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clark_kent
Posted on: Thu, 23 Jul 2015 - 22:38


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Whilst on the subject, the practice of sticking a carrier bag or such like over the bikes VRM under the false belief that's its illegal for a CEO to tamper with it was also kicked into touch by the LLA 2008 act.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1095604 · Replies: 20 · Views: 3,353

clark_kent
Posted on: Wed, 22 Jul 2015 - 09:15


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QUOTE (southpaw82 @ Tue, 21 Jul 2015 - 17:06) *
Or you could just have a blanket exemption for emergency service vehicles but then you get cries of "one rule for them...!". Administratively a lot easier though.


A lot of emergency ambulance work is also contracted out to private ambulance companies due to NHS staff shortages with the same vehicles being used for 'blue light' jobs and event work such as footy matches or marathons. It would be daft to exempt a driver on his way to give first aid cover at a 10k running race just because the vehicle occasionally gets used for NHS cover.

  Forum: News / Press Articles · Post Preview: #1095080 · Replies: 29 · Views: 5,627

clark_kent
Posted on: Tue, 21 Jul 2015 - 22:35


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QUOTE (PASTMYBEST @ Tue, 21 Jul 2015 - 14:57) *
QUOTE (Sparxy @ Tue, 21 Jul 2015 - 14:53) *
If both wheels are off the ground, is the vehicle still deemed to be "parked"?
Can't be read as such IMO 15 As to parking on footways, grass verges, etc. (1)Subject to subsections (3), (4), (7) and (11) of this section and without prejudice to the provisions of any other enactment, any person who, on or after the appointed day in or on any urban road in Greater London parks a vehicle so that one or more of its wheels is resting on— (a)any footway; (b)any land (not being a footway) which is situated between two carriageways in any such road; or ©any grass verge, garden or space not falling within the foregoing paragraph (a) or (b); shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1level 1 on the standar


Maybe if you read the act as amended you would have a different opinion!?

http://www.legislation.gov.uk/ukla/2008/3/section/8/enacted

'on or over' would seem to be fairly conclusive




  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1095003 · Replies: 20 · Views: 3,353

clark_kent
Posted on: Mon, 20 Jul 2015 - 22:36


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No body has ever got a PCN for parking on the 'pavement' a PCN could however be issued for not parking on the carriageway which the glass blocks are clearly not!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1094745 · Replies: 20 · Views: 3,353

clark_kent
Posted on: Sun, 19 Jul 2015 - 08:39


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QUOTE (hcandersen @ Tue, 14 Jul 2015 - 19:37) *
As you don't want to tell us the name of the road then you're going to have to discover whether it's even a highway maintainable at public expense yourself. You must get them to provide you with a copy of their highway register which shows that this is adopted public highway.


Who maintains a road has nothing to do with it being a 'right of way' adopted just means the public pay for its upkeep there are plenty of privately maintained roads that are public rights of way.




  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1094327 · Replies: 29 · Views: 4,055

clark_kent
Posted on: Fri, 10 Jul 2015 - 08:41


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This section of road is a complete dogs dinner and has arisen because Kingston only recently started doing moving traffic offences and this should always have been a bus gate enforced under LLA 2003 regs and not as a bus lane. I seem to recall that RBK had one set of Bus lane TMOs all with the same exemptions as they seemingly forgot this was a contra flow! Therefore you can enter this bus lane for as long as is required to pick up or drop off or unload, with normal 'with flow' this would mean just pulling over into the bus lane bus obviously as this is a contra flow you would be required to drive up it to drop off or pick up a passenger.

Exemptions - Bus Lanes
4. (1) The controls specified in article 3(1) do not apply so as to prevent a vehicle being in a bus lane if and for as long as necessary:-
(a) to enable a person to get on or off the vehicle; or
(b) to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other Order.

http://davidmarq.com/uploaderv6_1/files/7/...20Order%203.pdf
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1091451 · Replies: 12 · Views: 2,032

clark_kent
Posted on: Tue, 7 Jul 2015 - 18:39


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QUOTE (James21 @ Tue, 7 Jul 2015 - 19:09) *
Thanks for your reply, Is T bars at the end a requirement?


Only if you can convince those dealing with your appeal that some how the lack of T bars contributed to your misdemeanour.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1090725 · Replies: 7 · Views: 968

clark_kent
Posted on: Tue, 7 Jul 2015 - 18:03


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Double red lines mean no stopping any time, that is the sign.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1090714 · Replies: 7 · Views: 968

clark_kent
Posted on: Sun, 5 Jul 2015 - 21:41


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QUOTE (Ronak @ Sun, 5 Jul 2015 - 21:45) *
CEO should think reasonably and give me just warning but he printout PCN in front of me. Thanks, Ronak


The warning is painted on the road in bright yellow which sadly you chose to ignore! Besides how would the CEO know if you had been given a warning before or do you think the Council should pay people to walk around reminding drivers they are breaking the law and never penalise anyone?

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1090228 · Replies: 6 · Views: 1,209

clark_kent
Posted on: Sun, 5 Jul 2015 - 19:46


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QUOTE (PASTMYBEST @ Sun, 5 Jul 2015 - 18:16) *
DfT authorization, write your challenge with care http://assets.dft.gov.uk/trafficauths/case-2573.pdf


The authorisation is for a 'flip' closeable sign which is what is in place. The site is enforced by an unmanned anpr camera so ask for photographic proof it was in the open position when you passed it!

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1090205 · Replies: 12 · Views: 2,032

clark_kent
Posted on: Fri, 5 Jun 2015 - 08:12


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QUOTE (hcandersen @ Fri, 5 Jun 2015 - 08:41) *
As per DD, para. 2 (4) on page 10 is pretty standard for traffic orders: http://tro.parking-adjudication.gov.uk/files/BH121.pdf So, what was your purpose in being there and would it qualify under this type of exemption? Only you can tell us.


The exemption usually only applies to vehicles actually being used in connection with road works eg a JCB, a vehicle just being used to get contractors or their tools to and from the site would not usually be considered as exempt although it would be unusual for any vehicle associated with the works except private cars to be ignored.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1081604 · Replies: 15 · Views: 1,226

clark_kent
Posted on: Fri, 5 Jun 2015 - 08:07


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If the yellow lines are there due to the width of the road and parking would cause an obstruction eg they are opposite the bays you could end up with a Police FPN and being towed.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1081602 · Replies: 4 · Views: 620

clark_kent
Posted on: Wed, 3 Jun 2015 - 18:42


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If the sign is 'no stopping' then the bay should have a thick yellow liner along the kerb like a bus stop.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1081181 · Replies: 11 · Views: 1,077

clark_kent
Posted on: Wed, 20 May 2015 - 18:49


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If its a public right of way then who owns it doesn't really matter! Being private, adopted etc is a way of determining who is responsible for upkeep and has little to do with parking restrictions.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1077360 · Replies: 21 · Views: 1,671

clark_kent
Posted on: Thu, 14 May 2015 - 17:23


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QUOTE (JaffaJim @ Wed, 13 May 2015 - 21:10) *
[font="Verdana"]
QUOTE (clark_kent @ Wed, 13 May 2015 - 18:24) *
QUOTE (nossa @ Wed, 13 May 2015 - 17:27) *
Entered ybj in flowing traffic - so did not enter when prohibited but was forced to stop as bus merged in traffic
Its not entering that's prohibited its stopping having entered due to stationary traffic that's unlawful. 'no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles' Did YOU cause the vehicle to enter the box.........yes Did the vehicle stop.......yes Did it stop due to stationary traffic......yes Where you turning right........no Contravention........yes!!
Well, err, not quite IMO. The point the OP makes is that he couldn't cause his vehicle to enter the junction if it was already in the junction.


Was it parked in the junction when he took control of it then? Obviously not from his description of events. He drove it into the box so he caused it to enter simple as that. Trying to bring in a completely different set of rules that apply to boxes used as traffic calming measures is never going to win anything. The regs clearly state that the 'traffic beyond the box' rules only apply if 615 or 811 signs intended for use in traffic calming schemes are used, which is not a yellow box junction as they are not used at a 'junction'.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1075639 · Replies: 13 · Views: 864

clark_kent
Posted on: Wed, 13 May 2015 - 19:26


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Since the PCN was not affixed to the vehicle or handed to the person in control of the vehicle, his odds are very good!
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1075275 · Replies: 13 · Views: 1,079

clark_kent
Posted on: Wed, 13 May 2015 - 18:29


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I doubt you will get a PCN the signage is crazy and totally ambiguous.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1075262 · Replies: 29 · Views: 2,543

clark_kent
Posted on: Wed, 13 May 2015 - 17:24


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QUOTE (nossa @ Wed, 13 May 2015 - 17:27) *
Entered ybj in flowing traffic - so did not enter when prohibited but was forced to stop as bus merged in traffic


Its not entering that's prohibited its stopping having entered due to stationary traffic that's unlawful.

'no person shall cause a vehicle to enter the box junction so that the vehicle has to stop within the box junction due to the presence of stationary vehicles'

Did YOU cause the vehicle to enter the box.........yes

Did the vehicle stop.......yes

Did it stop due to stationary traffic......yes

Where you turning right........no

Contravention........yes!!




  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1075248 · Replies: 13 · Views: 864

clark_kent
Posted on: Wed, 13 May 2015 - 07:15


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How can you stop if you haven't entered?
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1075084 · Replies: 13 · Views: 864

clark_kent
Posted on: Mon, 11 May 2015 - 17:14


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The first is bang to rights as you clearly queue jumped in the bus lane. The second one is rather interesting as its rather marginal and worth an appeal although it will be rejected as they have obviously set the anpr to flag up vehicles that close to the end.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1074685 · Replies: 13 · Views: 1,660

clark_kent
Posted on: Mon, 11 May 2015 - 17:05


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Vehicle 'being used for ambulance purposes' may apply at a stretch if you are prepared to do some research into case law, Lord-Castle v. Director of Public Prosecutions [2009] EWHC 87 (Admin) is a good start.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1074679 · Replies: 7 · Views: 681

clark_kent
Posted on: Mon, 11 May 2015 - 16:57


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QUOTE (DancingDad @ Mon, 11 May 2015 - 12:31) *
QUOTE
Thanks DD, I've found this http://www.letstalknewcastle.co.uk/files/Bus_Lanes.pdf Unfortunately there's no mention of giving way to emergence vehicles, if I have to, I will use section 4(j) saying I would have been the cause of an obstruction, guess I'll just have to wait and see.
That is the sort of general exemption that I had in mind. Had you not pulled over you would have obstructed the main carriageway and the Blues and Twos. Can't see any adjudicator deciding that this term did not apply if someone pulled over to let an emergency vehicle through.


Technically pulling over is obstructing the ambulance as its allowed in the bus lane as its an exempt vehicle, there is no offence as far as I'm aware of obstructing an ambulance.

  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1074676 · Replies: 29 · Views: 2,543

clark_kent
Posted on: Thu, 30 Apr 2015 - 09:35


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I would also chuck in the statutory guidance defence if they refuse, there was absolutely no reason the CEO could not have got out and issued on foot plus you can use a BB on a SYL therefore cameras are not meant to be used.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1071792 · Replies: 8 · Views: 869

clark_kent
Posted on: Thu, 30 Apr 2015 - 08:02


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Ask for a copy of the traffic order, red routes are governed by legislation which gives exemptions in the bays the only way to remove the exemption is to create a new temporary order, there is no provision in the original regulations to suspend as far as I can see unlike Council TROs which have a 'we can suspend the bay when we want' clause in them.
The contravention is also wrong if you use Tfl logic! Tfl class the entire red route as red route and class the 'bay' areas as exempt from stopping provided you adhere to the signage eg no stopping except to load'. 21 refers to a suspended parking place if the bay is suspended it would revert back to 'parked on a red route' the contravention would also be 'stopped' in a suspended bay not 'parked'!!

http://www.legislation.gov.uk/uksi/1993/891/contents/made
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1071755 · Replies: 8 · Views: 973

clark_kent
Posted on: Mon, 27 Apr 2015 - 22:59


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It really depends on the wording of the traffic order, its possible that the TRO makes it a legal requirement for all vehicles in the bay to display a ticket. However there are always exceptions to the rule such as vehicles loading, vehicles displaying a blue badge or maybe even vehicles that have paid by phone. Paying by phone would therefore exempt the vehicle from the requirement to display a ticket. It would be simpler if they just used failed to pay the parking charge but Councils never use logic.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1070999 · Replies: 14 · Views: 1,256

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