Is this parking ticket fair and legal?

[mike84]

One easy way of easing congestion is to get rid of the bus lane coming down from Meadowhead towards town , thus making it a duel carriageway all the way down the hill to the Abbey lane traffic lights. This would ease tailbacks which can stretch right the back up to Meadowhead roundabout at peak times , whilst at present there is an empty lane (bus lane) sitting idle which traffic could be using instead of having one lane of traffic whilst the lane next to them sits empty. This would be very cheap to do ,and would ease congestion . Surely if the council wants to ease congestion ,then they would have no objection to scrapping the bus lane there.

 

How would this ease congestion?

[Planner1]

 

They should adopt this method in schools - Dont understand the equation sir -

Well take a sixty quid fine home to your parents then lad.

Not that simple. You need a legal order and correct lines / signs in place. Most school entrance markings here aren't enforceable. To fix it costs money and takes time.

 

Got anything a little more relevant to the posters on here in response to the question requesting an example of your rhetoric ?

Not sure what you mean?

[JayG]

The congestion issues at Woodseats aren't confined to the main road - with no right-turn filter on the lights at the Scarsdale Road intersection (apart from for city-facing traffic turning up Scarsdale Road) it is frequently very irritating to get blocked behind drivers who are reluctant to enter the box junction when turning right - the sequencing gives you only a very quick bite at the cherry at the best of times.

 

It is not only legal to do so but I for one would like to positively encourage it, and not just at this particular box junction either!

[teecee75]

Yep it's illegal I'm afraid.

 

Funny you posted that, I saw a traffic warden only last week sticking a ticket on a car parked half and half past the clearway sign at the side of KFC nr Carlton Rd. Many people don't realise this law but it IS for safety reasons.....

 

Utter garbage.

The signs are there to give advance warning of the clearway.

Darwin Road, nor any part of it, is NOT a clearway and anyone who has paid these fines needs to seek legal recourse.

[truman]

Utter garbage.

The signs are there to give advance warning of the clearway.

Darwin Road, nor any part of it, is NOT a clearway and anyone who has paid these fines needs to seek legal recourse.

 

I've just had a look on streetview at Carlton Road...are you saying that the clearway signs outside KFC don't indicate where the clearway actually starts? Same for the ones on Darwin Road...if they don't indicate the start of the clearway then where can I assume the clearway does start?

[Cyclone]

The highway code simply says that these signs indicate the start of a clearway.

 

http://goo.gl/maps/iR8md

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_070642.pdf

 

What needs to be done to create a legally enforceable clearway is another question.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/223943/traffic-signs-manual-chapter-03.pdf

The documentation here, around page 72 does seem to indicate that SCC have incorrectly used a rural clearway in a clearly urban environment where they should have used an urban clearway.

But since they have, the signs indicating the start of the clearway don't appear to be advisory, they appear to indicate where the clearway starts.... Assuming that the clearway was created correctly (I still didn't find what kind of order is required to create a clearway, if that order only specifies the main road then presumably that is the legal definition of where the clearway exists, and the signs are required, but don't themselves actually define anything).

[ANGELFIRE1]

We don't have this problem out in the sticks. Great in'it.

 

Angel.

[truman]

The highway code simply says that these signs indicate the start of a clearway.

 

http://goo.gl/maps/iR8md

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/documents/digitalasset/dg_070642.pdf

 

What needs to be done to create a legally enforceable clearway is another question.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/223943/traffic-signs-manual-chapter-03.pdf

The documentation here, around page 72 does seem to indicate that SCC have incorrectly used a rural clearway in a clearly urban environment where they should have used an urban clearway.

But since they have, the signs indicating the start of the clearway don't appear to be advisory, they appear to indicate where the clearway starts.... Assuming that the clearway was created correctly (I still didn't find what kind of order is required to create a clearway, if that order only specifies the main road then presumably that is the legal definition of where the clearway exists, and the signs are required, but don't themselves actually define anything).

 

Yep,as I understand it the signs do denote the start of a clearway..so the last (first) 10 yards or so of these roads is part of the clearway...so a parking ticket received there would appear to be lawful...

[PandaJuggler]

A local resident trying to get home. It's not a genuine emergency, or a reasonable excuse for parking in contravention of restrictions, is it?

 

I never claimed it was any kind of emergency. I clearly stated that the individual parked illegally by mistake. She had even moved on from another space having decided it was too close to a junction.

 

Here's what I would hope: that the adjudicator would see a genuine story, a local resident forced several streets away from her home by match day traffic, who drove around in circles on packed dark streets and then made a mistake when at last she spotted a space.

 

Some people (though not the above) are tempted to park illegally, just as some people are tempted to ignore a persons story to gather in fines and meet targets.

Edited January 13, 2014 by PandaJuggler
spelling mistakes!

[Planner1]

What needs to be done to create a legally enforceable clearway is another question.

 

Put in place the required legal order and signs / lines, just like any other legally enforceable restriction.

 

---------- Post added 13-01-2014 at 12:35 ----------

 

I never claimed it was any kind of emergency. I clearly stated that the individual parked illegally by mistake. She had even moved on from another space having decided it was too close to a junction.

 

Here's what I would hope: that the adjudicator would see a genuine story, a local resident forced several streets away from her home by match day traffic, who drove around in circles on packed dark streets and then made a mistake when at last she spotted a space.

 

Some people (though not the above) are tempted to park illegally, just as some people are tempted to ignore a persons story to gather in fines and meet targets.

 

Erm, why are you dragging up posts from well over a year ago?

 

An adjudicator will concern themselves with the question "has a contravention occurred", which will cover whether there is a legaly enforceable restriction in place (ie competent legal order, correct signs, lines)and is it proven that the driver parked in contravention of it (there is usually photographic evidence).

 

Driver error for whatever reason is not accepted as a mitigation. No-one can ever know what a driver's real reason might have been for parking in contrvention. They either are or are not in contravention. If they are, they get a ticket unless they can clearly show there was an acceptable mitigation (like a genuine medical emergency etc) Most PCN's result from errors of some kind and the idea of the fine is that it reminds drivers to think and ensure that they park legally in future.

Edited January 13, 2014 by Planner1