Is this valid, Can i be booked |
Is this valid, Can i be booked |
Tue, 8 Aug 2006 - 14:38
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#1
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Member Group: Members Posts: 898 Joined: 8 Aug 2006 Member No.: 7,035 |
I parked outside a supermarket the other day, in a restricted time zone, thinking that the time it had to be moved was 5, but when i came out, i had a ticket.
Looking at where i parked, there is no time signs within the actual bay, only past the end, on yellow lines (see diagram below) Do i have a case, or do i need to stump up the money? |
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Tue, 8 Aug 2006 - 14:38
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Tue, 8 Aug 2006 - 15:06
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#2
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Member Group: Members Posts: 898 Joined: 8 Aug 2006 Member No.: 7,035 |
Looking at the ticket, and other topics on this site, i only have one date, which goes as follows
QUOTE was seen in:
Alcester Rd, Moseley on: 4/8/06 at 16:44 (date of issue) by Parking Attendant(number): BM668 |
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Tue, 8 Aug 2006 - 15:36
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#3
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Member Group: Members Posts: 267 Joined: 20 Jul 2006 Member No.: 6,739 |
With any luck before the discounted deadline is up we will have the full decision of Justice "Action" Jackson to quote chapter & verse.
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Tue, 8 Aug 2006 - 23:20
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#4
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Member Group: Members Posts: 2,167 Joined: 5 Aug 2006 Member No.: 6,999 |
Exactly what did the signs on the yellows say ? Unless they had arrows pointing to the bay, they do not apply to it as they are on the lines, not the bay. In the absence of any other signage - e.g. zone signs then there would appear not to be any signage related to the bay, hence nothing enforceable.
As regards dates, "seen on xxxxx (date of issue)" would imply that the quoted date was both the date of issue and the offence, therefore both have effectively been quoted. |
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Wed, 9 Aug 2006 - 09:26
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#5
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Member Group: Members Posts: 6,783 Joined: 6 Jul 2006 Member No.: 6,518 |
this is a council ticket rather than private ?
the one date makes it invalid - see various threads the parking bay must be signed with its restrictions optherwise it is not enforecable - no contravention Since the road markings are not in conformity with the regulations then there can have been no contravention. This is clear form the court decisions of MacLeod v Hamilton (1965) S.L.T 305 and the PATAS Adjudicator decision in Cooper v Richmond (as reported on 18/07/00). In addition the missing and defective signs mean that signs are not laid out in a clear and reasonable manner. It is clear from the decision of the PATAS Adjudicator in Bladon v Westminster as reported on 31/07/98 that even conforming signs can be laid out in a manner that does not give fair and reasonable notice to drivers of the parking restrictions. |
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Wed, 9 Aug 2006 - 12:35
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#6
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Member Group: Members Posts: 898 Joined: 8 Aug 2006 Member No.: 7,035 |
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Thu, 10 Aug 2006 - 16:43
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#7
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Member Group: Members Posts: 1,119 Joined: 21 Jun 2005 From: Poole, Dorset Member No.: 3,211 |
If you have a Penalty Charge Notice with only one date then it isn't a Penalty Charge Notice, or so I understand it.
The correctness of the lines & signs can get quite complex so photographs are good. This post has been edited by Ziltro: Thu, 10 Aug 2006 - 16:43 -------------------- Andrew.
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Thu, 10 Aug 2006 - 17:27
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#8
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Member Group: Members Posts: 992 Joined: 13 Jan 2006 Member No.: 4,608 |
Exactly what did the signs on the yellows say ? Unless they had arrows pointing to the bay, they do not apply to it as they are on the lines, not the bay. In the absence of any other signage - e.g. zone signs then there would appear not to be any signage related to the bay, hence nothing enforceable. As regards dates, "seen on xxxxx (date of issue)" would imply that the quoted date was both the date of issue and the offence, therefore both have effectively been quoted. This is incorrect. The date of issue and date of contravention must be on the ticket separately and not assume that the date seen is date of contravention or date of issue. There needs to be two dates - even if they are the same. Rgds Zapata |
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