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pabloganymede
I parked next to a lot of other cars on a street next to Ibrox Stadium in Glasgow on Saturday 9th May 2009. I parked there from 10am and returned at 2:45pm. The road has a single yellow line, and every now and then there are yellow signs saying "Wed 9:30 - 10:00pm Sat Noon - 5:00pm", and they have on them a little "No Waiting" blue circle road sign with one red stripe crossing it out.

On Saturday there was an earlier match starting at 12:30pm, rather than the usual 3pm.

I returned to find no cars at all on the piece of road where I had parked (which had been full at 10am) and there were now clearly yellow cones along the road saying "No Loading" and also displaying the "No Waiting" blue and red symbol. There were so many cars on the road when I parked there that no cones were visible then at all. I realised my car must have been towed away, so called the police etc and located my vehicle.

I genuinely have not been to many Ibrox matches, or indeed many major foorball stadiums. I obviously didn't realise towing was even a possibility. Are they allowed to give no warning at all?

At the car pound I had to pay £180 which included an initial parking ticket my car had on it. As I saw my car there, it clearly had a flat tyre (when of course it didn't before, not even a hint of a slow puncture.) The man at the pound just said I was to put it all in an appeal, but that I should find out if I had not run over a nail that morning or something. I don't have a spare tyre, so had to call out some assistance. I was charged £61 for the repair man to give my tyre a new valve (the towing away must have broken the old one which cause my tyre to flatten) and for my tyre to be reinflated.

Since then I have driven past the place where I parked on Saturday and I see white A4 sheets of paper sellotaped to a few lamposts but not clearly visible, I certainly didn't notice them either before or after I had parked there, but mind you, how would I know to look for them? It states temporary restrictions on certain roads on Saturday 9th May 2009. I wonder if it is legitimate to expect everyone to examine every lampost everywhere in case there are signs contradicting the normal street signs?

I didn't really know to check if the yellow lines on the road are ended correctly (are they all supposed to have a T at the end?), but there certainly were not any stripes on the kerb, but then I don't know if the yellow lines need to have that if they are under the yellow signed controlled zones (with times) or if the stripe is only needed with white "no loading" signs. I am not sure if there is a difference.

The parking ticket I was given is timed at 10:18am. I assume I was not towed away until 2pm-ish. The men at the car pound said that although my car had originally been surrounded by other cars (some of whom also got tickets), when they returned much later, my car was alone. Even had I heeded the yellow line restrictions, which I should have looked at - they only say "noon - 5pm" and the parking ticket was issued a lot before that. Probably people with experience of early matches may have simply known to look for contradicting signs, but how is someone supposed to guess that?

Is there any case at all for appeal? Also how would I word that I have had to pay a £60 charge for having my damaged tyre valve fixed?

I really appreciate any advice. I may have been initially stupid but to have been charged £180 and then a £60 fee from roadside assistance is really ridiculous. I am a student and am really struggling to pay friends back for the money they have loaned me for my parking problems over the weekend.

Thanks,

P
Teufel
lets see ALL the paperwork - front and back - remove personal detials

all means ALL

also any photos of lines/signs etc?


the damage claim is entriely seperate - did you get an expert opinion from the repair guy ?
glasgow_bhoy
Would be a good idea to try and get pics ASAP of the street you parked in with close ups of the A4 sheets if you can.

Poor game on Saturday- quite glad I couldn't get a ticket.

Hail Hail
pabloganymede
Thanks.

How do I attach pictures here?
bama
host the images on Tinypic

then see this
http://forums.pepipoo.com/index.php?autoco...ticle&id=16
pabloganymede
The road signs:


The road:


The paper sign:



OK, these are NOT very good pics, because theywere taken before I knew what I needed to photograph. (Probably should have just nicked one of the many paper signs!)

Copies of the paperwork I got at the car pound to follow.

Thanks for all help.
pabloganymede
The letter I signed after paying the council to get my car back:


The receipt that they attached to the letter (not the time I retrieved the car, not sure what the time on it represents):


The original parking ticket which I was able to see after I retrieved my car:


neil3841
Well I don't know how you were supposed to read those A4 bits of paper from the car or even notice that they were there for drivers. I am not sure about scotland but in england there should be a Temporary Traffic Regulation Order. I would argue that those fly posters do not consititute a traffic sign (were they covering the normal signs or just plastered to a nearby lampost) Ignoring the fly posters you were parked as is allowed by the officail parking signs.

Someone on here will know if scotland needs to have a Temporary Traffic Regulation Order I fairly sure it does but someone will know for sure. If it does you would need to find out if the council has one or has just stuck signs up. If it is supposed to have one and doesn't the ticket was illeagal and you (and everyone else) should get your money back as you would have been leagally parked

In any case even if there is a Temporary Traffic Regulation Order in place or scotland doesn't need one. You have a photo took from close up and it is impossible to read what is said I would argue that the council failed to give clear warnings that these restrictions were in place.

I am sure someone will come on who knows the legal ins and outs for scotland though
pabloganymede
Thanks, I appreciate your help and would love the advice of anyone else...

confused3.gif
Teufel
the appela form is non compliant - a gross violation of your rights and a procedural
impropriety from the council

RTA 1991 s71

http://www.opsi.gov.uk/ACTS/acts1991/ukpga...7#pt2-pb3-l1g71

grounds c) should be

© that the place in which the vehicle was at rest was not a designated parking place

which bears no resemblance to what your form says


also the date for makig reps is wrong

it should be

An authority may disregard any representations which are received by them after the end of the period of 28 days beginning with the date on which the person making them is informed, under subsection (1) above, of his right to make representations

your form says 'within 28 days of the date of your receipt'

the use of this within formula adds a day which in fatc in law you do not have

see PATAS als bar v westmintser - (within 1 day of today is today plus tomorrow)

thei is uunfair and a procedural violation - they have misrepresented your rights
as they could in law ignore a rep made on th last day they claim incorrectly you have



pabloganymede
Thanks. It looks like that section of the RTA is a "Traffic in London section. Would that then apply to myself in Glasgow?

Much appreciation.
Teufel
yes - it was extended to other areas

most areas have now transferred to the TMA 2004 but not glasgow
Glacier2
TMA 2004 applies everywhere except Scotland and Northern Ireland.
pabloganymede
That's a bit of a bugger then, isn't it?

Any other ideas? Thanks.
Neil B
QUOTE (pabloganymede @ Thu, 14 May 2009 - 23:44) *
That's a bit of a bugger then, isn't it?

Any other ideas? Thanks.


No it isn't a problem. Although TMA 2004 has been adopted in Enland and Wales the RTA 1991 still applies in Scotland. What Teufel said was that the legislation you had read was extended a couple of years later to cover the whole of the UK if they chose to use it. Yours did. Where it says London it now refers to anywhere. So, if the appeals form is wrong as Teufel suggests then you have a very valid appeal. I haven't read it myself but I certainly trust Teufel!


-

dannybhoy1989
wow the buggers have increased their uplifting fee, mine was 135 in november, best of luk with this one, i got off with min and got the money refunded for the reasons that were detailed above
pabloganymede
Oh great! Thanks Teufel, and Neil.

And Danny, trust this to happen outside Ibrox when they won and it was pissing with rain...

I'll let you all know what happens.
dannybhoy1989
err it was actually celtic park, hope u lose ur appeal now haha, only joking
neil3841
can anyone confirm if a Temporary Traffic Regulation Order is needed for scotland parking restrictions as the "signs" were so shoddy I doubt there is one in place. I find it hard to belive those so called signs were even legal
Teufel
the full TRO should spell out what is needed for a temporary order

usually it allows a short term restruiction by adminstrative desicion
a larger or longer term one would have som longer process (notifications etc)

in any case someone should have doen soemthimg
neil3841
Thats what I thought could be worth getting a look at the TRO to see what it says.

I found this intresting in The Traffic Signs Regulations and General Directions 2002 (see the part in bold)

QUOTE
(2) A temporary sign -



(a) which conveys to traffic any information, warning, requirement, restriction or prohibition of a description which can be conveyed by a sign shown in a diagram in Schedules 1 to 12 (whether on its own or in conjunction or in combination with another such sign) shall be of the size, colour and type shown in that diagram;

(b) which does not fall within paragraph (a) ("a non-prescribed temporary sign") shall be of such size, colour and type as is specified in paragraphs (3) to (6).


(3) The shape of a non-prescribed temporary sign shall be -



(a) rectangular but with the corners rounded; or

(b) as in sub-paragraph (a) with a rounded point at one end.


(4) A non-prescribed temporary sign shall be of a size appropriate to the circumstances in which it is placed and may incorporate -



(a) wording;

(b) numerals;

© arrows or chevrons;

(d) any appropriate symbol taken from any diagram in any Schedule; and

(e) the arms, badge or other device of a traffic authority, police authority or an organisation representative of road users.


(5) Every letter and numeral incorporated in a non-prescribed temporary sign other than any letter incorporated in the sign in accordance with paragraph (4)(e) shall be not less than 40 nor more than 350 millimetres in height, and every arrow so incorporated shall be not less than 250 nor more than 1000 millimetres in length.

(6) Every letter, numeral, arrow, chevron or symbol, other than a sign shown in a diagram in Schedules 1 to 5 when used as a symbol, incorporated in a non-prescribed temporary sign shall be -



(a) black on a background of white or of yellow;

(b) white on a blue background;

© blue on a white background;

(d) if the sign conveys information or warnings of the kind mentioned in paragraph (1)(e), white on a red background, except where it is placed on a motorway when it shall be black on a yellow background; or

(e) if the sign is a variable message sign, white, off-white or yellow on a black background or black on a yellow background, except when the sign is not in use when it shall display a plain black or grey face.
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