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General => General => Topic started by: PaulFZ6S2 on 05 August 2016, 05:26:50 pm

Title: Parking ticket - some friendly advice required
Post by: PaulFZ6S2 on 05 August 2016, 05:26:50 pm
Hi all,

Read on here for a while but first time posting - wondering if all you lovely chaps and chapettes could give me your two pennies on a parking ticket I got on my FZ6 S2. I was parked in a bicycle rack type thing - but there were no signs saying no vehicles, no motorcycles or saying that the rack was just for bicycles. I have parked in the past in this location (outside a police station, lol) without issues. Check the photo out for where it was parked.

The ticket I got said 'parked in a restricted street during restricted hours' which is an odd one but I sent an appeal to the Staffordshire council and got back ''bicycle only bay but no signage which we appreciate, but you would have crossed double yellow lines in order to park there which is why the ticket was issued'' Is it illegal to cross double yellow lines? I thought it was only illegal to park on them. Anyway if I take this further if it fails ill have to pay the full amount rather than the reduced amount and I'm leaning toward just paying it as its one less thing to think about but an opinion from someone who knows what they are talking about would be much appreciated!!

(http://i1357.photobucket.com/albums/q757/shmallpaul/Parking%20ticket_zpspcmak5ce.jpg)




Title: Re: Parking ticket - some friendly advice required
Post by: dickturpin on 05 August 2016, 05:54:30 pm
Sorry Paul...I think you're stuffed. Double yellow lines apply to the footpath/verge so if you are being ticketed for contravention of the yellow lines no escape.😞
Title: Re: Parking ticket - some friendly advice required
Post by: BBROWN1664 on 05 August 2016, 05:58:18 pm
Paul, you wont like this but my Mrs used to be employed by the police as a proper traffic warden many years ago and you are actually parked illegally. You need to check the code on the ticket though as they may have got it wrong meaning an appeal may work.

Parking within so many feet of the yellow lines is illegal (cant remember the distance) as is parking on the pavement so they could have you on two different things.


Personally, I would shove the ticket up the wardens @rse and tell them to fec off as it is a bike in a bike space but that would be wrong  :pokefun
Title: Re: Parking ticket - some friendly advice required
Post by: PaulFZ6S2 on 05 August 2016, 07:54:50 pm
Never knew doubles extended onto verge/pavement, nevermind learn from these mistakes.. would have loved to have told him fec off if I had spotted the bastard!!  :lol
Title: Re: Parking ticket - some friendly advice required
Post by: fazersharp on 05 August 2016, 08:27:18 pm
Sorted for you fella, just show the council this
 
Title: Re: Parking ticket - some friendly advice required
Post by: Dave48 on 05 August 2016, 08:31:23 pm
So would a bicycle be in contravention of double yellow lines if parked in same place? Where are the signs advising what is/isnt permitted?
Title: Re: Parking ticket - some friendly advice required
Post by: PaulFZ6S2 on 05 August 2016, 08:58:22 pm
Quote from: fazersharp
Sorted for you fella, just show the council this

Mate had me in tears  :rollin
Title: Re: Parking ticket - some friendly advice required
Post by: dickturpin on 05 August 2016, 09:05:01 pm
So would a bicycle be in contravention of double yellow lines if parked in same place? Where are the signs advising what is/isnt permitted?




Never seen a parking ticket on a push bike!.....think you'll find that the yellow lines restrict motor vehicles.
Title: Re: Parking ticket - some friendly advice required
Post by: Tangoman on 05 August 2016, 09:07:52 pm
Might be a long shot, but the inner yellow line is broken, which I always thought meant they were not legal !!!
Title: Re: Parking ticket - some friendly advice required
Post by: Punkstig on 05 August 2016, 10:01:52 pm
Depends how far you are willing to take this- will you back down and take 50% off if they refuse to acknowledge your contesting of the ticket?
If so then pay the 50% now, if not then the argument would be the ticket is invalid as the contravention did not occur due to the vehicle being parked on the pavement, not on the street, as the pavement is a footway the correct contravention code for being parked on a pavement is 62 according to Staffordshire website
https://www.patrol-uk.info/contravention-codes-list/
They will most likely decline to accept this as all councils generally do in the hope you pay, the wording will be along the lines of 'although we believe you are in the wrong we will be very kind and allow you a further 14 days to pay at the reduced rate'
The reply to this is I'll speak to you at the parking tribunal!
Title: Re: Parking ticket - some friendly advice required
Post by: Punkstig on 05 August 2016, 10:05:40 pm
Paul, you wont like this but my Mrs used to be employed by the police as a proper traffic warden many years ago and you are actually parked illegally. You need to check the code on the ticket though as they may have got it wrong meaning an appeal may work.

Parking within so many feet of the yellow lines is illegal (cant remember the distance) as is parking on the pavement so they could have you on two different things.


Personally, I would shove the ticket up the wardens @rse and tell them to fec off as it is a bike in a bike space but that would be wrong  :pokefun
Yes and no, if he was parked on a grass verge or access road that didn't have its own yellow lines then the lines from the main road extend to the highway border, generally a fence or hedge, in this case as its on a footway he does have an argument it's the incorrect convention code as there is a specific one for parking on the pavement!
Title: Re: Parking ticket - some friendly advice required
Post by: unfazed on 05 August 2016, 10:36:53 pm

I think your friendly council has there rules mixed up for double yellow lines and double Solid White Lines  :lol

General (rule 238) of the highway codeRule 238You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see ‘Traffic signs’ (https://www.gov.uk/guidance/the-highway-code/traffic-signs) and ‘Road markings’ (https://www.gov.uk/guidance/the-highway-code/road-markings). Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs. You MUST NOT wait or park, or stop to set down and pick up passengers, on school entrance markings (see ‘Road markings’ (https://www.gov.uk/guidance/the-highway-code/road-markings)) when upright signs indicate a prohibition of stopping. 
See here also  https://www.gov.uk/guidance/the-highway-code/road-markings (https://www.gov.uk/guidance/the-highway-code/road-markings) in the section  "Along the edge of the carrigeway"

Title: Re: Parking ticket - some friendly advice required
Post by: Bretty on 05 August 2016, 11:50:59 pm
Parking on the pavement is always sketchy, unless you are clearly on someone's property, like within a boundary marked in front of a shop for example. Although everyone hates seeing bikes on the pavement.

You will never win against the council. Your best bet is to send an email or letter, apologise for your confusion, say you'll never do it again and claim some sort of financial hardship. You might just get away with it.
Title: Re: Parking ticket - some friendly advice required
Post by: JKay on 06 August 2016, 12:01:47 am
Might be a long shot, but the inner yellow line is broken, which I always thought meant they were not legal !!!

There is your get out of jail card via the council appeal process as you did not cross or were close to unbroken double yellow lines ,simples
Title: Re: Parking ticket - some friendly advice required
Post by: darrsi on 06 August 2016, 09:10:42 am
The woman had the right idea, no face shown or any I.D., and just tormented them by doing the hokey cokey on camera with the attitude of "Catch me if you can?"  :b
Title: Re: Parking ticket - some friendly advice required
Post by: locksmith on 06 August 2016, 09:30:32 am
Might be worth asking them if the owner of the A board has planning permission to leave it on the pavement.
Title: Re: Parking ticket - some friendly advice required
Post by: PaulFZ6S2 on 06 August 2016, 09:39:15 am
Thanks guys, reckon I might fight this one based on incorrect convention code and the break in the lines.. worst comes to the worst I end up oweing another £35, in which case I'm coming for you lot  :lol

Next step is to wait for the notice of owner to come through the post..

Title: Re: Parking ticket - some friendly advice required
Post by: darrsi on 06 August 2016, 11:14:50 am
My honest opinion, you're parked on a pavement, so i wouldn't even bother contesting it.
It simply ain't allowed, although depends on how tolerant the wardens are, which in big towns is pretty much zero tolerance 'cos it's a good money earner.
Pay the bill, lesson learned.


https://www.thebikeinsurer.co.uk/riding-advice-and-guides/where-can-i-park-my-motorbike/ (https://www.thebikeinsurer.co.uk/riding-advice-and-guides/where-can-i-park-my-motorbike/)


Title: Re: Parking ticket - some friendly advice required
Post by: maddog04 on 06 August 2016, 01:24:35 pm
having a right ding dong with a private parking co. at the moment.....foc them all!!!

there's no signage so do not pay, the broken yellow lines means they are illegal and cannot be enforced. You must get photo's for evidence to back your claim. Inform the council you will not be paying for the reasons stated and see where they want to take it. A few years back, someone in Manchester had something similar parking on broken yellows and it went to court..........judge said illegal lines so threw it out. The line ran from wherever it was for a few miles into the City centre making the whole line illegal (very long straight road), just a shame that any others caught didn't know about the ruling

the bastards are driving around here in unmarked white vans, parking illegally and jumping out to ticket people, or riding scooters and jumping off to do you......I have a blue badge for the Mrs but park in a standard bay when shopping to allow a disabled person nearer access. I left the Mrs in the car while I darted in for a loaf but asked the twat if I needed a ticket (knowing I didn't if a blue badge was used)........yes he said coz yer Mrs isn't getting out the car, I explained I'd be quicker and why should she have to struggle around the shop when I could get it for her, twat made me pay...scum bags the lot of them. DO NOT PAY
Title: Re: Parking ticket - some friendly advice required
Post by: Dave48 on 06 August 2016, 04:07:27 pm
They would be better employed hanging round near schools  at beginning & end of school day where the local 4 x 4 mummies park any old how across yellow zig-zag lines with arse end of cage obstructing traffic flow(whoops there must be no hint of racism here in Birmingham). They tried making one of the out of city main roads a "red route"-they still park regardless of double yellows, double reds whatever. And where are the "scooter boys"?( the traffic wardens on L plated twist & gos) Why hanging around the shopping areas where the pickings are easy and usually of my ethnicity. Yes its a mad mad world thats why I head off to Wales whenever I can to escape all this urban crap.
Title: Re: Parking ticket - some friendly advice required
Post by: dickturpin on 06 August 2016, 04:30:42 pm
You may want to read this....
http://www.appealnow.com/parking-tickets/parking-ticket-lines-signs/ (http://www.appealnow.com/parking-tickets/parking-ticket-lines-signs/)
Title: Re: Parking ticket - some friendly advice required
Post by: bike mad on 06 August 2016, 04:54:26 pm
if its a private parking company is the land you were parked on private land or council owned 2 points here if its council owned your goosed just pay it
 if its private igore every letter they send and it will go away I know as ive done it in stockport with euro car parks the robbing b*****ds tried to get £40 out of me for not displaying a ticket and when I didn't pay that it went up to £130 still didn't pay it now they have given up that was 4 years ago
Title: Re: Parking ticket - some friendly advice required
Post by: fatbloke62 on 07 August 2016, 06:19:17 am
 don't take things for granted that a parking fine will go away if you ignore it  ,we completed our house purchase 16 months ago and only this week we had a letter that I opened in error with all my other mail from a firm of bailiffs demanding final settlement on a parking fine for the previous owner / tenant of our house , the date of the offence was 2011 so after giving them a round of f~#*s on the phone they have got their tracing team on the case to find her current whereabouts with a hope of recovering the debt PLUS MORE COSTS
Title: Re: Parking ticket - some friendly advice required
Post by: lew600fazer on 07 August 2016, 07:44:51 am
Have read most of the replies to the thread.
I reckon if I were you just pay it.
1 The police may take action because you rode a motor bike on the pavement which as far as I am aware is in itself illegal.
2 What would your attitude be if that was a reserved motor cycle parking bay and a car had been parked in it, bet you would be pissed off.
Just my 2 pence worth.
Title: Re: Parking ticket - some friendly advice required
Post by: maddog04 on 07 August 2016, 10:10:58 am
Lew, you're wrong on both counts :b
1. he (may have) pushed it into the bay......check cameras
2. there is no signage to say its cycles only

plus the yellows are broken. I would be going to court if this was me and they wanted to push it that far.

in reply to the bailiffs, private parking companies have 6 years to chase you but as most if not all are an "invoice"   just ignore........council ones cannot be ignored but Paul isn't doing that here are you Paul?

Paul is writing to the council to state he aint paying for the reasons stated above!!!!!
Title: Re: Parking ticket - some friendly advice required
Post by: Punkstig on 07 August 2016, 10:26:41 am
Have read most of the replies to the thread.
I reckon if I were you just pay it.
1 The police may take action because you rode a motor bike on the pavement which as far as I am aware is in itself illegal.
2 What would your attitude be if that was a reserved motor cycle parking bay and a car had been parked in it, bet you would be pissed off.
Just my 2 pence worth.
1- how? Where's the evidence? It's right next to a drop kerb and could very easily be pushed into that position!

On a different note I don't understand the people saying don't fight the council, you won't win- they're not infallible, that's exactly why there is an adjudicator.

Also, putting it bluntly, it's only in london that you legally can't Park on the pavement, it's one of those 'must not' and 'should not' arguments against the highway code, local councils have their own PCN code for parking on the pavement but it isn't enforceable, possibly the warden knows this which is why they used the double yellow code, but being the paperwork dick I am I'd contradict my knowledge against my argument as I enjoy doing that-
feel free to actually research pavement parking! (they are in the process of trying to change it to nationwide but haven't done so yet!)
Title: Re: Parking ticket - some friendly advice required
Post by: dickturpin on 07 August 2016, 10:28:17 am
Paul, have you been back to the location? You refer to it being a restricted street....in that case the signs would be at the start of the street or the entry to the zone if more than one street is covered by the restriction.
The broken lines are the result of the utility trench but I believe most recent adjudications are not supporting occasional breaks in the lines like these....to the average motorists these are clearly double yellow lines.
You may get lucky if you fight it but I wouldn't be optimistic.

D
Title: Re: Parking ticket - some friendly advice required
Post by: maddog04 on 07 August 2016, 04:13:54 pm
the rules they have to adhere to are clear in law, yellows have to be unbroken and end in a "T" bar. ie the 2 yellows cannot just stop, they have to have a yellow line at 90 degrees across the ends of the 2 yellows. You'd pay Mr Loophole the lawyer thousands to tell you all this :lol but these are the type of things he wins on, just coz a trench has been dug and filled in doesn't negate the councils duty to repaint the yellows
Title: Re: Parking ticket - some friendly advice required
Post by: dickturpin on 07 August 2016, 05:13:24 pm
Maddog,  your information is outdated.....see below

http://www.pepipoo.com/forums/lofiversion/index.php/t105978.html (http://www.pepipoo.com/forums/lofiversion/index.php/t105978.html)

D
Title: Re: Parking ticket - some friendly advice required
Post by: lew600fazer on 07 August 2016, 11:03:07 pm
Have read most of the replies to the thread.
I reckon if I were you just pay it.
1 The police may take action because you rode a motor bike on the pavement which as far as I am aware is in itself illegal.
2 What would your attitude be if that was a reserved motor cycle parking bay and a car had been parked in it, bet you would be pissed off.
Just my 2 pence worth.
1- how? Where's the evidence? It's right next to a drop kerb and could very easily be pushed into that position!

On a different note I don't understand the people saying don't fight the council, you won't win- they're not infallible, that's exactly why there is an adjudicator.

Also, putting it bluntly, it's only in london that you legally can't Park on the pavement, it's one of those 'must not' and 'should not' arguments against the highway code, local councils have their own PCN code for parking on the pavement but it isn't enforceable, possibly the warden knows this which is why they used the double yellow code, but being the paperwork dick I am I'd contradict my knowledge against my argument as I enjoy doing that-
feel free to actually research pavement parking! (they are in the process of trying to change it to nationwide but haven't done so yet!)


So the parking on the pavement only applies to London. Best you let them know that in Leeds then. ;)
Title: Re: Parking ticket - some friendly advice required
Post by: Punkstig on 08 August 2016, 07:29:32 am
Have read most of the replies to the thread.
I reckon if I were you just pay it.
1 The police may take action because you rode a motor bike on the pavement which as far as I am aware is in itself illegal.
2 What would your attitude be if that was a reserved motor cycle parking bay and a car had been parked in it, bet you would be pissed off.
Just my 2 pence worth.
1- how? Where's the evidence? It's right next to a drop kerb and could very easily be pushed into that position!

On a different note I don't understand the people saying don't fight the council, you won't win- they're not infallible, that's exactly why there is an adjudicator.

Also, putting it bluntly, it's only in london that you legally can't Park on the pavement, it's one of those 'must not' and 'should not' arguments against the highway code, local councils have their own PCN code for parking on the pavement but it isn't enforceable, possibly the warden knows this which is why they used the double yellow code, but being the paperwork dick I am I'd contradict my knowledge against my argument as I enjoy doing that-
feel free to actually research pavement parking! (they are in the process of trying to change it to nationwide but haven't done so yet!)


So the parking on the pavement only applies to London. Best you let them know that in Leeds then. ;)
If more people took it as far as the adjudicator instead of paying a pavent contravention ticket then everyone would know- Google is your friend sir!
Title: Re: Parking ticket - some friendly advice required
Post by: lew600fazer on 08 August 2016, 08:00:51 am
Or perhaps if folk just parked up correctly one would not have to be always looking for a loop hole. :rolleyes
Title: Re: Parking ticket - some friendly advice required
Post by: Punkstig on 08 August 2016, 04:49:55 pm
How is legally allowed to park on a pavement a loophole?
Title: Re: Parking ticket - some friendly advice required
Post by: locksmith on 08 August 2016, 05:33:35 pm
My understanding is yellow lines apply to the adjacent pavement or verge as well as the roadway and you are clearly parked on the pavement!

Talk of T bars on the end of lines- The picture I'm seeing looks like the lines just turn the corner and carry on down the road (yes there is a 12" section missing from the very obvious earlier road works).

There is no signage, so I'd take it that motor vehicles are not permitted there anyway. If your argument is based on lack of signage, is it OK to drive into a shopping centre mall and park there because there are no signs stating you cannot? (mind you the automatic doors would make it difficult to get in :) )


Just thought, there is no sign saying its a parking area at all so you are on the pavement?
Title: Re: Parking ticket - some friendly advice required
Post by: PaulFZ6S2 on 08 August 2016, 06:27:54 pm
Haha what have I started!!

First of all I am not denying that I was techinically parked illegally. I havn't been riding long and I saw a bike rack with no cycle only signage and I stuck it there. This thread has helped me think a bit harder where I park next time!

However seeing as I'm a tight git, I'm trying to worm my way out of it based on break in the yellows and incorrect convention code applied.

As for the street being restricted - the road along the left of the photo is one way, doubles either side. The road joining on the right has yellows on the side im parked (obviously) and on the other side 30 minutes of free parking (I was parked a couple hours). The signs above just near where I was parked one is left turn only and the other is an restricted alcohol sign. I do believe I can get out of this one - but I am debating whether all the hard work and effort is actually worth it!!

Also thanks for everyones advice so far, agree or not where I parked I think we can all agree that we hate traffic wardens ;)
Title: Re: Parking ticket - some friendly advice required
Post by: YamFazFan on 08 August 2016, 09:27:55 pm
if that was a reserved motor cycle parking bay and a car had been parked in it


That just reminded me of this I spotted in Cambridge earlier this year.