Parking ticket?

CASPER · 22-10-2008, 19:27

Help, does anyone know whether legally a residential parking scheme should have parking bays?

I have just come out of college in Bury to find a parking ticket on my car. I knew that there was a residential parking system in operation however I did not park in a parking bay. In fact there were no lines at all on the road where I parked and I parked before the sign on the street that I parked which read Residential parking only from this point.

I am going to appeal however I could do with any advice on legal issues concerning residential parking bays. Does there have to be one?

Thanks for any help or advice you can offer.

Neil · 22-10-2008, 19:30

I hope you took some photos of where you were parked.

K-P · 22-10-2008, 19:30

Residential parking only on my street and no parking bays... Go to a lot of football grounds around the country and nearly all have residential parking for a mile or so around the ground and there anything from terraced streets to posh housing estates.. no bays

K.S.H · 22-10-2008, 19:32

don't think they have to be bays. had a similar scheme near the old hospital and they didn't have bays
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CASPER · 22-10-2008, 19:43

Thanks for clarifying that for me. maybe I don't have any grounds for appeal. I wouldn't mind but I never park outside the front of someone's house. I don't know what I can do about parking at college now. There is some parking for non-residents but by the time we get there at 2 o'clock it's all full and I don't know Bury well enough to be able to find alternative parking. It's a shame as I only have 3 more sessions before I complete my course and I can't see anyway of being able to do it other than trying to find an alternative venue.

Top tip - don't apply to go to Holy Cross College Bury as you won't be able to park.

Studio25 · 22-10-2008, 23:24

I'm no lawyer, but I'm pretty sure there needs to be a road marking, even if it's a bay, to indicate that some sort of parking restriction is in force. Otherwise, how often does a plate notifying the restriction have to be repeated in order to reasonably inform road users of the situation? I'll ask on my usual forum for legal advice, and report back...

katex · 23-10-2008, 09:47

Forwarded this to someone I know ..

Hope it helps :-

"Highway Authorities are empowered under the Road Traffic Regulation Act
1984 to make Traffic Regulation Orders (TROs) to regulate the speed,
movement and parking of vehicles and to regulate pedestrian movement. A
residents' parking zone does indeed need road markings to indicate which
parking bays are for residents only. In order for a Traffic Regulation
Order to be legal there needs to be three conditions met:
1. The road markings need to match those stated in the Traffic Signs
Roads and General Directions and be clearly visible and identifiable
2. The TRO plate (usually located on the footway fixed to a pole or
lamppost) needs to state clearly what the order is, when it applies and
needs to be positioned within 15m of the start of the TRO and at least
30m intervals (usually every lampost)
3. The legal order held in the Council offices needs to be in force and
match that on the street (which in many cases it does not)

She will need to write to Bury Council (within 14 days) and detail why
she disagrees with the ticket. She will need to clearly state the
reasons why she disagrees with the penalty. Tell her to stick to the
facts, outline a good case and don't whinge about the traffic
wardens/council/fairness of the ticket because ultimately the person who
decides whether the penalty is fair (or not) will be an independent
adjudicator with no vested interest either way - complaining just
weakens her case.

The only issue she might encounter is whether she has any supporting
evidence? The council will probably have photographic evidence of (what
they believe) to be the infringement, the relevant on-street TRO, the
road markings and the vehicle. If she was indeed parked in a location
with no road markings and the council has photos, it might strengthen
her case. Was there anyone else with her? Could she take photographs
of the location showing the lack of signs/road markings? In addition,
she is well within her rights to request further evidence from the
council (or indeed, all the evidence) that they believe proves she has
contravened the parking restriction.

Based on the information that your friend has provided, if she is
correct about where she parked and the ticket wasn't for some other
reason (other than contravening the resident parking zone restriction),
then I would say she should appeal. I would also suggest she would win.
Bear this in mind, 60% of all appealled tickets are successful but less
than 1% of all tickets are appealled! Traffic wardens aren't exactly
Grade A* students (or else they wouldn't be traffic wardens) and most
error is human. She will need to check that the ticket is definitely
for infringement of the Residents' Parking Order, it might be for
something else entirely, but if it is and there are no signs or road
markings where she parked, it sounds like the ticket has been issued
incorrectly.

The final thing is that even if the initial appeal is unsuccessful,
don't be afraid to challenge the appeal. At that stage, you are going
to be liable for the same amount so take it all the way. "

Benipete · 23-10-2008, 10:17

There need to be lines and signs they can not have one or the other.

katex · 23-10-2008, 13:30

Sorry .. a little important addition:-

"In addition to appealling in writing, tell her to pay any fines incurred
by the dates given. You still need to pay the penalty even if you
appeal. If she is successful, they will give her the money back. If
not, the fine will continue to rise!!! "

Studio25 · 23-10-2008, 14:20

Quote:

Originally Posted by katex

Sorry .. a little important addition:-

"In addition to appealling in writing, tell her to pay any fines incurred
by the dates given. You still need to pay the penalty even if you
appeal. If she is successful, they will give her the money back. If
not, the fine will continue to rise!!! "

Depends on who issued it: When I appealed a parking ticket in Manchester City Centre, the "clock" stopped as soon as the appeal was received. It would have resumed (apparently) if my appeal had been unsuccessful...

katex · 23-10-2008, 14:41

Quote:

Originally Posted by Studio25

Depends on who issued it: When I appealed a parking ticket in Manchester City Centre, the "clock" stopped as soon as the appeal was received. It would have resumed (apparently) if my appeal had been unsuccessful...

Presume the advice here is 'better safe than sorry'

K.S.H · 23-10-2008, 14:53

Contact THESE for free legal advice

CASPER · 23-10-2008, 16:04

Thanks for all the help and advice. I am going to appeal and will drive back to Bury tomorrow to take photo's. The friend who was with me agrees that we had parked about 5+ metres before the sign that said 'Residential parking from this point'. I'm quite good at writing letters of complaint so I'll let you know how I get on.

mattylad · 27-10-2008, 13:18

Also try the forums at pepipoo for more advice, they have dealt with a lot of these.T