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8th October 2013, 16:02 | #31 |
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All too late now, as you have paid but you should have at least given us more info on the alleged contravention.
The council will ALWAYS reject your appeal, remember that in the first instance your appeal is an informal one, if this is rejected then you need to wait for the notice to owner to arrive through your letter box. Once the NTO is received then you submit a formal appeal.......... which the council will reject (99% of the time). Then its PATAS for an independent appeal, if your appeal is a just one, this is where the ticket gets dismissed.
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8th October 2013, 16:03 | #32 |
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Generaly a white line only denotes the edge of the carriage way not any parking restrictions un less it is a Clearway
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8th October 2013, 16:18 | #33 |
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I was waiting for the OP to reply but im pretty sure that I know the reason for issue - Code 62, parking with one or more wheels on a footpath or any part of a road other than the carriageway.
A parking restriction is not limited to the tarmac carriageway itself but incorporates the width of the public highway from the centre of the carriageway to the building line of property or adjacent land. "Road" is defined in the Road Traffic Regulation Act 1984 as "... any length of highway or of any other road to which the public has access...". While the Act does not define "Highway", at common law it is a way over which all members of the public have a right to pass and re-pass and therefore includes a footpath over which the public right of passage is on foot. A quick look at the picture gives me the impression that this is an enforceable ticket...... to a point. This would have to be decided by PATAS as there would be no way on god's earth that the council would reject. Without seeing the enforcement notice I cant really advise but your grounds of appeal could be varied, such as arguing where does the 'road' end and the 'footpath' begin, my weapon of choice would be the ticket is to vague by way of location (unless there is something like "opposite number 44 anytown lane" but I find that unlikely).
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8th October 2013, 17:25 | #34 |
I really should get out more.......
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Outside London there would need to be a TRO, and signs where it is prohibited, there don't appear to be any signs in the OP's photo.
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8th October 2013, 17:33 | #35 | |
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8th October 2013, 18:39 | #36 |
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what was the parking offence? what ever it was seems very strange place to get a ticket
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8th October 2013, 18:51 | #37 |
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parking
That happened to me a few years back in Northampton,i was visiting the reptile shop. I was parked near a football playing field.No yellow lines that I could see---so they must still be short of a few bob!
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8th October 2013, 19:28 | #38 | |
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Sadly this is a common misconception which is dropping plenty of people in hot water lately. There are a number of acts and regulations which could be used as a 'reason' to issue a PCN, (note reason - doesn't mean enforceable) A couple of examples: 1835 Highways Act Section 72 is still in force today, ( e.g. cycling on pavements is covered in this act) this prohibits driving on a footpath/pavement etc (we are Yet to define the parked area as a footpath). The Road Traffic Act 1988 Section 22. says that it is an offence a vehicle to remain at rest on a road in such a position or in such condition or in such circumstances as to involve a danger of injury to other persons using the road (this would require argument of a wheelchair user being able to safely pass on the side of the car nearest the road. We really need the PCN, a link on google maps to the exact location would help too.
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8th October 2013, 20:24 | #39 | |
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9th October 2013, 16:39 | #40 |
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Parking Charge Notice
I have caught several members parked up on this site and fine you $40 each. All payment can made to my account number 123456789 Well it was worth a try sorry I can't find pound sterling sign on this PC |
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