Grrrr. Got a parking Ticket.. can you see why?

I will report back how i go on with the appeal, thanks everyone

there was an item in my local news the other day when a motorist got a parking ticket while waiting to turn right! we have a smart car with a camera on the top that takes pictures and then issues tickets there have been so many complaints about it, not least for the fact its often seen parked on double yellow lines waiting!

I see your point racer, but has the Issuing Authourity actually and puposefully raised the road level to  meet with the rquirements and for the purpose of the act?


The pictures suggests reinstatement works have only raised partial a small area to allow pedestrians better use, but the area is unsuitable because of the drain issue and this has only occured by default.

So therefore:

(b)the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.

would not apply.

furthermore:

http://www.appealnow.com/parking-tickets/dropped-kerbs/

Parking Tickets and Dropped Kerbs

In London it is a contravention to park in front of a dropped kerb and no warning signs are required.

Outside London signs are required.

Not sure what legislation they state for outside London though.

also:

This is subject to the following exceptions.

(2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A "designated parking place" means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

So could you interpret the fact that He is not on double yellow lines and beyond them in this case he has met with the requirements as in picture 3 you can see that the opposite side of the road has yellow lines marked and it looks like they have been removed on the other side to suggest there is a parking issue. To resolve this they have made a concious effort to provide "specific" area to allow parking to prevent the road from being double parked by the removal of the restictions on that side?

All arguable I know….

thanks again, there will be cutting and pasting into my appeal :-)

some more pics , showing the workmanship of dropping the kerb , plus todays victim, taken by a friend out at lunch

this is a money spinner

as your blocking the "dropped kerb" then i think someone should cross using thier crutches, get cruthces stuck in drain and fall head first onto road, there's your claim into the council

im not saying i would do it, but someone if going to eventually.

They must be making a mint if they are preying on people at that spot everyday, and imagine how many other simmilar spots there are in local area to that, parking ticket gold mine !

they are doing it every day..  I dont go that way if i go out at lunch but other people do and have said its been going on a while

I have tried to find other similar spots but either double yellows cover the dropped kerb or the is a white H infront of the dropped kerb

So

Do they have to put the H on the dropped pavement road area or not?

If they are required to do so and have not complied, surley the penalty is unenforcable.

racer said

there was an item in my local news the other day when a motorist got a parking ticket while waiting to turn right! we have a smart car with a camera on the top that takes pictures and then issues tickets there have been so many complaints about it, not least for the fact its often seen parked on double yellow lines waiting!

Unless councils set up indications warning motorists that the spy vehicles are in vicinity, the tickets are invalid, a tribunal ruled. Councils are using the vehicles to focus on illegal car parking, removing the need forparking attendants to put a ticket on a windscreen. Instead, drivers who park illegally have their car photographed and receive their fine via the post. The ruling came after Rachel Johnson obtained 3 £60 fines as based on pictures taken by the 'spy camera'.

Miss Johnson, 34, who runs an off licence in New Brighton, Merseyside, told how she challenged Wirral Borough Council use of the car.

Miss Johnson decided to appeal her situation to the Traffic Penalty Tribunal. The tribunal ruled the tickets had been invalid because of the lack of indicators or signs warning motorists that they may be photographed.

The ruling could open the floodgates for 1,000's of other appeals from motorists across the UK. The periscope-mounted camera cars were first trialled in London in early 2007 prior to being rolled out across the United Kingdom. It's estimated much more than 30 councils now use the spy cars.

    you will never guess where i live?

http://www.wirralglobe.co.uk/news/9494754.Wirral_motorist_s_shock_after_he_receives_parking_fine_while_driving/


back to the original post i think with the amount of forums around you should ask around wheather you have a case for appealing.  http://www.pepipoo.com/ is a really good website, as motorists we should all stand up for our rights and not let the police and councils see us as just punters to be ripped off. yes 60 past a school in the week at 4pm throw the book at you but petty parking offences and the like should be contested if the council issuing the ticket cant even get the road markings right. if you belive you are innocent then contest it. there was no footway markings to suggest it was a crossing and it wasnt an obvious crossing.

Loos like the kirbs dropped rather than a dropped kirb!

Blame the construction company!

A joke if you ask me! I feel for you.

the drain looks like it has been filled in

the drop kerb looks like it runs front you front bumper to the middle of the sill

personally i wouldn't appeal i tried and failed a few times, one of my appeals was a drop kerb and fail

On the contrary, I'd appeal that for sure.  A drop kerb has to be a "clear and defined area" where the kerb is lowered to the exact level of the road.  That kerb is all over the place…

I appealed a drop-kerb successfully, story here if it helps:  

http://www.consumeractiongroup.co.uk/forum/showthread.php?168874-dropped-footway-PCN-any-pointers&highlight=passtheport

Just be clear, confident and don't let them fob you off with the 'if you don't win it'll cost you more' line…

(PS - apologies for driving a Renault - it was a hire van  :roll: )

thats a very poor "dropped" kerb.

poor pavement and poor road.

Just 'google mapped it '' sad a !, Mx5 with no ticket  :?  

I personnelly think this is BANG out of order, and someone is getting his 'ticket score' up on his rounds.. :2guns:

cheers plurker, very useful that is,

and Daz yeah your right it is bang out of order, they never used to ticket people there ..  must be a new guy or new directive, there was a fiesta ticketed today..  basically they are getting someone every day.  gonna send my appeal in soon.

PNERivage said

cheers plurker, very useful that is,

and Daz yeah your right it is bang out of order, they never used to ticket people there ..  must be a new guy or new directive, there was a fiesta ticketed today..  basically they are getting someone every day.  gonna send my appeal in soon.

Take a photo every day, then do a short film and put it on youtube    ££ !! Or even film them doing it  :whiteflag:  :wink:

im thinking of getting a massive sign made warning folks not to park with some pics of cars with tickets that should cheese the ticket Hitler right off

I think that the fact the is no clear indication that you can't park there and how they are ticketing someone everyday is a clear sign it is a money spinner, and bang out of order!
How much was your fine? Lets say 30? Lets say they get 4 cars a day, 6 days a week, 720 quid on a good week maybe?
I'm really interested to know the outcome of your appeal, I think you have a lot of grounds to appeal on.

Good luck, stick it to the man!

Unfortunate

It probably is a money spinner however dropped kerb or not you are blocking the pedestrian route down the street and across the road so if it isnt a drop kerb - it should be.

You also might run into difficutlies as I believe you are not supposed to park within 15 feet of a corner (probably for several reasons including to ensure larger vehicles can get around corners and so you dont block the pedestrians crossing the road).

The way I see it, if you shouldn't park there, it should be signed or lined or give some indication that you shouldn't park there. Why run the yellow lines to a stop only to say you can't park where they are not anyway?
It seems misleading and unfair in my view