Question on legality of what TW told me |
Question on legality of what TW told me |
Tue, 12 Jun 2018 - 12:38
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#1
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
Hi guys
Yesterday i parked outside a shop for a few seconds on double yellows and as i came out of the shop the TW was writing me a ticket, i said im going but she obviously wanted to give me the ticket so she took a pic and quickly carried on filling her form in. If she was decent she could have sene the car was running and i was a few yards away - only for a minute maximum but she didnt care. I started to drive off and she said " if you dont let me give you this notice, you wont be able to appeal" i said i dont believe you and drove off My question is - is that true what she said and where could i check if its true or not? Im expecting a fine coming soon and want to know about this point before i write back thanks for any help |
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Tue, 12 Jun 2018 - 12:38
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Mon, 25 Jun 2018 - 07:46
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#21
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
Here's the GSV:-
https://www.google.co.uk/maps/place/Market+...33;4d-1.2636336 This is not a taxi rank IMO it is a DYL restriction with an exemption so we must question the contravention given (a Code 45). The road marking which designates a bay for taxis at all times is a broad yellow line (Diagram 1028.5):- http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made Other views needed, but I would say the bay has to be properly marked as a taxi bay for this contravention to be enforceable. Mick This post has been edited by Mad Mick V: Mon, 25 Jun 2018 - 07:53 |
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Mon, 25 Jun 2018 - 10:08
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#22
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Here's the GSV:- https://www.google.co.uk/maps/place/Market+...33;4d-1.2636336 This is not a taxi rank IMO it is a DYL restriction with an exemption so we must question the contravention given (a Code 45). The road marking which designates a bay for taxis at all times is a broad yellow line (Diagram 1028.5):- http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made Other views needed, but I would say the bay has to be properly marked as a taxi bay for this contravention to be enforceable. Mick Not sure mick see chapter 6.14 https://assets.publishing.service.gov.uk/go...-chapter-03.pdf -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 25 Jun 2018 - 10:48
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#23
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Member Group: Members Posts: 1,860 Joined: 12 May 2012 Member No.: 54,871 |
Here's the GSV:- https://www.google.co.uk/maps/place/Market+...33;4d-1.2636336 This is not a taxi rank IMO it is a DYL restriction with an exemption so we must question the contravention given (a Code 45). The road marking which designates a bay for taxis at all times is a broad yellow line (Diagram 1028.5):- http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made Other views needed, but I would say the bay has to be properly marked as a taxi bay for this contravention to be enforceable. Mick Not sure mick see chapter 6.14 https://assets.publishing.service.gov.uk/go...-chapter-03.pdf See what you mean PMB - we need an up to date image of the bay/sign as GSV is 7 years old - OP can you oblige? This post has been edited by DastardlyDick: Mon, 25 Jun 2018 - 10:49 |
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Mon, 25 Jun 2018 - 11:35
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#24
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
Here's the GSV:- https://www.google.co.uk/maps/place/Market+...33;4d-1.2636336 This is not a taxi rank IMO it is a DYL restriction with an exemption so we must question the contravention given (a Code 45). The road marking which designates a bay for taxis at all times is a broad yellow line (Diagram 1028.5):- http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made Other views needed, but I would say the bay has to be properly marked as a taxi bay for this contravention to be enforceable. Mick Not sure mick see chapter 6.14 https://assets.publishing.service.gov.uk/go...-chapter-03.pdf See what you mean PMB - we need an up to date image of the bay/sign as GSV is 7 years old - OP can you oblige? Thanks for that PMB but surely that relates to a limited waiting sign for taxis during specified hours. Where the bay can be used by taxis at all hours the following applies--no? Where the taxi rank operates at all times, the appropriate sign is diagram 650.2, with the time period omitted. In this case, no yellow lines are used within the bay marking. Mick |
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Mon, 25 Jun 2018 - 12:07
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#25
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Here's the GSV:- https://www.google.co.uk/maps/place/Market+...33;4d-1.2636336 This is not a taxi rank IMO it is a DYL restriction with an exemption so we must question the contravention given (a Code 45). The road marking which designates a bay for taxis at all times is a broad yellow line (Diagram 1028.5):- http://www.legislation.gov.uk/uksi/2016/362/schedule/7/made Other views needed, but I would say the bay has to be properly marked as a taxi bay for this contravention to be enforceable. Mick Not sure mick see chapter 6.14 https://assets.publishing.service.gov.uk/go...-chapter-03.pdf See what you mean PMB - we need an up to date image of the bay/sign as GSV is 7 years old - OP can you oblige? Thanks for that PMB but surely that relates to a limited waiting sign for taxis during specified hours. Where the bay can be used by taxis at all hours the following applies--no? Where the taxi rank operates at all times, the appropriate sign is diagram 650.2, with the time period omitted. In this case, no yellow lines are used within the bay marking. Mick I think they can use the combination(see second on the right page 46 of manual) But on reflection, this still does not create a taxi rank The DYL creates the restriction the bay and sign make an exemption to that restriction, but any contravention is still against the DYL. Sure we've argued this in London with mixed results -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 25 Jun 2018 - 15:27
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#26
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
Was it that bloody bay in Oxenden Street?
Mick |
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Tue, 26 Jun 2018 - 17:52
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#27
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
the image of the street is pretty much the same as it is today so no need to take a pic
ill take a pic if someone wants to see it but dont i have to challenge this within so many days? i ve had it 5 days now i think thanks This post has been edited by websmiler: Tue, 26 Jun 2018 - 18:06 |
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Sat, 30 Jun 2018 - 18:12
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#28
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
Hi guys
Im going to dispute this as ive had it a 9 days now, can anyone advise of anyting particular i need to put in my email? thanks for the help |
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Sat, 30 Jun 2018 - 18:25
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#29
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
Just tell them the contravention code is wrong, it should be 01 (Parked in a restricted street during prescribed hours) instead of 45 (Parked on a taxi rank), therefore while a contravention might have occurred, the alleged contravention did not.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 1 Jul 2018 - 15:12
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#30
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
Just tell them the contravention code is wrong, it should be 01 (Parked in a restricted street during prescribed hours) instead of 45 (Parked on a taxi rank), therefore while a contravention might have occurred, the alleged contravention did not. thanks very much |
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Sun, 1 Jul 2018 - 15:40
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#31
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Member Group: Closed Posts: 9,710 Joined: 28 Mar 2007 Member No.: 11,355 |
Add that if they wish to pursue this matter as a Code 45 then you would respectfully contend that the "bay" does not comply since the current road marking is incorrect and thereby the contravention is not legally sustainable.
Mick |
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Sun, 1 Jul 2018 - 15:54
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#32
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
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Mon, 16 Jul 2018 - 12:04
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#33
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
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Mon, 16 Jul 2018 - 12:46
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#34
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
Post all of the notice of rejection redacting only personal details there are often errors
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Mon, 16 Jul 2018 - 13:37
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#35
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I've had a quick look at the The Nottinghamshire County Council (Sutton-in-Ashfield, Kirkby-in-Ashfield and Ashfield North Consolidation Area) (Static Restrictions/Prohibitions) Traffic Regulation Order 2008 (https://tro.trafficpenaltytribunal.gov.uk/T...mshire/NQ15.pdf) and can't see where it creates a taxi rank on Market Street, so I would challenge them on that.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 16 Jul 2018 - 14:08
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#36
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
thanks for the help
here are the full notices https://s22.postimg.cc/8y7x53x9d/20180716_150251.jpg https://s22.postimg.cc/j8ac4di01/20180716_150342.jpg https://s22.postimg.cc/lcup5h6s1/20180716_150411.jpg This post has been edited by websmiler: Mon, 16 Jul 2018 - 14:08 |
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Mon, 16 Jul 2018 - 14:19
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#37
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I would call them now and ask for a copy of the TRO that creates the taxi rank. If there isn't one, it's a guaranteed win, but you don't want to use that as a ground of appeal if there is an updated TRO as you don't want your appeal to fall flat on its face.
-------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Mon, 16 Jul 2018 - 15:24
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#38
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
I would call them now and ask for a copy of the TRO that creates the taxi rank. If there isn't one, it's a guaranteed win, but you don't want to use that as a ground of appeal if there is an updated TRO as you don't want your appeal to fall flat on its face. ill try that first thanks |
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Mon, 23 Jul 2018 - 09:41
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#39
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Member Group: Members Posts: 27 Joined: 21 May 2015 Member No.: 77,372 |
thank you all for the help
the council didnt contest my appeal i assume it was the non creation of the TRO so thank you so much for all the help |
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