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Edinbugrh Council, 01 PARKED IN A RESTRICTED STREET DURING PRESCRIBED HOURS
craig51
post Thu, 15 Mar 2018 - 16:14
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Hello all.




I received a ticket for

01 PARKED IN A RESTRICTED STREET DURING PRESCRIBED HOURS

From Edinburgh council.




I was parked here, under the arches where the red wheelie bin is,

Parking

I appealed this, and got this reply.






Thank you for your correspondence received on 23 February 2018.







We have considered your explanation but will not cancel your parking ticket under these circumstances.




The parking ticket was issued because the vehicle was parked on a footway that has a kerbside single yellow line restriction.




The Roads (Scotland) Act 1984 states that the "road" includes the "road’s verge" or pavement. This means that a parking ticket may be issued whether the vehicle is parked on the road or the pavement.




The Highway Code Rule 244 states that you must not park on the pavement.




The Council are allowed to control parking on any road, including road verges and pavements, where there is "public right of passage". This is covered by the Roads Scotland Act Section 151.




In view of the above we are satisfied that the parking ticket was correctly issued and will not be cancelled.




The charge was at the discount rate of £30.00 when we received your correspondence. We have given you a further 14 days from the date of this reply to pay the discount amount. If you pay within this time, the case will be closed. If we do not receive your payment, the discount will end and the full amount of £60.00 will be due.




If you want to continue to challenge the parking ticket, do not make payment; instead wait until we issue the Notice to Owner. We will send this to the registered keeper of the vehicle once the discount period has ended. Please note that the charge will then be £60.00.

Can I appeal this?






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post Thu, 15 Mar 2018 - 16:14
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craig51
post Tue, 17 Apr 2018 - 09:14
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Morning all, thanks for all your input.

Sorry to Labour this point, but I don't like loosing ;-)

As we know , the undercroft where I was parked links the Caongate to Chessels Court by foot only. There is a sign on entry to the undercroft from the canongate entry saying "Chessels Court". But end of the day that sign is just a bit of metal, doesn't technically mean it is Chessles Court, and could be actually on the Canongate. Certainly the flats above this undercroft have a postcode of EH8 8AB, and that shows up as X/XXX Caonogate, Edinburgh.

So as far as I'm concerned the restriction on Chessels Court, which is actually Gullanes Lane as accessed via boyds entry. This I cant park on. There is a sign upon entry stating its a permit zone only for MEWS 185. I don't want to pay for a permit as Im hardly there so not worth it and actually there is only room for 3 cars if you're lucky.

If I kept doing exactly what I did before, I would get a ticket. I suspect it will now state " Canongate" as the location in the hope that the council can then rely on the single yellow line on the canongate and claim I was parked on the pavement/verge and get me that way as the public have a right of way. They would have to prove that point I guess.
I was advised to park if I can to the left so I was then parked off the single yellow and "next" to the bus stop. Then they have no hope at all . That's correct isn't it?
Other option was a chain, but as I only park there twice a month at most, that seems overkill. But if I did, that would then give me protection. That's correct isn't it?

So I have 3 options.
1/ Park exactly where I was and if I get a ticket stating the Canongate, argue it and see what the adjudicator says. I feel this is 50/50 at best.I think they would win on the single yellow/pavement argument.
2/ Park to the left right under the arches to clear the single yellow
3/ Chain.

If I get a ticket and it says chessels court, im on to a winner so its all good. But im sure the council have spoken to the parking people and they will be eager to give me a new ticket with Canongate on it. White range rovers seem to attract attention lol.




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Mad Mick V
post Tue, 17 Apr 2018 - 09:56
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My choice would be to go to adjudication and sort it out once and for all. At adjudication you can explore whether the chain is a solution if it is decided the SYL applies.

Mick
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cp8759
post Tue, 17 Apr 2018 - 16:46
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QUOTE (Mad Mick V @ Tue, 17 Apr 2018 - 10:56) *
My choice would be to go to adjudication and sort it out once and for all. At adjudication you can explore whether the chain is a solution if it is decided the SYL applies.

Mick

Given the OP doesn't have an outstanding PCN, I wouldn't suggest he goes and gets one on purpose just so he can go to adjudication. A chain would be far more sensible, as I said, if it has a dangly sign saying "private - no entry" that's even better as in the event of a PCN, you can additionally argue the CEO was trespassing on private property.

This post has been edited by cp8759: Tue, 17 Apr 2018 - 17:21


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
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craig51
post Wed, 18 Apr 2018 - 09:59
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Hey, thanks for the comments.

Trouble I have with a chain is attaching it to the wall I don't own (236 Chessels Court) and that causing me issues. I may be able to get the car under the arches to the left so I am "off" the single yellow. If these two options are not available to me, then I will just park as before, if I get a ticket saying "Canongate" I will take it to the adjudicator which will be 50/50 at best. £60 isn't that much to me TBH and I will just claim it off my company so its worth testing it if I have to. On the 3 days I've parked under the arches, I've saved myself approx. £80 in parking fees so I'm still financially better off even if I got a ticket and had to pay full price.

Going for the ticket route will once and for all sort it although id rather just speak to the council and solve it that way but they wont. At the adjudicator my argument would be they are relying on the single yellow line on the canongate to enforce parking on a piece of land which is designated as Chessels Court and thus the ticket is invalid. We'll see.
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