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

why have they deleted the double yellows to allow drivers to park closer to the junction?

there must be a reason to why they were shortened by 5 meters?

Goes back to my earlier point.

I looks as though there is a traffic problem there.

so they removed the double yellows so people only park on one side of the street, whilst still retaining the yellows on the opposite side thus creating "specific parking".

It is misleading at the minimum to entice someone to park to the bar end of the double yellows, inciting you to commit the potential of an offence.

I had a 'run in' with a lady in a motorscooter thing yetserday.

I was picking up some flowers (ahhhhh!!!) and stopped on the dropped kerb, lo and behold, who should come along? Motorscooter Lady with her finger jabbing to one side saying 'move your car'!!!!

I obviously moved the car but it shows that some people DO actually use the facility. The fact that the drop kerb ran for about 45 feet didn't make any difference to her, she wanted to go straight on and would deviate!!!!  

LOL Dano.

I just gave Mrs Chortle a Card and a big smile this morning.

Allway's works for me……

I think it is misleading at the very least and I mostly agree with Chortle.

Just pointing out that I dont think you are allowed to park within 15 feet of any corner, no matter where it is or what other markings there are.

chortle said

LOL Dano.

I just gave Mrs Chortle a Card and a big smile this morning.

Allway's works for me……

yeah , but the flowers were for A5OPY, and he is very hard to please  


@ litlekris, yes there is some paint scrubbed out. not sure if they are d yellows or not, but it certainly is confusing

letter of appeal going into tomorrow and its been really useful having all these opinions, cheers guys

PNERivage said

yeah , but the flowers were for A5OPY, and he is very hard to please  

You have no idea!!!  :mrgreen:

I had a ticket for nearly the exact same, said it was a dropped curb, it didn't have a curb for well over 500 yards!! I contested it and I got away with it good luck.
Adam

are you allowed to park there if you have a disabled badge ?

jayjay31 said

are you allowed to park there if you have a disabled badge ?

Tonys not disabled hes just old! :wink:  :wheelchair:  :lmao:

Dano said

PNERivage said

yeah , but the flowers were for A5OPY, and he is very hard to please  

You have no idea!!!  :mrgreen:

Errrr im easy to please ask the Mrs, cheers for the flowers Dan they look very nice on the sideboard.

Yossarian said

Just pointing out that I dont think you are allowed to park within 15 feet of any corner, no matter where it is or what other markings there are.

Legally they can nick you for that, as pasted below from Highway Codebut in reality you'd be vERY unlucky (certainly in urban areas) to have that enforced upon you..

As the OP's ticket states the offence is a drop-kerb one, that's what their appeal is based on - they can't then turn round and change the offence code.

243

DO NOT stop or park

    near a school entrance
    anywhere you would prevent access for Emergency Services
    at or near a bus or tram stop or taxi rank
    on the approach to a level crossing or tramway crossing
    opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
    near the brow of a hill or hump bridge
    opposite a traffic island or (if this would cause an obstruction) another parked vehicle
    where you would force other traffic to enter a tram lane
    where the kerb has been lowered to help wheelchair users and powered mobility vehicles
    in front of an entrance to a property
    on a bend
    where you would obstruct cyclists' use of cycle facilities

except when forced to do so by stationary traffic.

appeal has gone in,

images of 2 victims from this week monday and today(both fiestas). no victim yesterday as a car was parked right up to the edge of the dropped kerb not leaving enough room to squeeze in before the double yellows..  must have ruined the wardens day

Beware appealing too early. It might be that they 'did you' for parking over a dropped kerb, when in fact the offence commited was parking too near the junction. Yes, dropped kerbs are installed at the end of the roadway so they're effectively one and the same, but in the black and white eyes of the law, if they try to get you for dropped kerb then if you are able to prove you didn't park across it (because the dropped kerb isn't within required specification etc) then you could get off.

But they might then try to do you for parking near the junction, all they have to do is notify you in the correct way. I don't know if this means the ticket has to be written out there & then, or whether they can do it eg 2 weeks after like speeding offence NIP, etc.

PNERivage said

 the dropped kerb

PS its interesting that the 2 recent pics show the dropped kerb a bit more clearly (I went back and looked at the original 3 pics on the original post, they are taken from such an angle that either your car blocks the view or the drop of the kerb is disguised) and that you refer to a 'dropped kerb'. Are you yourself confident of an appeal based on it not being a dropped kerb area?

thanks paul, the ticket clearly states contravention 27 that is 'dropped kerb', and for looking at 'plurkers' appeal it looks like they have to pursue what they put on the ticket..

Will wait and see what happens..  i expect it will be initially refused

I initially didn't even follow plurker's link because I'd assumed it was a different road. I've now looked at it - I was right - the road/junction was a different one, and the kerb in his appeal remains a constant height.

All pics excelt one (so far) are, for various reasons, unconvincing. They neither clearly show there IS a dropped kerb, nor that there ISN'T a dropped kerb there.

The pic with the blue Fiesta shows a dropped kerb (of sorts), and also (although its again obscured by the car) the angled paving stone which appears to form a dropped kerb on the other side of the road too.

It might be deemed reasonable that due to various factors like the unevenness of the road, the shallowness of the pavement, etc that the area is, or does the same job as, a dropped kerb. Eg they might have come to install a proper dropped kerb many years ago but because it was almost level anyway (relatively speaking - after all that road's pretty steep and uneven!) that it was not worth the council spending money installing new kerbstones etc etc.

So I think you might have it based on the dropped kerb not being "specifically, intentionally and obviously "lowered" for pedestrian, wheelchair or vehicular access" but whether the appeals people also share the same view, is a different matter!

I guess you have no way of knowing if other appeals for whether its a dropped kerb or not have been put in, and their success/failure.

If the appeal failed and you had the option to go to Magistrates court, would you go there and fight the claim?

paul_c said

So I think you might have it based on the dropped kerb not being "specifically, intentionally and obviously "lowered" for pedestrian, wheelchair or vehicular access" but whether the appeals people also share the same view, is a different matter!

That is the angle within my appeal (using some good stuff chortle found - Code of Practice on Access and mobility sec  5.4)

paul_c said

If the appeal failed and you had the option to go to Magistrates court, would you go there and fight the claim?

mmmm, dont really know about that one, Guess will have to look at it from a worst case scenerio and costs etc..  I will cross that bridge when i come to it  :?

paul_c said

PNERivage said

 the dropped kerb

PS its interesting that the 2 recent pics show the dropped kerb a bit more clearly (I went back and looked at the original 3 pics on the original post, they are taken from such an angle that either your car blocks the view or the drop of the kerb is disguised) and that you refer to a 'dropped kerb'. Are you yourself confident of an appeal based on it not being a dropped kerb area?

sorry hadnt seen this post, must have gone up while i was typing, hopefully answered in my last post (and here's the link to thespec i was on about http://www.accesscode.info/external/5_4a.htm)

Interesting link, a few comments:

1. Its not a council or government specification, it is 'guidance'.

2. They use the word SHOULD in this sentence:

The H marking should be applied to all dropped crossings to indicate to motorists that there is a crossing present and not to park there.

If they'd used the word MUST instead of SHOULD, it would be different! But the nail in the coffin is that its guidance, not law.

I did a little research and looked up the law, here it is:

(1)In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where– .
(a)the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of– .
(i)assisting pedestrians crossing the carriageway, .
(ii)assisting cyclists entering or leaving the carriageway, or .
(iii)assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or .
(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.

From http://www.legislation.gov.uk/ukpga/2004/18/section/86

Legally, the dropped kerb only has to be (reasonably) level with the road (or vice versa, which might be more suitable in this instance), it doesn't need to be marked with the H, etc etc

Anyway, worth the appeal, they might analyse unsuccessful appeals and it raise awareness there's an issue, and paint the H onto the road to help motorists. But don't hold your hopes up on that one - steady income from parking fines (£££ income) vs sending workmen out to paint a line (£££ expenditure). They're more likely to analyse successful appeals than failed ones - I bet they get a lot of them.