Parking ticket question
Today my o/h has got a ticket for parking here (big red rectangle).
Can she park here legally or not? I think she can, as the opposite side has a single yellow line on it, the other side has nothing.
There are no yellow lines, no notices anywhere to say no parking. The only possible giveaway is the light yellow slabs either side of the hump which have raised bumps, like you would at a pedestrian crossing. There are no driveways being blocked either.
A quick presual of the hgihway code brings up nothing obvious
For the holier than thou amongst us, im not trying wriggle out of this, if its a valid ticket it’ll be paid.Posted 4 years ago
She’s just text me to say the notice says “parked in a special enforcement area adjacent to a dropped footway (27)”.Posted 4 years ago
The footway has not been dropped, the road has been raised by the mains of a speed bump. Im wondering whether this is an overly keen PCSCO trying to up their figures?mattbeeSubscriber
Strikes me as a daft place to park when there’s space about 30m up the road under the lamppost that wouldn’t block a driveway or crossing point.. Unless there were dozens more cars there when the incident happened. School drop off by any chance?Posted 4 years ago
As for the ticket, daft parking or not the road markings are a bit rubbish. I’d pay and give her some grief about it myself…treaclespongeMember
The footway has not been dropped, the road has been raised by the mains of a speed bump
I suspect by the newer looking kerbs that it used to be dropped and the bump was installed after the crossing and the crossing retained. Also the bricks on the top making a ‘path’ from one side of the bump to the other. Otherwise it would just all be tarmac.Posted 4 years ago
Further reading HERE suggests they have used the wrong code. Code 27 is for a dropped kerb, code 28 is for a raised carriageway, which is where she parked.Posted 4 years ago
As mentioned on that thread I’ve linked, its a common place to park and its not immediately obvious that you cant park there.MarkSubscriber
I’d appeal on the grounds it’s confusing since there’s a restricted parking single yellow line on the other side and no signage. If you don’t win and they improve the signage and remove that confusing yellow line then all the better for everyone and appealing costs nothing but your time.Posted 4 years ago
It’s your moral public duty to appeal 😉
globalti – Member
So what if my sister with MS had pootled along in her mobility scooter, wanting to cross the road at that point?
Not exactly disagreeing with the sentiment, but, could she not cross at the dropped kerb 10 feet away instead?
Do agree it is not a good place to park regardless of legality. But at the same time, easy to see how someone could interpret it as just being a traffic calmer.Posted 4 years ago
The kerbs were only replaced when the humps were installed. To the best of my knowledge there was no dropped kerb there previously. My logic for parking there would be based on the lack of yellow line on that side.
I think we’ll appeal on the grounds of ambiguity due to lack of clear markings etc. That and the wrong code used.Posted 4 years ago
Didn’t say that Drac. Just saying it’s not the end of the world on this particular road, where there’s other safe easy crossing points within yards. We’ve got a similiar disabled crossing near my house, hardly anyone ever uses it despite the extensive granny population… Rather than diverting up to the crossing, they just cross wherever they feel like, like anyone else does.
I’m working on the basis here that the car wasn’t parked there because **** disabled people- it was parked there because it’s not that clear that it’s a crossing and they mistook it for a speedbump. I wouldn’t park there myself but I can see both sides. If it’s essential for safety that it be kept clear, why isn’t it marked better?Posted 4 years agomiketuallySubscriber
So why is there a yellow line on one side? If you can’t park there anyway, why add a yellow line to indicate restricted parking?
It looks like the yellow line extends all the way along the road, not just for the crossing.
It is illegal to park blocking a dropped kerb, regardless of lines or signage.Posted 4 years agozilog6128Subscriber
The fact that it may/may not be either a dropped kerb or raised carriageway is irrelevant – it’s a pedestrian crossing, specifically of the type “uncontrolled crossing”, which can be (but does not have to) be marked.
Parking on any ped crossing is not allowed (rule 240 of the Highway Code).
Bang to rights I’d say! 🙂 And extremely inconsiderate of other people in any case.Posted 4 years agoCougarSubscriber
The tactile surface would indicate a crossing; it’s there so that blind people can differentiate between pavement and road in the absence of a difference in surface height.
Ergo, she parked on a crossing, which is illegal (THC rule 191).
However, the ticket is for a different offence, parking next to a dropped kerb (THC rule 243). Therefore, whilst she has committed an offence, the ticket is unenforceable.
If it’s issued by the council / police / TfL, challenge it. If it’s issued by anyone else, throw it in the bin.Posted 4 years ago
bigyinn – Member
Whilst I accept she shouldn’t have parked there, the PCN issuer should be using the correct codes.
In your first post you said you thought she was legally parked.
Now you accept she wasn’t legally parked but you still aren’t going to pay the ticket because of an accidental mistake concerning the code number (dropped curb Vs raised carriageway)
Both codes relating to parking illegally on pedestrian crossings that use very slightly different construction methods.
You also said in your first post ..
… I’m not trying to wriggle out of it..
I beg to differ.Posted 4 years ago
nealglover, I am now in possession with more facts than I was previously.Posted 4 years ago
Yes am I am going to contest it on a technicality.
However there is the point that the ticket is potentially wrong. At what point do you roll over and pay up, Im not sure. But I’d rather not pay out £35 on an incorrect fine thanks.
There is also the issue of the person issuing the ticket not knowing the subtle differences between offences.
But dont let that put you off putting me down from your high horse. 😆
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