"01 Parked in a restricted street" Enfield (Driving Instructor)

[dragon42tt]

The issue is getting somewhat clouded now with being taken off on tangents in one direction or another. The original question is whether there is any defence against the issue of a PCN for an 01 restriction.

My feeling would be that Al27s suggestion of the need to stop following an accident and/or because the pupil was panickng may still be the strongest defence on mitigating grounds only. But I think this may also be somehow reduced by the "need" to go to buy a bottle of water which makes it look much more like parking.

 

I had a similar incident last week when a car passed my pupil while exiting a roundabout which, in my opinion was purfectly safe, but it scared my pupil to death causing her to clip the kerb and lose control of the car somewhat. I intervened and brought the car to a safe stop as soon as possible which happened to be a bus stop with yellow lines. Now nothing "legal" came from that but my defence would have been one of road safety with us only remaining there for the shortest period of time and neither of us leaving the car.

 

I don't see anything to lose at the stage with an informal appeal on these mitagating circumstances.

 

Thanks.

 

If councils are giving people stupid tickets to increase there income (not claiming this one is stupid) then I shall say I got out of my car to go and speak to the driver, there was no damage so we didn't exchange details.

 

 

I got many tickets in the past which I shouldn't have , most of which I got cancelled, so councils deserve what they get.

[Michael Browne]

 

If councils are giving people stupid tickets to increase there income (not claiming this one is stupid) then I shall say I got out of my car to go and speak to the driver, there was no damage so we didn't exchange details.

 

 

You have already admitted that didn't happen. The full video may show a different version of events to yours. I would not recommend lying.

[green_and_mean]

Which thread were you reading ? your not on this planet are you ?

 

1 - I did say the lorry/truck was double parked (illegal) while unloading.

 

2 - Please find the piece of text where I said to my pupils "its ok to hit a vehicle"

 

I never said you said those words but as the 'instructor' you should have informed him that was the correct thing to do. As for being illegal to double park to unload what planet are you on? Where is this mythical law that says its a criminal offence to do so?

[green_and_mean]

85 Prohibition of double parking etc.

(1)In a special enforcement area a vehicle must not be parked on the carriageway

in such a way that no part of the vehicle is within 50 centimetres of the edge of

the carriageway.

This is subject to the following exceptions.

(2)The first exception is where the vehicle is parked wholly within a designated

parking place or any other part of the carriageway where parking is specifically

authorised.

A “designated parking place” means a parking place designated by order

under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c.27).

(3)The second exception is where the vehicle is being used for fire brigade,

ambulance or police purposes.

(4)The third exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or

collecting goods from, any premises, or is being loaded from or

unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be

carried out in relation to those premises without the vehicle being

parked as mentioned in subsection (1), and

[dragon42tt]

I never said you said those words but as the 'instructor' you should have informed him that was the correct thing to do. As for being illegal to double park to unload what planet are you on? Where is this mythical law that says its a criminal offence to do so?

 

So why you assuming I told him it was ok or that I never told him it was wrong ?

 

The contravention code below is from Enfield website;

 

"26 Vehicle parked more than 50 cm from the edge of the carriageway and not within a designated parking place" it is illegal to double park because you would be more than 50cm away from the Kerb. Joker

[dragon42tt]

85 Prohibition of double parking etc.

(1)In a special enforcement area a vehicle must not be parked on the carriageway

in such a way that no part of the vehicle is within 50 centimetres of the edge of

the carriageway.

This is subject to the following exceptions.

(2)The first exception is where the vehicle is parked wholly within a designated

parking place or any other part of the carriageway where parking is specifically

authorised.

A “designated parking place” means a parking place designated by order

under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c.27).

(3)The second exception is where the vehicle is being used for fire brigade,

ambulance or police purposes.

(4)The third exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or

collecting goods from, any premises, or is being loaded from or

unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be

carried out in relation to those premises without the vehicle being

parked as mentioned in subsection (1), and

 

Even if the above is true, the lorry was clearly obstruction traffic.

 

Thats alot of exceptions, theres noway he was going to unload in 20 minutes while unloading

 

Everyone knows delivery lorries double park because they want to be closer to there store they are delivering to, whether there is designated bays or not, so why do you going on.

Edited April 3, 2011 by dragon42tt

[dragon42tt]

I never said you said those words but as the 'instructor' you should have informed him that was the correct thing to do. As for being illegal to double park to unload what planet are you on? Where is this mythical law that says its a criminal offence to do so?

 

Ok smarty I just reviewed the video evidence put on Enfield evidence website for this pcn and there was room where he could have parked.

[Michael Browne]

If the video shows the lorry does it show the accident happening?

[sailor sam]

Ok smarty I just reviewed the video evidence put on Enfield evidence website for this pcn and there was room where he could have parked.

 

Can we have a link?

 

The exemption applies providing that the vehicle isn't obstucting traffic or parked in a prohibited place such as on pedestrian zig zags. Having said this, apart from the 'collision', the parking status of the lorry is irrelevant to your PCN, it does however give a avenue of appeal giving the reasons already stated.

[dragon42tt]

If the video shows the lorry does it show the accident happening?

 

Doesn't show the lorry, but Loading bays are clearly visible, check the google streetview link I have provided, you will see there are loading bays on either side, on the video you can clearly see loading bay is empty.

[dragon42tt]

Can we have a link?

 

The exemption applies providing that the vehicle isn't obstucting traffic or parked in a prohibited place such as on pedestrian zig zags. Having said this, apart from the 'collision', the parking status of the lorry is irrelevant to your PCN, it does however give a avenue of appeal giving the reasons already stated.

 

I can view it using VRN and PCN, it's around 30 seconds in total.

 

I tried to check on google streetview but as at the time of google passing by there were major roadworks so can't tell whether it was zigzags or something else.

[dragon42tt]

I got a letter from Enfield 10 days ago, it says;

 

I can confirm that your representations have been accepted and the penalty charge notice has been cancelled on technical grounds.

 

Thanks to everyone that tried to help,

 

and No thanks to few guys who were just being horrible and had no intention to help, if you can help then just don't reply next time.

[disgruntled2007]

I'm glad you won your appeal, however, I think the fact you reared up at the first misunderstanding of someone trying to help you removed a lot of the sympatrhy you may have had which would explain the "horrible" comments. You might also notice the number of posts each of those members has, compared to your 48....

[dragon42tt]

I did apologise for the misunderstanding quite quickly, accepted my mistake like a man so why can't they accept that, so what was the point of the opology then. All i asked was for people that were upset about the misunderstanding not to go on about it but just offer help, if they don't want to help then just shut up.

 

I didn't come here for sympathy just for advice, I don't understand the relevance of the number of posts, should I be keeping quite because they have more posts than me or should I give them more respect ??