have sent an appeal, but in reality it is no more than an appeal to their good nature, and of course they won't have any!!

 

Cheers

 

Jesper

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no. if you and the many that have been caught bothered to read the highway code, then you wouldn't be parking there

 

nothing to do with lines or not.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Harsh.

 

Reading the highway code and knowing it intimately is another matter. I have 3 kids that have recently passed their tests and could guarantee that they were not aware that you could be towed away in these circumstances.

 

And how often you even see a drop kerb depends very much on where you live. They are probably quite common in London but not where I live.

 

I am sure if there had been no lines and of course if I spotted the DK, I would have adjusted my parking position. After all I would never block a driveway, but I have never encountered a 'wheelchair access' dropped kerb before so wasn't actively looking for it.

 

I still think that if Wandsworth council wanted to protect this particular space in front of the DK, they could have extended the double yellow 2 feet further and less drivers would make the mistake. Not doing so is in my opinion an act of entrapment.

 

I accept on the basis of everyone's advice I was in the wrong but I still think Wandsworth council should (but won't) accept partial responsibility which of course isn't reflected in the £300+ costs and inconvenience to me and my family.

 

Not a happy bunny, but thanks anyway. This is a very useful forum.

 

Jesper

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Hi Guys

 

I thought you would like to hear that my appeal was successful and I have received a letter from Wandsworth, saying that my £260 is to be returned.

 

Wow! I was really going through the motions, and really all my appeal letter did was appeal to their better nature.

 

It does though show the merit of writing a nice/ non antagonistic letter which I set out to do.

 

If anyone feel that it would be of wider use, I could post my appeal letter and their reply.

 

Thanks anyway for the guidance through my early angry hours!!

 

Jesper

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Well done :)

 

I have edited your title :)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hi Jesper,

 

I had a very similar experience when I parked in Battersea yesterday afternoon. I had checked for signs advising that I couldn't park there but missed the presence of the dropped kerb. I had a tow away and £260 fine :(.

 

I'm planning to appeal on the grounds that this area of DK was not marked by a double yellow etc. although I'm not that hopeful. I read you had some success when making your appeal and wondered if you had any useful tips / advice for when write mine?

 

Thanks.

 

Claire

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Hi Jesper, I would like to see your appeal letter and their reply if possible.

thanks.

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Hi guys

 

I parked on a residential back street in Clifton, Bristol recently and received a ticket for parking on front of a DK - old footpath, ancient kerbing, on a corner (not driveway), no signage, didn't know about that code. I would say similar parking would occur regularly.

 

Any point in me challenging?

 

Cheers:violin:(had to use this guy)

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Was it a dropped kerb or was it a subsided kerb.

Edited by esmerobbo

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