I can appeal a parking ticket on the grounds of bad spelling, right?

[foxy lady]

The poster admitted parking on a single yellow line so must have known that restrictions apply. If the poster could not find out what the restrictions were then they should have parked somewhere else. A general rule of thumb is that parking is restricted during weekday business hours. This is not always the case but I'm sure the poster was aware that they ran the risk of being fined due to their rather cavalier approach to parking.

 

Parking restrictions are placed on roads to ensure that access can be gained to premises or to make sure the highway is clear and safe for other road users. It is a shame that some rather selfish people think they have the right to potentially inconvenience others and then try to squirm out of any consequence levied for their inconsiderate actions.

 

And the obligation is on those administering a parking scheme to ensure that any parking restriction times are fully notified to the public. A single yellow line merely indicates that parking restrictions apply. It does not indicate when they apply just that parking is permitted there at certain times.

If the road is not within a designated zone, then it is a requirement that restrictions are cleary visible on signs. If there is a failure on behalf of a local authority to clearly and correctly mark the road or display the signs the restrictions are not enforcable. Indeed it would be an offence to issue tickets in such circumstances.

Edited June 14, 2016 by foxy lady

[peak4]

The rules for controlled parking zones.

 

 

 

4. The CPZ must not be excessively large - guidance says no more than ten streets. (EDIT: actually a dozen)

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496987/operational-guidance.pdf - see P 140 regs D5 and D6

 

 

 

But as you say yourself Obelix, that is "Guidance" rather than the actual law, so I believe it is a bar to prosecution.

Hence my comments about consulting folks at pepipoo as well, once all the material facts have been established.

i.e. is the street name correct? is it in a CPZ? etc.

 

Then after that, were the representations to the council dealt with correctly, if the council rejects them?

 

Obelix, I'm sure you realise this, but for other folks reading it, this dialogue relates to a decriminalised parking offence, where the council must get pretty much everything correct for a successful prosecution.

A criminal offence such as speeding, DWDCA etc. allows for certain errors on the NIP. i.e. Contest the NIP by going to court, and the errors on the NIP become largely irrelevant, as the trial will be based on the facts of the alleged offence.

[carosio]

Quite a few years ago I overstayed a parking meter on Sydney St by a few minutes and got a windscreen ticket. The time written on it was 12.47 but he had altered it (with his biro) to a 9. As it was unclear whether it was 47 or 49 I wrote to them asking for the correct figure and they just cancelled the ticket.

[Nagel]

If you cannot prove that you were parked on a different street to that shown on the ticket then it's unlikely you'll win an appeal.

 

On the signage issue, if there are yellow lines and you can't see a plate then don't park is my mantra. Having had several parking tickets in several countries I haven't had one since adopting that stance.

 

The council very conveniently post their photos which you can access on their site with your car registration and the penalty charge number. They took ten pictures from various angles that prove conclusively that I wasn't parked on Arley Street.

 

Also the time on the ticket doesn't tally with the time on my credit card receipt.

 

I had no idea that the Highfields CPZ even existed. I'm well aware of the City Centre CPZ as it is clearly marked.

 

I entered the Highfields CPZ by exiting the St Marys Gate roundabout onto Bramall Lane. I have made that turning hundreds of times and I've never seen the sign showing the boundary of the Highfields CPZ.

 

So I looked on Google Streetview to find it. Yes, it's there, but how can any motorist possibly notice it and then have the time to read it? It's an extremely busy roundabout which requires total concentration on what the other traffic around you is doing. The CPZ sign is right at the roundabout exit.

 

You can see a typical view of one of the signs here on Google Streetview, just to the right of the truck cab https://goo.gl/maps/UMLiW5PUTRz

 

The sign on the other side of the road is completely obscured.

 

The likelihood of reading the sign is even further reduced as the two lanes that exit the roundabout merge into one lane immediately on entering Bramall Lane. Any safe driver will be paying their full attention to their rear view mirrors and the position of all the surrounding vehicles in order to avoid a collision at that point. The CPZ is positioned where no driver has the chance to register it and read its contents.

[Obelix]

The council very conveniently post their photos which you can access on their site with your car registration and the penalty charge number. They took ten pictures from various angles that prove conclusively that I wasn't parked on Arley Street.

 

Also the time on the ticket doesn't tally with the time on my credit card receipt.

 

I had no idea that the Highfields CPZ even existed. I'm well aware of the City Centre CPZ as it is clearly marked.

 

I entered the Highfields CPZ by exiting the St Marys Gate roundabout onto Bramall Lane. I have made that turning hundreds of times and I've never seen the sign showing the boundary of the Highfields CPZ.

 

So I looked on Google Streetview to find it. Yes, it's there, but how can any motorist possibly notice it and then have the time to read it? It's an extremely busy roundabout which requires total concentration on what the other traffic around you is doing. The CPZ sign is right at the roundabout exit.

 

You can see a typical view of one of the signs here on Google Streetview, just to the right of the truck cab https://goo.gl/maps/UMLiW5PUTRz

 

The sign on the other side of the road is completely obscured.

 

The likelihood of reading the sign is even further reduced as the two lanes that exit the roundabout merge into one lane immediately on entering Bramall Lane. Any safe driver will be paying their full attention to their rear view mirrors and the position of all the surrounding vehicles in order to avoid a collision at that point. The CPZ is positioned where no driver has the chance to register it and read its contents.

 

I would expect an appeal on the basis that the CPZ signs are not easily read, for the distraction you mention to succeed.

 

However, the fact they have the wrong street and time means that you should be able to just tick the box saying there is no contravention as you were not where they said you were.

 

It is permissible to amend a ticket if there is a genuine mistake in the name that is obvious -say someone wrote Main Street and it's actually called Mayne Street. Sheldon road to Arley road though even though they are next to each other is going to be a problem. What was the recorded offence code? I can't see the photobucket link due to a works firewall...

[peak4]

No offence code shown on the pic on photobucket

[truman]

No offence code shown on the pic on photobucket

 

It says "Parking in a restricted street during prescribed hours"

[Obelix]

It says "Parking in a restricted street during prescribed hours"

 

Next question then for Nagel is do the photos show hes parked on a single or double yellow? (if he's in the bays then they made a procedural error and it's the wrong offence code - easy to dismiss as no contravention).

 

If the car was parked on single yellow you can contest the time, especially if that is outside of the restricted hours. You of course still have the fact they recorded that it was on a different street! Is this your ticket? It appears to have been affixed to the wrong car - look the street on the ticket is not the same as the photos, and it's not even only slightly different! Also how are you to see the CPZ signs next to the roundabout? (bit dodgy this if you are on double yellows though!)

 

I think this is easily dismissed but as others have said got registered on Pepipoo and get them to have a look and advise - they know their stuff.

[RootsBooster]

Next question then for Nagel is do the photos show hes parked on a single or double yellow? (if he's in the bays then they made a procedural error and it's the wrong offence code - easy to dismiss as no contravention).

 

If the car was parked on single yellow you can contest the time, especially if that is outside of the restricted hours. You of course still have the fact they recorded that it was on a different street! Is this your ticket? It appears to have been affixed to the wrong car - look the street on the ticket is not the same as the photos, and it's not even only slightly different! Also how are you to see the CPZ signs next to the roundabout? (bit dodgy this if you are on double yellows though!)

 

I think this is easily dismissed but as others have said got registered on Pepipoo and get them to have a look and advise - they know their stuff.

 

I think his best argument will be the street name that they got wrong.

[Obelix]

I think his best argument will be the street name that they got wrong.

 

I'd agree. However if the photos show he's parked on double yellows on the street then that's not going to help.

 

However you can't be nailed twice for the same thing. So if the adjudicator tells the council to sling their hook that's it. If the adjucator is having a bad day and allows the location to be amended you are bang to rights....

 

Post it on pepipoo (and watch out for the abrasive posting style don't wind them up just answer their questions however asinine they may seem there is a reason for them being asked) They will give you the best answers.