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Originally Posted by loftust,Jan 22 2010, 10:35 PM
I received a parking ticket in Portsmouth today for parking in a bay that had restrictions on how long you can stay there for.
My journey to the bay, and when I got out of my car did not take me past the very small, very high sign (3m) that stipulates the warning. The sign is a good 40m from where I was parked.
My understanding is that there should be a sign every 30m or so, and within 5m of the end of the bay...is this true?
I've had a look at the Traffic Management Act 2004, which could take me years to find the right info, without any luck.
Any advice would be great I'm sure someone on here has the knowledge.
EDIT: I have photos of the area too
You are correct that in most instances the signage does have to be withing a particular distance from the ends.
I won an appeal against the council a few years back and one of my arguments was what you have suggested, however I don't think this was the actual reason the ticket was thrown out by the adjudicator. I can try and find the adjudicator's letter if you want me to.
Here's a copy of the council's decision on a parking fine I got a few years ago.
Reading it back I remember the decision was based around the lines being unclear (the adjudicator effectively put this forward for me-I went there in person, luckily for me the office is just around the corner from where I work. The concil didn't turn up which tells its own story).
There's a couple of quotes worth picking up on from that letter (where he refers to a previous case and also the particular part of the law) which might help you.
Whether parking enforcement is managed by the council or a third party, there should be a TRO (Traffic Regulation Order) in place.
Each street where parking is enforced will have its own TRO and this will specify in detail the different parking zones and signage etc.
Asking to see the TRO can be an effective dodge against a ticket as 1) sometimes they are missing or incomplete and 2) the council/operator may not have complied with its terms.
IME, ignoring a ticket because it has come from a third party (as scumboss suggests) is not the way to go. Assuming we're talking a public highway (as opposed to a private car park), and enforcement is carried out by a third party, it means the local council has "decriminalised" parking in that area. The third party can issue tickets and pursue non-payment as a civil offence, but if they're in the right, you will get done ...
Further to your email of the 28/01/2010 I can confirm that the Penalty Charge Notice has been cancelled, this has been due to a system failure of the Civil Enforcement Officer's handheld machine.
01-23-2010, 04:34 AM
for parking in a bay that had restrictions on how long you can stay there for.
I'm sure someone on here has the knowledge.
I can try and find the adjudicator's letter if you want me to.
That's strange.
