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    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later the your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. So if you subtract the time you took to drive from the entrance. look for a parking place and park in it perhaps having to manoeuvre a couple of times to fit within the lines and then unload the children followed by reloading the children getting seat belts on etc before driving to the exit stopping for cars, pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
    • Hi  no nothing yet. Hope it stays that way 😬
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What are the regulations for white H bar markings in front of a drive?


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Hello, can you please advise what the law is in relation to white H bar makings found in front of a drive?

 

I am not referring to parking in front of the drive or blocking vehicles entering or leaving but specifically what the legislation is regarding the white lines?

 

I have seen comments elsewhere that they are only advisory but they were not backed up with any facts.

 

The white markings I am referring to are on a drive that is on a main rod, there are parking spaces either side and vehicles parked in the parking space may have their car body over the lines but are not over the dropped area of curb or past the stone pillars either side of the drive.

I.E. To the side of the driveway - but the white lines extend 2' beyond the dropped part of curb.

 

I have spoken to a police officer who says he cannot remember them being part of the TSRGD.

 

Thank you.

 

EDIT: This is outside London and in England. (Lancashire).

Edited by SepticSid
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Hello, can you please advise what the law is in relation to white H bar makings found in front of a drive?

 

 

 

I am not referring to parking in front of the drive or blocking vehicles entering or leaving but specifically what the legislation is regarding the white lines?

 

 

 

I have seen comments elsewhere that they are only advisory but they were not backed up with any facts.

 

 

 

The white markings I am referring to are on a drive that is on a main rod, there are parking spaces either side and vehicles parked in the parking space may have their car body over the lines but are not over the dropped area of curb or past the stone pillars either side of the drive.

 

I.E. To the side of the driveway - but the white lines extend 2' beyond the dropped part of curb.

 

 

 

I have spoken to a police officer who says he cannot remember them being part of the TSRGD.

 

 

 

Thank you.

 

 

 

EDIT: This is outside London and in England. (Lancashire).

 

 

 

 

The lines extend beyond the kerb deliberately and they should be observed. Violation of h-bars leads to a fixed penalty fine imposed by the local Council. Different Councils may have different rules of application.

 

However, a Police officer may also hand over a ticket as, under the road traffic act, any violation is obstruction.

 

If the property has a dropped kerb it is a legal access point. If there is no dropped kerb then it is not a legal access point.

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Are there rules for the implementation of H bars? ISTR that they are not in the TSRGD so if they are not in that then surely they have no place in law?

 

If local councils want to make something up then surely it has to be within the law? Where can the law relating to these markings be obtained?

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Are there rules for the implementation of H bars? ISTR that they are not in the TSRGD so if they are not in that then surely they have no place in law?

 

If local councils want to make something up then surely it has to be within the law? Where can the law relating to these markings be obtained?

They are purely advisory, therefore there are no statutory regulations relating to them.

 

Their purpose is merely to highlight to other vehicles that they shouldn't block access to off-road parking areas such as a driveway or garage.

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My local constabulary states these markings are advisory only and are not backed

by any legislation.

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There is provision under the TSRGD for the Council to provide these H Bars.

 

Although it is classed as advisory, and has no legal standing, actual obstruction of a driveway is an offence that the Police can ticket for.

 

Some Councils have local regulations for areas of residence where there may be power to issue fixed penalty notices.

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There is provision under the TSRGD for the Council to provide these H Bars.
Are you able to say where as I cannot find it?

EDIT: Maybe its on P178/section 6.

And if the driveway is clearly not obstructed? If the White markings extend way beyond the dropped curb?

I suspect that the markings I am thinking of are incorrect but wish to find how they should be setout.

 

What about which part of a vehicle covers it?

I understand that it has to be the wheels when it is a zig zag or yellow line - so where is the bit that specifies which part of a vehicle is committing an offense for these?

Edited by SepticSid
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Yes, Section 6, p178.

 

H bars are roughly the same width as the dropped kerb, but an overlap is usually seen (1 metre either side) to allow free space for the turning in and turning out of any vehicle. If the dropped kerb was substantially wider at some point in the past then the H bars would have been of similar width to try and curb the activities of illegal parking.

 

An offence is committed (in some Councils with delegated powers) if a vehicle is blocking or overhanging part, or all, of the vehicular access.

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What is defined as the vehicular access?

 

IMO if there is a large stone pillar at the side of the drive and the vehicle is parked such that it does not extend beyond that then it is not blocking vehicular access. This is a double width drive.

 

How does one find out if the council has delegated powers and who from?

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The rule about obstructing someone's driveway are quite simple. If you car is blocked IN, then the police can be requested to remove the offending vehicle whether there are lines there or not (providing that there is a dropped kerb). However, if you car is prevented from entering you drive then there's nowt you can do about it. As others have mentioned, the white 'H' bar line is purely advisory.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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The rule about obstructing someone's driveway are quite simple. If you car is blocked IN, then the police can be requested to remove the offending vehicle whether there are lines there or not (providing that there is a dropped kerb). However, if you car is prevented from entering you drive then there's nowt you can do about it. As others have mentioned, the white 'H' bar line is purely advisory.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

Unless its in a Council enforced area in which case the car can be both ticketed and towed away even if the householder doesn't own a car.

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  • 1 year later...

If it is a legal dropped kerb, then the H bars are there to curb the obstruction of that dropped kerb access.

 

If there is a car on the hardstanding then obstructing its egress can cause a ticket to be issued.

 

If there is no car then obstructing the ingress of any vehicle can also be ticketed by the council depending on what the local regulations are.

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AFAIK id the owner of the drive with the H bars complains to the council - the offending car can get a ticket, however if a car is over the H lines that has the permission of the drive owner then they are not going to get a ticket, because the owner is not going to be complaining to the council about it.

 

Hence - make friends with the drive owner. :)

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SpeticSid

 

what is your local authority

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Mine is Rossendale, but what I said above is just what I have read on the web.

My locals said that people had paid for the H lines to be painted, so that they get access, myself I think its a load of tosh. Its not in the TRSGD so its not legal.

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OK not much help from your LA other that parking enforcement is by way of Lancashire County Council.

 

AS for the H bar, in itself it is advisory and not enforceable but it appears the dropped kerb may be

 

Hertfordshire Constabulary have this to say on their website.

 

Vehicles obstructing driveways

Where vehicles are preventing access to or from a driveway, the police have the capability to identify the vehicle owner and request the vehicle is moved. Please contact us using the details above.

 

Vehicles obstructing dropped kerbs

 

 

Due to a change in legislation your local Borough / District Council is now able to issue a Penalty Charge Notice to vehicles obstructing a dropped kerb that serves a driveway, cycle track or pedestrian access.

 

Vehicles must not park on the carriageway adjacent to the footway, cycle track or verge that has been lowered or where the carriageway has been raised to the level of the footway, cycle track or verge for a purpose of:

 

 

  • Assisting pedestrians crossing the road
  • Assisting vehicles entering or leaving the off street parking areas such as driveways across the footway, cycle track or verge.
  • Assisting cyclists entering or leaving the road.

 

Inconsiderate parking alongside dropped kerb can prevent residents, particularly people with disabilities and persons with pushchairs, from crossing the public highway in a safe manner, and also prevent the residents and businesses from getting their vehicles back on the road or in their driveway.

 

Please contact the police on the non-emergency number, telephone.gif 101.

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Mine is Rossendale, but what I said above is just what I have read on the web.

My locals said that people had paid for the H lines to be painted, so that they get access, myself I think its a load of tosh. Its not in the TRSGD so its not legal.

 

I guess it must be legal then! :wink:

 

http://www.legislation.gov.uk/uksi/2002/3113/images/uksi_20023113_en_132

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We can ask our LA for these markings charges are at the discretion of the council depending on the applicants circumstances.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I also had a local bobby trying to tell me that if I was over the lines I could be prosecuted under other things, something about anti social behavior I think.

Total BS I thought & never heard from them again.

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