Parking Ticket Appeals Delay = Ticket Cancelled

[louca001]

Hi everyone

 

Has anyone else had a parking ticket cancelled due to the length of time it took for the council to review and reply to the appeal?

 

I parked on Ash Street, S6 in April as I had a dental emergency. As it transpires there's a 10 meter section of the road before the "end of urban clearway" sign is displayed and the council aggressively enforce this with parking tickets.

 

Anyway, I appealed the ticket as the specific rules and regulations of a clearway definitely state that "On a 24-hour clearway, the prohibition of stopping applies only to the main carriageway." Ash Street is not part of the main carriageway (Langsett Road) and is therefore exempt from any parking restrictions unless otherwise stated. Since there are no signs, yellow lines or kerb markings indicating that parking is restricted on Ash Street this penalty charge notice had been wrongfully and unlawfully issued.

 

I didn't hear anything for ages and ages then last week I got an email reply saying that the council had reviewed my appeal and on this occasion had decided to take no further action.

 

I think it's due to the lack of available staff to carry out administrative functions while the European Referendum was occurring. Just a thought.

[geared]

You don't think they know you were right and are just abit late getting back to you?

[Cyclone]

The clearway deliberately extends to keep the main route clear for the tram.

 

The main carriageway would mean that it didn't include the pavements wouldn't it? Not that it didn't include all the roads that were included in the clearway order.

 

I presume you ommitted the next sentence in the regulation because it makes it clear what "the main carriageway" refers to.

 

On a 24-hour clearway,

the prohibition of stopping applies only to the main carriageway.

You may stop in a lay-by unless there are signs to say otherwise

 

It doesn't in any way mean that side roads that are included in the clearway are not covered. The carriageway is the part of the road on which carriages (or cars) travel. That sentence exists to make it clear that pavements, laybys, bus stops and anything that isn't part of the road itself isn't covered.

 

And the end of the clearway is very clearly marked.

 

https://www.google.co.uk/maps/@53.3949855,-1.4888957,3a,75y,4.75h,86.71t/data=!3m6!1e1!3m4!1sQRjVl8dpE8LFBJMcgTP4sA!2e0!7i13312!8i6656

 

I guess you've got away with it this time though, due to the council being too busy to reject your appeal in a timely manner.

Edited August 16, 2016 by Cyclone

[louca001]

The clearway deliberately extends to keep the main route clear for the tram.

 

If a was vehicle parked on Ash Street with its arse hanging out it would be in direct violation of the clearway rules anyways.

 

The main carriageway would mean that it didn't include the pavements wouldn't it?

 

It doesn't, people legally park on the islands outside the Spot On Snooker Club further down all the time. There are other bylaws protecting all pavements in Sheffield.

 

I guess you've got away with it this time though, due to the council being too busy to reject your appeal in a timely manner.

 

Maybe.. I think everything is open to interpretation. We'll never know as they didn't say in their email.

 

I would totally pay the fine if they said "no you're wrong here's the rules, you misinterpreted them, you loose."

 

Guess it would have to go before a judge for a proper decision but I sure wouldn't be prepared to go that far

 

There are other areas in Sheffield where yellow lines have been painted at the junctions of clearways and side streets so there seems to be an inconsistency.

[Cyclone]

There is no requirement to yellow line a clearway, that's the entire point isn't it.

[louca001]

There is no requirement to yellow line a clearway, that's the entire point isn't it.

 

So why yellow line the lay-bys if they're part of the clearway?

[truman]

So why yellow line the lay-bys if they're part of the clearway?

 

To control the parking in them?

[louca001]

To control the parking in them?

 

So we're using yellow lines in the lay-bys to control parking but not on the side streets which aren't part of the main carriageway?

 

You don't work for Sheffield council do you?

[Cyclone]

So why yellow line the lay-bys if they're part of the clearway?

 

The legislation you quoted specifically says that lay-bys are NOT covered by the clearway.

 

---------- Post added 16-08-2016 at 16:37 ----------

 

So we're using yellow lines in the lay-bys to control parking but not on the side streets which aren't part of the main carriageway?

 

You don't work for Sheffield council do you?

 

You don't understand what "main carriageway" means. It doesn't mean "main road", it means the part of the road on which cars drive. This includes side streets (if cars can drive on them) it doesn't include lay-bys because they are for parking, not driving.

 

This is why the side street, where you parked, was still covered, because you were parked in "the main carriageway" of a road that was covered by the clearway.

If you had been in a lay-by, then you would have been okay (unless yellow lines were painted in the lay-by).

[truman]

So we're using yellow lines in the lay-bys to control parking but not on the side streets which aren't part of the main carriageway?

 

You don't work for Sheffield council do you?

 

A clearway means no stopping,not just no parking...there is a subtle difference..as Cyclone says the laybys aren't covered by the clearway rules so that''s why they have yellows..to control the parking on them..