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Question on legality of what TW told me
websmiler
post Tue, 12 Jun 2018 - 12:38
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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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post Tue, 12 Jun 2018 - 12:38
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Mad Mick V
post Mon, 25 Jun 2018 - 07:46
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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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PASTMYBEST
post Mon, 25 Jun 2018 - 10:08
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QUOTE (Mad Mick V @ Mon, 25 Jun 2018 - 08:46) *
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


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DastardlyDick
post Mon, 25 Jun 2018 - 10:48
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QUOTE (PASTMYBEST @ Mon, 25 Jun 2018 - 11:08) *
QUOTE (Mad Mick V @ Mon, 25 Jun 2018 - 08:46) *
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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Mad Mick V
post Mon, 25 Jun 2018 - 11:35
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QUOTE (DastardlyDick @ Mon, 25 Jun 2018 - 11:48) *
QUOTE (PASTMYBEST @ Mon, 25 Jun 2018 - 11:08) *
QUOTE (Mad Mick V @ Mon, 25 Jun 2018 - 08:46) *
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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PASTMYBEST
post Mon, 25 Jun 2018 - 12:07
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QUOTE (Mad Mick V @ Mon, 25 Jun 2018 - 12:35) *
QUOTE (DastardlyDick @ Mon, 25 Jun 2018 - 11:48) *
QUOTE (PASTMYBEST @ Mon, 25 Jun 2018 - 11:08) *
QUOTE (Mad Mick V @ Mon, 25 Jun 2018 - 08:46) *
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


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Mad Mick V
post Mon, 25 Jun 2018 - 15:27
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Was it that bloody bay in Oxenden Street?

Mick
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websmiler
post Tue, 26 Jun 2018 - 17:52
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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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websmiler
post Sat, 30 Jun 2018 - 18:12
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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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cp8759
post Sat, 30 Jun 2018 - 18:25
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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.


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websmiler
post Sun, 1 Jul 2018 - 15:12
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QUOTE (cp8759 @ Sat, 30 Jun 2018 - 19:25) *
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 tongue.gif
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Mad Mick V
post Sun, 1 Jul 2018 - 15:40
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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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websmiler
post Sun, 1 Jul 2018 - 15:54
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QUOTE (Mad Mick V @ Sun, 1 Jul 2018 - 16:40) *
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


gracias Mick, smile.gif
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websmiler
post Mon, 16 Jul 2018 - 12:04
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Hi guys

they have replied, see pics

It seems to me they are saying you can get done for parking there for 2 different reasons, depending on the time of day which doesnt seem fair. Why not add another set of lines and make 3 offences possible?! unsure.gif

Any advice what to do next?

thanks




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PASTMYBEST
post Mon, 16 Jul 2018 - 12:46
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Post all of the notice of rejection redacting only personal details there are often errors


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cp8759
post Mon, 16 Jul 2018 - 13:37
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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.


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websmiler
post Mon, 16 Jul 2018 - 14:08
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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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cp8759
post Mon, 16 Jul 2018 - 14:19
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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.


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websmiler
post Mon, 16 Jul 2018 - 15:24
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QUOTE (cp8759 @ Mon, 16 Jul 2018 - 15:19) *
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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websmiler
post Mon, 23 Jul 2018 - 09:41
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thank you all for the help

the council didnt contest my appeal tongue.gif

i assume it was the non creation of the TRO so thank you so much for all the help
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