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FightBack Forums _ The Flame Pit _ wheel just on the yellows

Posted by: AJAJ Mon, 16 Apr 2018 - 15:34
Post #1374821

I just spotted a warden ticketing a car in our High Street for having the front NS wheel 30cm on the end of yellow lines. Is this something that could be contested do you think as it seems harsh particularly as cars parked in the nearby loading bay were ignored[attachment=54823:IMG_0791.JPG]?

 

Posted by: stamfordman Mon, 16 Apr 2018 - 15:46
Post #1374825

That's a good deal over. Also, is that a dropped kerb.

This belongs in the flame pit section.

Posted by: AJAJ Mon, 16 Apr 2018 - 15:49
Post #1374827

QUOTE (stamfordman @ Mon, 16 Apr 2018 - 16:46) *
That's a good deal over. Also, is that a dropped kerb.

This belongs in the flame pit section.



No it's not a dropped kerb.

Posted by: Neil B Mon, 16 Apr 2018 - 16:39
Post #1374837

Maybe you should edit the title to 'part of car 'just' not on DYs'

QUOTE (AJAJ @ Mon, 16 Apr 2018 - 16:34) *
cars parked in the nearby loading bay were ignored

How do you know?

Posted by: AJAJ Mon, 16 Apr 2018 - 16:50
Post #1374843

[/quote]
How do you know?
[/quote]

I have a good view from my office window

Posted by: hcandersen Mon, 16 Apr 2018 - 16:57
Post #1374844

Red herring, no point going there.

The car was on the line by a significant amount, no chance at adjudication. And if your argument in your defence is how dare the authority penalise me when they were derelict in their duty regarding the other vehicles, then this is NOT a defence and would be unlikely to warm them to the idea of exercising discretion.

Barring a procedural knight charging to your rescue, then paying the discount looks attractive.

Posted by: AJAJ Mon, 16 Apr 2018 - 17:58
Post #1374857

QUOTE (hcandersen @ Mon, 16 Apr 2018 - 17:57) *
Red herring, no point going there.

The car was on the line by a significant amount, no chance at adjudication. And if your argument in your defence is how dare the authority penalise me when they were derelict in their duty regarding the other vehicles, then this is NOT a defence and would be unlikely to warm them to the idea of exercising discretion.

Barring a procedural knight charging to your rescue, then paying the discount looks attractive.


I wasn't me who was booked, I was an observer or the over zealous warden

Posted by: 666 Mon, 16 Apr 2018 - 18:58
Post #1374861

The car was at least a metre over the lines. The position of the wheel is irrelevant.

Posted by: KH_ Mon, 16 Apr 2018 - 19:01
Post #1374862

Is it also not just the wheels but any part of the car?
If so then the additional 'distance' of the car beyond the wheels are taken into account.

Posted by: peterguk Mon, 16 Apr 2018 - 21:30
Post #1374895

QUOTE (AJAJ @ Mon, 16 Apr 2018 - 18:58) *
I was an observer of the over zealous warden doing his job.


FTFY.

Posted by: The Rookie Tue, 17 Apr 2018 - 05:41
Post #1374920

No part of the car should overhang the yellow (OK that assumes it matches the relevant order), many authorities use the wheel to give a bit of leeway (much like ACPO guidelines - unless its a long overhang) but they don't have to, now you are asking for more leeway as its only just over the leeway some already allow, where would it stop? Back bumper off the yellows and you're OK?

Stupid and/or rubbish parking, CEO (warden?) doing his job, not at all noteworthy. If I was the driver/owner I certainly wouldn't be contesting it on that basis!

Posted by: Lodesman Tue, 17 Apr 2018 - 07:29
Post #1374934

An 'ab absurdo' example of the wheel/overhang discussion could be illustrated by someone parking a car and caravan with the caravan wheel on the correct side of the double yellows but leaving 3 metres overhanging outside the double yellows.

Posted by: Mat_Shamus Tue, 17 Apr 2018 - 08:00
Post #1374940

I wouldn't park my car like that and not expect to get a ticket.

Posted by: notmeatloaf Wed, 18 Apr 2018 - 11:34
Post #1375316

Around here they seem to allow some overhang but as soon as it gets to a wheel on the line they will ticket. It seems like a fair compromise.

Posted by: PASTMYBEST Wed, 18 Apr 2018 - 11:55
Post #1375324

QUOTE (notmeatloaf @ Wed, 18 Apr 2018 - 12:34) *
Around here they seem to allow some overhang but as soon as it gets to a wheel on the line they will ticket. It seems like a fair compromise.



page 54 (a) of CEO handbook

a) Vehicle overhang
A CEO should only issue a PCN if the vehicle is parked incorrectly to the extent that at least one wheel is wholly in contravention, for example a wheel being wholly outside the parking bay or wholly on a yellow line. If all of the wheels are within the confines of the bay but the vehicle is large and overhangs the bay to such an extent that it causes an obstruction equal to a normally-sized vehicle with one wheel wholly in contravention, then a PCN can also be issued. CEOs must use their judgement on this, and record any evidence (especially photographic) that proves the contravention.


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