Northern Ireland parking ticket restricted zone with BB

[mickrick]

I was attending my daughter's graduation at the beginning of December.

I parked in a street, in an unfamiliar area.

There were cars parked on both sides of the street

 

I only got parked because another driver was leaving a "space" as I was arriving.

I have a blue badge and as the space was double yellow lines I thought I had touched lucky.

I turned and walked away in the opposite direction.

 

When I returned to my vehicle, it was dark.

Parked cars had mostly cleared and I was able to turn and leave the street the same way as I had arrived.

It was only the following day I found I had received a parking ticket.

And I was angry to see that it was for parking in a street with restricted parking.

 

I looked my ticket up online and the parking attendant had taken photos, showing the position of the car and a nice big closeup of a restricted parking sign.

I had seen no such sign when I parked there.

 

I drove down to the same street,

parked in the same spot and proceeded to look for this big sign.

The only sign I could see was one for "No Drinking In Public" on the opposite side of the street.

 

I eventually found the sign, which turned out to be about 6" x 4" and was on a lamppost about 200 yards from where I parked.

Also the angle it was fixed at made it completely unreadable.

 

I took photos and challenged the ticket on the grounds that the restrictions were not clearly displayed.

I was pretty certain the ticket would be cancelled based on the evidence.

 

Then this morning I received a letter from Parking Enforcement to say the challenge had been rejected as the parking restrictions were clearly signed and lined(?).

 

I am adamant that the restrictions were not clearly posted, plus the fact that the only space available was on yellow lines means I wouldn't have been able to see any "lined" restricted areas.

 

I am of a mind to fight this, but would like the views from members who have experience of doing so.

 

I live in Northern Ireland so I'm not sure if different laws and rules apply here to the rest of the UK.

[essex 42]

is it a controlled parking zone ?

would have big signs as you enter the area,

i just paid my ticket in the end,

too much grief

[disgruntled2007]

What’s the name of the street, and town, upon which you parked? As quoted in your PCN...

[mickrick]

is it a controlled parking zone ? would have big signs as you enter the area, i just paid my ticket in the end, too much grief

 

Nope, just the tiny sign.

[mariner51]

Post up redacted PCN, all correspondence & a GSV link.

 

 

For how long did you leave the car at that location?

[mickrick]

What’s the name of the street, and town, upon which you parked? As quoted in your PCN...

 

Its Fitzwilliam Street in Belfast. I entered the street from University Road and left on foot towards University Road. There were no signs between the entrance to Fitzwilliam Street and where I parked. The first one (the one I found) was probably 150 yards* from the entrance.

 

*I made a mistake in my original post. The distance from my car to the sign was around 100 yards, not 200 yards as I said originally.

 

I was parked there from around 3.40pm to 4.10pm. The Parking attendant "observed" my car for 5 minutes, from 3.59pm to 4.04pm.

[mickrick]

Ok I was able to upload them

docs1.pdf

[green_and_mean]

Did you use your bb clock

[mickrick]

I sure did.

The badge, yellow lines etc, don't matter in this case.

 

It's a matter of whether the parking restrictions were clearly displayed, and what my next move should be based on that.

[disgruntled2007]

Belfast is entirely controlled as a CPZ. There should be signs at every boundary entrance. They don’t need one on every street.

 

https://www.nidirect.gov.uk/articles/street-pay-and-display-tariff-details-controlled-parking-zones

[mickrick]

Yeah thanks for that.

But in my case,

on-street parking charges don't apply,

as I am a blue badge holder and can park anywhere,

unless restrictions are clearly marked.

 

My argument is that the restrictions were not clearly marked.

[DragonFly1967]

I think that what Disgruntled meant is that if a CPZ is clearly signposted at each gateway (entry point) then they don't need to have signs on each and every street. A driver should already be aware that they are entering (or within) a CPZ.

 

If that is the case, then you might be fighting a loosing battle if your case hinges on there not being a sign where you parked.

[Michael Browne]

You keep mentioning a restricted parking sign without actually telling us what it said.

 

That apart, if you were on a SYL showing a BB and clock and within the 3 hour BB time limit, that itself is an exemption.

[green_and_mean]

You keep mentioning a restricted parking sign without actually telling us what it said.

 

That apart, if you were on a SYL showing a BB and clock and within the 3 hour BB time limit, that itself is an exemption.

 

exactly

[stu007]

Have you actually checked the Blue Badge Parking Rules?

 

Rights and responsibilities of Blue Badge holders: https://www.nidirect.gov.uk/articles/rights-and-responsibilities-blue-badge-holders

 

Have a read of the webpage but specifically read 'Blue Badge parking rules' onwards,

[mickrick]

Okay I've read the rules.

I don't see anything in them which is pertinent to my case.

let me state the specifics as far as the blue badge rules do apply:

 

I was parked on double yellow lines, just before they became a single yellow line.

I did not park within 15 metres of a junction.

My valid blue badge was clearly displayed so it could be read from outside the car.

 

In other words,

I was,

to the best of my knowledge,

parked legally.

 

The ticket does not allude to a breach of blue badge rules in any way, shape or form.

The only sticking point is that of parking restrictions.

That is why the ticket was issued.

 

I say the restrictions were not clearly displayed;

ie the sign is too small,

and placed where it cannot clearly be seen from certain positions.

 

They say that the restrictions are clearly signed and lined.

That point is the issue I am asking for advice on.

[disgruntled2007]

I think that what Disgruntled meant is that if a CPZ is clearly signposted at each gateway (entry point) then they don't need to have signs on each and every street. A driver should already be aware that they are entering (or within) a CPZ.

 

If that is the case, then you might be fighting a loosing battle if your case hinges on there not being a sign where you parked.

 

Exactly...

[Michael Browne]

 

I say the restrictions were not clearly displayed; ie the sign is too small, and placed where it cannot clearly be seen from certain positions.

 

This is like squeezing blood from a stone. What did the sign say?

[mickrick]

Exactly...

I'm totally confused now.

what you're saying is,

there is one sign on University Road where it joins Bradbury Place,

another at the Malone Road/Stranmillis Road intersection and

another on the Lisburn Road at the start of the streets which connect to University Road,

stating that there is no uparking at all in that area?

 

Because there is definitely on-street parking on Elmwood Avenue,

which runs parallel to Fitzwilliam Street.

 

there would need to be a sign at each end of Elmwood Avenue stating the different rules which apply to the rest of the area, and I'm pretty sure there isn't.

 

I'm also pretty sure there are no signs stating that the area is a permanent no parking zone, at the start of every entrance to the QUB area.

 

This is like squeezing blood from a stone.

 

Why?

I've given all the relevant information.

Including what the sign said.

Haven't you read the previous posts?

 

To recap.

I parked on double yellow lines with my blue badge displayed.

I got a ticket for parking in a restricted parking area.

 

The sign displaying the restrictions (no parking at any time)

was around 100 yards further on from where I was parked

about 6 inches by 4 inches

and positioned in such a way that it was difficult to see,

and impossible to read,

from where my car was parked.

 

I challenged it as I believe the restrictions were not sufficiently displayed

my challenge was rejected on the basis that the restrictions were adequately displayed and lined.

 

There were no other signs in the area,

either at the entrance to the street

or at the "boundaries" if the surrounding area,

stating it was a no parking zone.

 

If you feel that you can give me advice on what I should do,

but feel additional information to what I have already stated is needed, feel free to ask.

 

please don't ask vague or irrelevant questions,

or make inflammatory comments.

It is very unhelpful.

[green_and_mean]

Okay I've read the rules.

I don't see anything in them which is pertinent to my case.

let me state the specifics as far as the blue badge rules do apply:

 

I was parked on double yellow lines, just before they became a single yellow line.

I did not park within 15 metres of a junction.

My valid blue badge was clearly displayed so it could be read from outside the car.

 

In other words,

I was,

to the best of my knowledge,

parked legally.

 

The ticket does not allude to a breach of blue badge rules in any way, shape or form.

The only sticking point is that of parking restrictions.

That is why the ticket was issued.

 

I say the restrictions were not clearly displayed;

ie the sign is too small,

and placed where it cannot clearly be seen from certain positions.

 

They say that the restrictions are clearly signed and lined.

That point is the issue I am asking for advice on.

 

Why come for advice and don't bother listening??

If your badge was displayed as you say then it doesn't matter if the signs were there or not as you had a blue badge anyway.

You were not from what you say in a disabled bay

so why would the ticket mention the badge?

[mickrick]

There was a "no parking at any time" sign,

which overrides the use of the blue badge.

 

There was no blue badge mentioned on the ticket.

 

So if that's your advice, then I'm afraid its wrong.

[Michael Browne]

You're mistaken.

 

At one time DYL's used to also have "no parking at any time" signs.

But nowadays DYL's are always 24/7 and the signs are not required,

but councils often have fail to remove the old redundant signs.

 

So if you were on DYL,

with a BB and clock and the time set on the clock was less than 3 hours before the pcn was issued, you have a BB exemption.

 

The pcn will not mention the BB

[green_and_mean]

 

So if that's your advice, then I'm afraid its wrong.

 

I've helped with hundreds of appeals and not lost one but I guess you know better!!

[borisbeaver]

Is there a picture showing your BB in the winscreen - normally viewable on the council website against the PCN number.