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Hi

 

I live in a block of apartments in the centre of Sheffield which has no parking facilities for residents so therefore it's a case of park where you can on the streets.

There is a small parking bay at the back of our building which is intended for a possible retail unit on the ground floor (the shop-space has never been developed and is boarded up) so people use that when there is a space free in it. There are no restriction signs in the space except for a blue one saying 'BAY FOR SERVICING RETAIL UNIT ONLY' and signs from UKPC stuck at various places on our building. There are also no markings whatsoever in or around the bay except double yellow lines on the road.

 

The bay is in the right of the picture below (sorry there's not much of the bay in view, was a picture I took to show the double yellows originally but you get the idea)

 

bayeditsmall.jpg

 

We've lived here over 6 months and have never had any issues until recently when I'm guessing the council has employed some over-zealous jobsworth CEO anxious to bump his figures up.

We've had two parking tickets recently, both from the same CEO and both for contravention '01 - parked in a restricted street during prescribed hours'.

I successfully appealed against the first on grounds that the double yellow lines are invalid but want something more to cover my back if they get stroppy with me and reject the next appeal and try and drag the whole thing out.

 

Basically, what, if any, contraventions can they get me under for parking here?

Would you class it as a private bay/on private property so they actually have no jurisdiction over it?

The street has always had traffic wardens handing out tickets (parking on yellow lines, in a pay-and-dispay without a ticket etc) but never when you parked in this space before, which seems to indicate the rest of them think there's no point trying to do you for anything...

 

Any help greatly appreciated. Thanks! ;)

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Sorry, will try and get another pic at soon as.

If you look there's a bricked/paved area (where the car is parked in the middle of) that's marked with a series of bollards around the edge; that's the bay. The whole thing is kind of 'D' shape distinguished from the pavement. The pavement runs between the bay and our building (the white building in the top right)

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Out of interest, on what basis did you say the yellow lines were invalid?

 

If it were me, I would be talking to the council, not about the PCNs but about the restrictions. What does the Road Traffic Order state? What is the bay for? If it's for parking, why are yellow lines running alongside it? Has there been an amnesty for vehicles parked in the bay and is it still effective?

 

The more info you can glean, the better placed you'll be to determine whether the PCNs are enforceable, and how to approach your appeal.

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The double yellows don't have termination bars, they just run under a speed bump and come out the other side as single yellows.

 

It looks like the bay was designed to be a parking space for delivery vans etc if there was a shop at the bottom of our building. The shop space is boarded up and has never been developed so the space has never been used for it's original purpose.

In the letter I received from the council in reply to my first appeal they merely stated at the end "The sign clearly states the lay-by is for servicing retail unit only"

Edited by ff81
typo
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I don't think the lack of T-bar will win you an appeal by itself. It's fairly widely known that yellow lines should terminate properly, but provided the lines are clear it tends to be treated as trivial and not grounds for cancellation. Not heard of one going under a speed bump before though... wonder what would happen if you parked on the speed bump itself?

 

I have a hunch that the council letter is partly a fob-off. All lines and restrictions are defined legally in the local Road Traffic Order. Regardless of what the sign says, it is here that the true parking regulations are written, and the council can advise on that.

 

Is that what the sign says? For "Servicing retail unit only"? Sounds odd to me. Do you have a pic?

 

Like I say, I would research a little with the council as to why DYL exist alongside a parking bay (if that's what it is). How for example would a Parking Attendant know if a vehicle was there while "servicing a retail unit"? It just sonuds strange.

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