Parking Tickets

[dw190]

Davies v Heatley [1971] R.T.R 145

Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.

 

Ignorance of the law is no excuse.

 

Any part of the lines from T-Bar to T-Bar broken or damaged render the lines as non compliant. They must be continuous.

 

So the councils should not issue any tickets if any of their lines or signs (which incidently are one of the same in RT law) are not as prescribed.

[dw190]

Davies v Heatley [1971] R.T.R 145

Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.

 

 

The above was for an alleged offence of crossing Double White Lines.

 

 

 

Prescribed Double Yellow Lines must conform. http://www.opsi.gov.uk/si/si2002/023113ba.gif There are NO PERMITTED VARIANTS

[dw190]

will do thanks for the info. i did check the wording and all seems in order.

 

From what you have previously said you must also have received "Notice to Owner" or even "Charge Certificates". Many councils up and down the country have cocked up with these documents with their automated counting of dates.

 

All documentation other than the initial PCN must refer to the number of days you have from the Date of Service of the notice.

 

Also check on the Notice to Owner the part "If by ??/??/???? you have failed to pay or make representations" The inserted date must allow for them posting the doc to you. If it is exactly 28 days after the Date of Issue of the Notice it is flawed.

 

Take a look at FightBack Forums -> Parking Tickets

[dw190]

ive checked the dates and they are correct. phoned them up regarding the biggest fine. i should have paid 150 by 11/05/06. ontop of that two others totaling 350. This is alot of money for me which makes me feel like just ignoring them. im moving out of my rented accomodation soon, i dont have a uk driving licence and i dont intend to inform the DVLA of my new address untill i have sold my bike and bought a new one. I know its not the best thing to do but i think they have mte by the short and curlies. what do you think my chances are of them giving up looking for me after a while?

 

By just ignoring them you will most likely end up with CCJ registered.

 

Can you scan and post the notices removing all personal identifying text.

[dw190]

For the life of me I do not see how the law can allow a private company to fine you. Decrminalisation is one thing but parking schemes operated by private companies are no more legal in my opinion than it would be for you to charge them £60 for returning the letter to them.

 

I agree. There is no legislation in place, the thing they rely on is implied contract, but even this would have to be with the driver and not the registered keeper.

 

If ever I received a letter from a private company I would simply write a short letter disputing any contract and suggest they contact the driver (This makes for good evidence in court if they did try it on) . You are under no obligation whatsoever to provide them with details of the driver.

[dw190]

Ask to see a photo. If you were parked on the pavement, offence or not, then they have the wrong offence on the ticket and it's unenforceable - but as stated above if there is no date of contravention on it (Manchester ticket - are you sure?) then it's irrelevant anyway.

 

Double/Single Yellow Lines are enforceable from the centre of the road up to the building line including any footpaths or grass verges.

 

PCN's with only one date on are U/S

[dw190]

Hmmm, well nobody has told NPAS then because I won an appeal some time ago because my car was parked fully on the footpath and not on the road.

 

Has the council allowed footpath parking? If it has thats ok.

[dw190]

Not in Blackpool that's for sure! I can't remember exactly where it was to be honest but I don't think you're even allowed to breathe in Blackpool without a permit these days.

 

Thats were I got my last speeding ticket. BTW I didn't pay that either:)

 

We now have Baa Baa Blue Sheep. What are they going to change your resort to.

[dw190]

Hi Bartonski,

 

Look back in this thread to posts 6 to 21, you should find the allowable sizes for yellow lines together with tolerances & references for the info given.

 

& dont forget the t bars at each end .....the line/s between the t bars must be unbroken, to the permitted size (with permitted variation/tolerance) and have the correct size t bar at each end.....most of the time it is just the t bars which do not extend far enough towards the pavement at least here on Anglesey.

 

hope it helps you,

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-wardens/23765-no-t-bar-end.html#post188533

[dw190]

Hi there

 

has anyone considered getting this book:

"UK Driving Secrets Guide 2006" ?? (Fight Speeding Ticket, Beat Driving Ticket, Cancel Parking ticket and fight traffic tickets UK driving secrets blue badge)

not plugging it at all ...but wasnt 100% convinced. I guess it would spell out what it would otherwise take a few mins/hours trawling through various websites/forums...but for £28.

 

cheers

 

You will get better advice from this forum and from PePiPoo: Helping the motorist to get justice who give it for free.

[dw190]

I have a parking ticket for parking on a single yellow. On the P.C.N. it states that the vehicle was seen at 16.44 and that the penalty charge is due within 28 days of the date of issue. However, the date of the issue, being the 12/07/2006 and the time of issue, being 16.44, is only printed on the payment receipt. Is the P.C.N. therefore invalid? p.s. many thanks

 

Yes.

 

You can safely quote Bury v McArthur.

 

The payment slip is NOT part of the PCN.

[dw190]

The parking Manager even states that "the information contained on the PCN

is fully compliant with the guidelines on Decriminalised Parking Enforcement outside London which recommends the details which should be recorded on a PCN!!

 

Mr Justice Jackson (A Respected High Court Judge seems to have a different view than the Parking Manager)

 

The Parking Manager is motivated by getting your money even it means telling a few porkies along the way.