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FightBack Forums > Queries > Council Parking Tickets & Clamping and Decriminalised Notices
thegasman
I received a FPN on 17th JUne 2008 in Glasgow. I was parked outside of my own home and the reason given was "The vehicle was waiting in a restricted road (Section 5, 11 or 16 of the Road Traffic Regulation Act 1984).

At first I thought it was becasue I was parked in a bus stop, which I was, but I appealed that beacuse there is inadequate signage. I got a letter through this morning from the police saying it was not because of the bus stop but because I was waiting partly on the footpath.

I am outraged ohmy.gif . This is outside my home (on a main road) and everyone parks here, partly on the footpath.

Do I have any grounds to appeal? I only have three days left! Please help!

Thanks
bama
seesh..
looks like its TRO related.
you need to see the TRO.
I don't know of any approved signs that restrict footpath parking (outside london).
thegasman
what does TRO mean?
MartinHP71
Traffic Regulaition Order. Speak to your local Council who hold the documents and ask them to see a copy of the document an where it prevents parking on the pavement. As has been mentioned any regulation OUTSIDE London is rare and therefore in theory no offence may have been committed, doesn't stop them from trying to book you though.
bama
Just noticed this was issued by the BiB.
will need to check those sections of the 1984 ACT.
I thought a BiB ticket for this was for Obstruction but IIRC the sections mentioned in letter are about TROs..
(scurries away to statutelaw)
thegasman
Thanks. If you could let me know it those are sections are related to TROs that would be great. I have contacted the council and am waiting to call back the traffic team leader regarding the TRO. YOur help is much appreciated.
bama
http://www.statutelaw.gov.uk/LegResults.as...xtDocId=2223862

look like its a TRo or a temporary restriction acording to the info.

maybe you should post up a pic/scan of the ticket (washed of personal details)
http://forums.pepipoo.com/index.php?autoco...ticle&id=16
thegasman
I just had a look at the sections and they do seem to be TRO related, don't they?! Hmm....

Just waiting on council man to call me back to say whether there is a TRO. He sounded quite annoyed with me, I bet they hate folk who dispute things!

The ticket checks out, so I don't think there is really any point in posting it. The main thing though is the offence... and it comes under the sections from the RTR Act 1984.

Plus Section 16 doesn't seem to be applicable to Scotland!
southpaw82
Generally where an area is a parking area under the Road Traffic Act 1991 (in other words, civil enforcement is in operation) no action can be taken under criminal provisions, which are specifically disapplied by Schedule 3 of the Road Traffic Act 1991. Might be worth asking the council if the area is subject to decriminalised parking enforcement. If it is then it's highly likely that the police can not enforce any contraventions relating to parked vehicles under the Road Traffic Regulation Act 1984.

In any case, I fail to see how parking on the pavement is a contravention.
thegasman
I just spoke to the man in the council and he says there are no orders for outside our house.

A few doors down from us there is a disabled space that is partially on the pavement too!

What should I do? I am not paying the fine, so how can I word my letter???
southpaw82
I'd imagine that like in England you'd have to ask for the case to be dealt with in the Sheriff's Court. If you don't contest it may get recorded as a fine and enforced (if it's like England).

In any letter I'd tell them there is no traffic order in place for your street so you don't know what law you've broken. Parking on the pavement is not a contravention in its own right so ask them to tell you what the offence is.
thegasman
I just sent my reply off to the police today saying that I will not be paying the fine as I do not know what offence Ihave committed. Fingers crossed.
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