am i right to dispute my parking ticket?

[uparoundthebend]

Parked in a side street off a main road, many other cars parked there on the day, it was at the side of a cscs test centre, but mine was the only one booked.

 

The offence stated was parking in a restricted street during prescribed hours. Id have thought though that the dyl were to stop people parking on the main road and cant see why I should be charged for parking in a side street with no dyl on the ground. Should I refuse to pay it? Thanks.

[Michael Browne]

The DYL restriction applies not just to the carriageway but also up to the rear boundary of the footway. In pic 1, this boundary appears to be defined by the line of stones to the right of the hedge. In other words you were parked some 5ft beyond the limit of the private land. I'm afraid the PCN was issued correctly.

[Conniff]

You should always appeal even if you know you are wrong, but take in mind that the highway ends at the boundary of the next premises and in this case that is the edge of the wall facing the pavement.

Edited June 30, 2013 by citizenB
Remoived derogatory statement

[Jamberson]

Yours is the blue car nearest the road? Then you're blocking the footpath, although you're not actually on it. Your car is therefore causing a problem, and from a technical point of view is positioned such that it is subject to the yellow lines. Worth a try with an appeal, but the PCN is a fair cop as far as I can see.

[Conniff]

Go check the signage etc is all legit.

[Michael Browne]

Go check the signage etc is all legit.

DYL's don't require signage so I'd be surprised if there is any.

[Conniff]

http://www.bbc.co.uk/programmes/b006mg74/features/councils-issuing-more-parking-tickets-than-ever

[uparoundthebend]

There are no signs, thats what irritated me but I thought the dyl were to stop people parking on the main road and had no effect in the side street.

 

I can see your point about the front of the car encroaching the kerb (yea sorry mines the blue mondeo),

 

I thought with the wording of the offence being parked in a restricted street (which I would assume is the main road)

and me being behind the lines in the side street I could appeal it. If the offence was blocking the pavement/walkway

it should have been issued with a different offence code.

[dx100uk]

yes

[sailor sam]

Car is parked where it is within (or partially within) the area where the DYLs apply which is the adjacent footpath. DYLs do not require signage. PCN Correctly issued. Perhaps the OP can scan and post the PCN (obscure VRM) so it can be checked for any flaws.

 

Can I ask the OP, how would he expect anyone in a wheelchair to negotiate the pavement while his car is blocking it?

 

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.

[Jamberson]

There are no signs, thats what irritated me but I thought the dyl were to stop people parking on the main road and had no effect in the side street. I can see your point about the front of the car encroaching the kerb (yea sorry mines the blue mondeo), I thought with the wording of the offence being parked in a restricted street (which I would assume is the main road) and me being behind the lines in the side street I could appeal it. If the offence was blocking the pavement/walkway it should have been issued with a different offence code.

 

Most people don't realise, but in fact there is a concept of a "highway" which means the carriageway, the footpath and any verge, and it covers the whole area from the centre of the carriageway up to the boundary of whatever is there, in this case, the building wall. Yellow lines don't cover the "road" - they cover the highway, and therefore do include the pavement. And note that the contravention is about a restricted street, which is not the same a restricted carriageway. It's hardly obvious unless you look into it - but that's what's going on here.

 

I think, if your car had been further into the side turning so that it wasn't blocking the pavement, then you would have been fine. It's just the front end of the car which is the issue, as it's on the main highway.

[sgtbush]

ypur parked on a footpath and over a dropped kerb and within 15 yards of a junction, banged to rights on 3 different offences

[sailor sam]

ypur parked on a footpath and over a dropped kerb and within 15 yards of a junction, banged to rights on 3 different offences

 

It isn't a junction. It is an entrance to a property. The offence on the PCN is correct IMHO.

 

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.

[sgtbush]

its classed as a junction, there is a footpath over it with dropped kerbs for disabled access, the footpath is maintained by the council, it also has public access as there are no gates, classed as a junction

[Michael Browne]

its classed as a junction, there is a footpath over it with dropped kerbs for disabled access, the footpath is maintained by the council, it also has public access as there are no gates, classed as a junction

Rubbish, on that basis, every crossover to a private driveway without gates is a junction.

[sgtbush]

if it crosses a footpath it is still part of the highway until the boundry of the property, this is two seperate cases here. are you saying that cars do not enter or exit that "private Entrance"

 

 

your car is parked half on half off a public highway ( the pavement) and is parked over a dropped kerb.

 

therefore can you explain how a person, in a wheelchair could safely cross this junction without going into the road

[Michael Browne]

if it crosses a footpath it is still part of the highway until the boundry of the property, this is two seperate cases here. are you saying that cars do not enter or exit that "private Entrance"

 

 

your car is parked half on half off a public highway ( the pavement) and is parked over a dropped kerb.

 

therefore can you explain how a person, in a wheelchair could safely cross this junction without going into the road

 

I'm not disputing any of this. It's your assertion that an entrance driveway to private land is a junction. It's not, and it's 10 metres not 15 yards. See rule 243 of the Highway Code

[sgtbush]

I'm not disputing any of this. It's your assertion that an entrance driveway to private land is a junction. It's not, and it's 10 metres not 15 yards. See rule 243 of the Highway Code

 

split hairs if you must..... i work in old money terms, im sorry its 10 meters, i stand corrected.

 

Does that correction apply to a wheelchair user too?

[Michael Browne]

So you now don't dispute that it's not a junction?

[sgtbush]

junc·tion (jngkshn)n.1. The act or process of joining or the condition of being joined.

2. A place where two things join or meet, especially a place where two roads or railway routes come together and one terminates.

3. A transition layer or boundary between two different materials or between physically different regions in a single material, especially:a. A connection between conductors or sections of a transmission line.

b. The interface between two different semiconductor regions in a semiconductor device.

c. A mechanical or alloyed contact between different metals or other materials, as in a thermocouple.

 

there is the definition of a junction for you, whether it be a private road to a public road or otherwise

 

as you obviously want to split hairs and avoid the car being parked over a public highway, namely the pavement and blocking access from said pavement to the ajoining one, with regard to wheelchair users,

i am not going to comment on this post anymore.

 

the ticket was issued correctly, and you have previously said the same in your post

[Michael Browne]

the ticket was issued correctly, and you have previously said the same in your post

 

Absolutely, that was my first post. what I didn't do was introduce disabled access, wheelchair users, footway parking, junctions or public access, none of which have any relevance. In other words I concentrated on just the alleged contravention.

[sailor sam]

Without wanting to prolong the 'debate', if it were a junction (by the correct definition), the yellow lines would follow the direction of the kerb (i.e. into the turning rather than across it). As they actually follow the edge of the carriageway and cross the entrance, deems this not to be a junction as defined in the 10 metre rule.

 

But all this is academic. The PCN had the correct contravention.

 

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.

[Surfer01]

If I came across a car parked across a dropped kerb preventing my mobility scooter from moving forward, I would have made a phone call and requested a parking warden to attend. I cannot drive off the pavement as the scooter will probably tip over. If I drive back to a dropped kerb and then proceed down the road I can get nicked as the scooter does not have a tax disc and is not road legal! Next time be more considerate when you park.

[green_and_mean]

Without wanting to prolong the 'debate', if it were a junction (by the correct definition), the yellow lines would follow the direction of the kerb (i.e. into the turning rather than across it). As they actually follow the edge of the carriageway and cross the entrance, deems this not to be a junction as defined in the 10 metre rule.

 

But all this is academic. The PCN had the correct contravention.

 

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.

 

 

Correct, its clearly not a junction its an access to private land a junction is where two highways meets and as you say the lines would not go across a junction.

[TheBogsDollocks]

There does not appear to be any get out of jail free card here but the text below was once used and the appeal was accepted at adjudication because the council failed to give the appeal any proper consideration. They just issued a template rejection letter. The adjudicator did not consider the merit of the argument because he had no reason to having allowed the appeal. You can give it a go if you want.

 

I’m informed that the double yellow line is to diagram 1018.1 TSRGD 2002 and indicates a prohibition of waiting at any time. It is clear from diagram 1018.1 and direction 22(1) TSRGD 2002 that “at any time” is a reference to the applicable hours only since the applicable days, weeks and months can be varied. The prohibition can be varied from a minimum of 4 consecutive months up to a maximum of 12 consecutive months. Considering this fact, a motorist needs to be adequately informed of those consecutive days, weeks and months when the prohibition is applicable.

 

Regulation 18 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 requires a council to place traffic signs that adequately convey the effect of a traffic order. However, upon investigation I have learned that the council relies upon the deliberate absence of any adjacent traffic sign as a means to convey that the no waiting at any time prohibition applies on every day of the year. The council’s deliberate non-placing of a traffic sign to convey the effect of the traffic order is not only completely contrary to Regulation 18 but is also a display of disregard for the law. When I parked there was no traffic sign placed that adequately conveyed that the 24 hour waiting prohibition was applicable that particular day. Therefore, I consider the council to have failed in its statutory duty to comply with regulation 18 and I believe the penalty charge to be unfairly and unreasonably imposed.