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BB Law
Can I ask for some assistance from those who know their parking law please -

I'm going to try to post a Google Street View link to show North Walls, Stafford. You will see 3 vehicles parked on the right hand side on a small tarmacced area outside 122 North Walls.

Does anyone have any views as to whether PCN's issued for leaving a broken down vehicle on that tarmacced area would be enforceable?

For what it is worth this relates to a close friend, who has come to me for help on the basis she thinks I will know everything there is to know about parking, when it's not really my area.

Thank you

BB Law

Sorry, I'm struggling to get the Street View link to work (I've done it before but can't remember how I did it now!)

It is pretty easy to identify the relevant spot (just past the Lord Nelson sign on the right, before the main roundabout with the A34) if someone else can post the link?
southpaw82
Go for it... it'd help if you tell us what the alleged contravention is, as many contain an exception for vehicles parked in contravention in circumstances beyond the driver's control.
BB Law
SP

The contravention reads - 'Parked in a restricted street during prescribed hours'

Contravention Code - 01

Two PCN's were issued on the two consecutive days that it was there awaiting recovery.
southpaw82
I'd suggest obtaining the traffic regulation order that covers waiting restrictions on that street. Obtain it from the local authority. Most waiting restrictions cover "the road", which as you'll know includes the carriageway, footway and any verge. You can form a view yourself of whether the area in question is a part of the road. Most such TRO's also include an exemption for vehicles waiting in circumstances beyond the driver's control. I'd go with that. Apologies if I'm teaching you to suck eggs but I've no idea how much parking law you know.
BB Law
Thanks SP

TRO already requested.

Parking is not my thing so any information will be gratefully received.
Enceladus
Is this the place?

Looks like this area is intended for parking, albeit there is a DYL.
BB Law
Yes, it is. Thank you.

The dropped kerb leading to what appears to be a parking area with an absence of any restriction signs would indicate to me that it is not a restricted location, however, I could do with something concrete to base some representations on.
southpaw82
QUOTE (BB Law @ Mon, 21 Nov 2011 - 23:47) *
Parking is not my thing so any information will be gratefully received.


There's not a lot of precedent in parking law, as most of it is the result of tribunal decisions. However, there is a bit from JRs and earlier case stated decisions in the Divisional Court that still bind the tribunals. Of note might be Coppolino v City of Westminster, a tribunal case that establishes that "the road" can include private property. Of more interest is GSL Ltd v Kensington & Chelsea, another tribunal case that established that a vehicle which has broken down is waiting due to circumstances beyond the driver's control and any such exemption in the TRO will apply. If you want either of those cases drop me a PM and I'll fire them across to your work email.

Edit: Grimwood v Croydon, a tribunal case that established that if a motorist is reasonably confused by the signage (i.e. the DYLs) then the signs did not adequately convey the restriction set out in the TRO.
BB Law
SP

Those cases sound like they could be very helpful, please do forward them.

Thank you
southpaw82
You have mail.
Bogsy
These PATAS cases illustrate that where a vehicle had broken down and the appellant appeared to be credible then they can win on the circumstances beyond the drivers control exemption.

2110146196
2110068467
2110092042
2110114316

Click on "search" and paste in the case number to view.

http://www.patasregistersofappeals.org.uk/StatReg/
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