Fixed Penalty Notice Offence code PK12 No waiting in unmarked parking space within CPZ

[dezza69]

A very strange situation. Received a Police issued ticket yesterday 1500 hrs for no waiting whilst parked in an unmarked off carriage parking pull in, tarmac not footpath, bollards between spaces and footpath to delineate, with double yellow lines on carriageway. It is also within a CPZ in Banbury. The ticket was issued (according to Thames Valley Police) for the double yellow line offence because they say the parking spaces are for loading only. There are no road markings or signs adjacent to say the spaces are for loading only. The CPZ signs do not give any times or restrictions. On two of the three roads into the CPZ the signs are not facing oncoming traffic, both of these entries have one of the two signs the wrong way round and both of the others are turned off face-on by at least 45 degrees. The road is over 5 metres wide so 2 signs needed. Within the CPZ there are standard road markings including zigzags. There is no indication of any sort to say the spaces are anything other than for general parking use.These are my questions; 1) If there is to be compliance with Highways Act shouldn't there be markings on the spaces or road markings like the two yellow chevrons on the kerb to show it is a loading space only? 2) Shouldn't there be an additional sign adjacent? 3) If the area is to comply under CPZ regulations shouldn't there be the same signs/road markings or indication on the entry sign? 4) From research it would appear the entire CPZ could be invalid because of the turned around signs and also the presence of zigzags and other road markings when research indicates absolutely no other road marking should be there within the zone apart from the double yellows. Is this correct? I have loads of photo's to back up all facts. What does the group think about appealing this? Pic 12022013026 is my vehicle in situ, 030 and 032 show the parking area, 23 and 40 show the signs at the two entries to the zone with signs facing the wrong way

[Jamberson]

I'm not optimistric for you. So far as I know, the CPZ designation is only of relevance if you commit a contravention enforced under decriminalised parking (ie by the council). However I think that double yellow lines (DYL) remain enforceable by the police, in addition to the local authority.

 

DYL cover not just the carriageway, but the whole highway, up to the building.

 

To address your specific questions:

 

1) If there is to be compliance with Highways Act shouldn't there be markings on the spaces or road markings like the two yellow chevrons on the kerb to show it is a loading space only?

 

No. Plain double yellows mean no parking, but you can stop to load/unload. The chevrons would indicate a loading ban, which has the additional restriction of prohibiting loading. DYL mean you can load but not park.

 

2) Shouldn't there be an additional sign adjacent?

 

No. DYL do not need signs. They are 24/7 - otherwise it would have just a single yellow line plus timeplate.

 

3) If the area is to comply under CPZ regulations shouldn't there be the same signs/road markings or indication on the entry sign?

 

Not for DYL. They are their own sign.

 

4) From research it would appear the entire CPZ could be invalid because of the turned around signs and also the presence of zigzags and other road markings when research indicates absolutely no other road marking should be there within the zone apart from the double yellows. Is this correct?

 

Could be, but as I said, I don't think it matters since you were not ticketed under decriminalised parking regulations.

[dezza69]

Really appreciate the feedback and points clarified. The ticket states timing as 1500 to 1500 which would not allow any time to load or unload and no observation time to check. The fact that the area has been specifically created yet no markings or signs to give any indication of load/unload only is what angers me. The spaces are off the carriage so not interfering with traffic flow and the car parked entirely within the bay not over lines. With no indication of restriction of use it is like a Venus fly trap and very deceptive.

[Jamberson]

You might have a technicality to appeal on if you were given no observation time. If it was a council PCN then that would be the case, and you would probably have it cancelled - but I'm not sure about police FPNs. Maybe someone else can help with that (anyone?).

[dezza69]

I have had advice that the yellow lines should have been placed on the inside of the parking area, not just continuing the road line and isolating and creating the parking island the other side of the lines. Comments?

[Jamberson]

Where does that info orginate - can your source quote something to back it up?

[dezza69]

It is being looked into by the same source

[crem]

I have had advice that the yellow lines should have been placed on the inside of the parking area, not just continuing the road line and isolating and creating the parking island the other side of the lines. Comments?

 

I would agree that I would have expected the lines to follow the actual kerbline, and not the theoretical roadline. They appear to have purposefully created the parking (or loading) spaces to be outside the DYL and at the very least I would have thought an appeal on unclear or misleading signage may be successful.