Medway's taxi bays are unenforceable yet council still enforces them |
Medway's taxi bays are unenforceable yet council still enforces them |
Sat, 12 Nov 2011 - 11:15
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#1
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Member Group: Members Posts: 606 Joined: 24 Apr 2007 From: Medway Member No.: 11,743 |
http://www.thisiskent.co.uk/Let-parking-ti...tail/story.html
WONDER how many of you picked up this paper last week, saw the front page lead and said to themselves: "Bloody good job too." If it transpires that all the parking tickets issued by those dratted Smart cars can be rescinded because of a technicality then power to the elbow of those who discovered the error of their ways. Perhaps they're like George Cook, who clearly took exception to the Penalty Charge Notice his son received 13 months ago when he stopped at a "Taxi Rank" in Longley Road, Rainham, to pick up his mum and was captured on celluloid by a camera car in the six seconds he had stopped. George went on the rampage and as I've said before, he's not someone you want to annoy. He finds things out and they're generally anti-establishment things. What he discovered this time was that the Longley Road taxi bay was not shown on the relevant Traffic Regulation Order (TRO). His visit to Medway Council Parking Services at Strood secured him a copy of the latest TRO for Medway Taxi Bays. Longley Road, Rainham, is not shown and any PCNs issued there are consequently invalid. The lines are still there together with the words "Taxi Rank." It should read "Taxis" while on each end of the bay, where the elbow turns 90 degrees towards the kerb, there are lines missing. It appears taxi bays and double yellow lines cannot be used together, either. For more than a year the council's parking team has been aware the bay is not compliant and shouldn't be there. Any person having received a PCN there should be able to reclaim any fine imposed. The taxi bay road markings in Blue Boar Lane, Rochester; Station Road, Strood; Slicketts Hill, Chatham; Cross Street, Chatham; Richard Street, Chatham; Ordnance Street, Chatham; Railway Street, Gillingham and Twydall Green, Gillingham are also not compliant with something called TSGR&D 2002. All have one or more of the following errors: white paint instead of yellow, the words Taxi Rank instead of Taxis or double yellow lines. Any readers receiving a PCN for these should appeal stating: "The alleged contravention did not occur" and add (according to their situation) wording like "I am also appealing as the Bay does not comply with TSGRD 1028.2 as legend marked on bay is "TAXI RANK" and should be "TAXIS" or "Paint used is white where it should be yellow" or "Bay end markings do not have broken transverse lines at end, only the inverted 'L' shape marking the outside corner of each end of the bay" or that "The 1018 (Double yellows) cannot be used in conjunction with a 1028.2 in any case (direction 22(3) of TSRGD 2002)" or even "Sign covered by foliage, missing or illegible." The sign-off line should be: "The penalty charge should be cancelled forthwith." And there you have it. Not only the knowledge, but the way to complain, the wording needed and how to get your hard-earned money back. -------------------- Visit the following sites if you are having bailiff problems :
www.bailiffadviceonline.co.uk . www.medwayparking.co.uk If you have a car that has been clamped for a unpaid parking ticket (la/congestion charging only) http://www.askmid.com/askmid.aspx To quickly check if a vehicle is insured. I would also like to take the credit for taking ccs enforcement limited out of business before rundell and co took their ruins over. If you have abailiff problem let me know as i would like to become their problem. |
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Sat, 12 Nov 2011 - 11:15
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Guest_Bogsy_* |
Sat, 12 Nov 2011 - 11:30
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#2
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Guests |
Taxi bays do not have to be included within a TRO if they are provided under the Local Government (Miscellaneous Provisions) Act 1976. The TMA 2004 enables such bays to be enforced by a CEO. See para 4(a)
http://www.legislation.gov.uk/ukpga/2004/18/schedule/7 |
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Guest_Bogsy_* |
Sat, 12 Nov 2011 - 11:30
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#3
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Guests |
Taxi bays do not have to be included within a TRO if they are provided under the Local Government (Miscellaneous Provisions) Act 1976. The TMA 2004 enables such bays to be enforced by a CEO. See para 4(a)
http://www.legislation.gov.uk/ukpga/2004/18/schedule/7 |
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Sat, 12 Nov 2011 - 18:19
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#4
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Member Group: Members Posts: 33,610 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
Don't post news articles in an advice forum.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sun, 13 Nov 2011 - 11:33
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#5
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Member Group: Members Posts: 10,695 Joined: 23 Apr 2004 From: Not in the UK Member No.: 1,131 |
PCNs must be properly appealed through the proper channels.
The council will not stop until someone gets a case as far as the Traffic Penalty Tribunal. |
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Wed, 30 Nov 2011 - 09:31
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#6
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Member Group: Members Posts: 606 Joined: 24 Apr 2007 From: Medway Member No.: 11,743 |
Even then they will twist their paperwork.
-------------------- Visit the following sites if you are having bailiff problems :
www.bailiffadviceonline.co.uk . www.medwayparking.co.uk If you have a car that has been clamped for a unpaid parking ticket (la/congestion charging only) http://www.askmid.com/askmid.aspx To quickly check if a vehicle is insured. I would also like to take the credit for taking ccs enforcement limited out of business before rundell and co took their ruins over. If you have abailiff problem let me know as i would like to become their problem. |
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