Appealing A Parking Fine

[mandimoo]

I honestly believe that I was unfairly ticketed. I parked in an area where there was no signage indicating parking restrictions (I looked very carefully) and double yellow lines had been painted over.

I've made an informal appeal which has been turned down so now I have to submit my formal appeal.

Council argue that as there are signs on the approach to city centre, to the effect that parking is in signed bays only, is sufficient. This has only become the case in the last couple of months, a fact of which I was unaware (are we just supposed to assimilate this knowlege by osmosis?!?)

As I know where I'm going in this city, I'm not looking at road signs. When I reached my destination, I checked for parking restrictions and found none. Is this unreasonable?

In any case, Im sure there is a law stating WHERE parking restriction signage must be located and I would like to quote this in my appeal.

Can anyone help me?

[New Judge]

I think you will find (thoug.h I have not checked) that warning signs at the border of areas with blanket parking restrictions are quite lawful. There are a number of them in towns near to me. Page 14 of this document may help you find the info you require:

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@motor/documents/digitalasset/dg_191927.pdf

I don't think it's a good idea to suggest that as you know your way around you were not looking at road signs. A careful and competent driver is supposed to observe all road signs and the fact that there were signs which were either new to you or which you had not noticed before simply reinforces that fact. Supposing a new 20mph speed limit had been introduced? Would you argue that since you were familiar with the area you were not paying attention to the signs and so should not be convicted of speeding? If you did you may also face a charge of careless driving.

I wish you well with your appeal, but I fear you are on a loser.

[sunny-dave]

Coventry has just done this - it's all legal apparently and you have no chance of an appeal unless you can prove that there is a route into the 'controlled area' which hasn't been signed properly.

[tamborine]

"...not looking at roadsigns..." is not a good defence. Your challenge may cost huge fine and extra points

[mandimoo]

new judge - thank you, i'll take a look at that doc

sunny-dave - lol, thats where I am

tambourine - message received and duly noted!

[ojread2]

We have issues with a new bus terminal near to where I live
There are signs at the entrance at both ends saying buses only
There are signs on the road a few 100 yards away saying access restricted buses only XX yards ahead and still people drive through
There has been much press about the signage not being in the right place and/or in big enough letters
These sings are the same size of the usual road signs and the council have rightfully defended the signs and the tickets still stand
You know the signs are there, whether or not you read them results in what has happened to you

[Buenchico]

Controlled Parking Zones operate in a way which is roughly analogous to 30mph zones.

i.e. when you see a 30mph sign you're expected to remember that the speed restriction remains in force until you see another sign telling you that you're leaving the 30mph zone. There are no reminders of the speed limit within the actual zone.

Similarly, when you see one of these
http://3.bp.blogspot.com/_HZQxJhz5ZzA/S-atoERq8wI/AAAAAAAAB2c/P9hZ4nutzwk/s1600/663+pic.JPG
you're expected to remember that it remains in force until you see one of these
http://www.plymouth.gov.uk/parking-zoneends.jpg
(with no reminders within the zone).

Controlled Parking Zones have been around for decades, so they're hardly a new idea!

[Peter Pedant]

When they did something like this in Manc - the ticket fella said,
Read the Highway code,

so I got a new copy and indeed there it was somewhere near the last page.

AND the HC puts in the s of the RTA that it is based on.

and Good Luck !

[feebletoe1492]

I hate parking officials and last year was issued with three tickets...i contested everyone and got off with the lot. the trick is persistence , dont give up. last year for instance I parked in a loading bay just to find a ticket when I came out of the launderette i was in. I contested it under the grounds I was loading and unloading my laundry..of course the council rejected it saying I wasnt visible . I appealed of course saying this was unfair and just because i wasnt seen didnt mean anything as to the fact the gestapo officer was only watching my car for 20 minutes...they rejected it saying I couldnt prove it..I countered that accusation by saying you couldnt prove I wasnt. (as you can imagine I wasnt going to go away). Again they rejected it. I managed to find out that in manchester there is a appeals procedure which oversees all appeals and contacted them foe a hearing. I didnt care if I lived in portsmouth and it was £35 it was now a principle. so I researched something on a highways agency website, i found out that there is a highway agency 2002 act which stated that if sineage is unclear then it contravens the act. Where I was caught in the loading bay the only thing the sign said was LOADING BAY ONLY.. HRS 9AM - 5PM. nothing else... I contacted the manchester appeals board sent them some photos.. within 2 days the local council dropped the case .under the law that the signage was inadequate highway act 2002.... hope this helps

[boxtops]

That's extraordinary, feebletoe. You were parked in a loading bay.

[ummmm]

Tambo....extra points for what?

Mandi...will the fine be any worse if you appeal again? I don't think so...

ps...you don't get points for parking tickets.

[ummmm]

Boxy...I got a ticket for parking in a loading bay. My story was true though. The council waivered it.

[Khandro]

I agree completely with feebletoe1492. If you feel you have been treated unfairly don't give up, keeping writing back time after time and telling them why you think so. It's obviously not a clear-cut case and as long as you are corresponding, you are not ignoring them and the 'case' is still open. I believed I was similarly treated by Westminster Council and after six letters they backed down.

[feebletoe1492]

never give up and dont be fobbed off..remember yes i was in a loading bay...but my argument was that i was loading and unloading!!!! my laundry .

[factor-fiction]

I think you were fortunate there, feebletoe- that's not my idea of loading/unloading. I wonder if I could park in a loading bay all day, go to work, and then say I was unloading and reloading my briefcase?

[Ellipsis]

> Council argue that as there are signs on the approach to city centre, to the effect that parking is in signed bays only, is sufficient.

I'm surprised by that, as you may have only started driving the car once you were in the city centre (e.g. returned to a car that somebody else had parked). I would definitely contest this.