Parked Off Road - PCN

[Badbunny]

I parked today on a small section of tarmac which exists between the highway and a car park which is set back from the highway. The highway had double yellow lines and then a curb, this small section of tarmac which was large enough to get my whole car on, then a fence on the border of the offices private car park.

 

I received a parking ticket code 01 which presumably related to the double yellows. However it is unclear who this section of tarmac belongs to as it isn't a footpath because it finishes at the entrance to the car park and an office block wall which sits flush with the highway.

 

Can they still enforce the double yellows?

[Jamberson]

In principle, yes they can. It sounds like what you refer to as the highway is in fact the carriageway. The highway encompasses the carriageway, footway and verge.

 

It's hard to picture the layout though - what's the exact location?

[Badbunny]

Because I only have a few posts I cannot post photos or links yet. The postcode for the area is PR1 8XE and if you bring it up on google maps satellite view and follow Lodge Street across Croft Street to the right. You will see a grey roof and a yellow roof industrial units between those two units is the car park. The area is at the front of that car park adjacent the yellow roofed building. You can see it as a black section set back from the main road.

[Jamberson]

Is this the spot? I don't see any yellow lines next to the place you parked. They appear to terminate at the end of the building to the right. In which case, I don't think the PCN is correctly issued.

 

[Michael Browne]

http://g.co/maps/6merz

[Badbunny]

Yes that is the spot. There are actually double yellows on the road at that location now. I took a photo but again....I cannot upload it.

[Jamberson]

If there are double yellows there, along the edge of the road, then in my view that piece of ground forms part of the highway and is subject to the lines. Therefore, the PCN is legit, unless you can uncover some technicality.

 

I think you need ten posts before you can upload. Maybe if you can get a scan of the PCN (hide the PCN number and reg number) someone will see something.

[queensclose]

Parked in a restricted street during prescribed hours. You were parked on a yellow line (single or double) or in a street where there are temporary waiting restrictions. (Contravention Code 01)

[Badbunny]

Thanks Jamberson, I fear on this occasion you are correct...but I was hoping someone with more experience than me may have something I hadn't thought about. I remembered reading a while back that parking on the pavement was a police matter and not restricted by the Council anywhere else but in London, unless the Council made changes to the TO, however on reading it again I don't think it has relevance on this case.

 

On a plus note, this will be the FIRST parking ticket I have ever paid, having successfully managed to get out of 3 so far, so 1 out of 4 aint so bad! expensive parking spot though

[Badbunny]

On the 'technicalities' I have checked the wording against the RTA and it has everything on it it's supposed to.

 

It isn't my car but my other halves, so the other possiblity is I don't pay anything and wait for him to get the NtO

[Badbunny]

Right! I have written to them anyway (and marked in my diary when the 14 days 50% discount ends so I can pay in time). Mostly because even though they ticketed me, and from what advice I have had from you guys it legit.....they didn't ticket two vans on the same road which were parked all day in a very similar situation. These vans also park there all day every day and never get ticketed, how can this be fair?I asked them why their officer thinks that the Road Traffic Act is open to his interpretation or his whims? How far do you think I can take that complaint? as the warden would have had to walk past these vans to get to my car!

[Badbunny]

Attached are the two parking areas in question

[Jamberson]

I think you could raise this as a complaint - but that's not what you've done. You've used it to argue against a PCN. It's very unlikely to result in any action, but you could still raise it separately if you wanted. They may speak to the CEO or investigate further.

 

When they get your appeal, they should put the case on hold at the discounted rate, so you would only need to make payment when (if) they reject your appeal.