Parking fines
- Thread starter lou5590
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Parking fines
Is it within a parking zone?
Dom
Dom
A close-up of the sign would confirm, but it looks like a parking zone. This has signs at each entry point, then just signs on poles where restrictions change, like the one outside Jessops. Within the zone, no lines needed. Often used where an area is easily defined and cheaper than lines everywhere.
I think we're on the right lines here, but, to clarify:
Double Yellow Lines (DYLs) mean No Waiting at any time. As has been already stated, there doesn't need to be a sign backing the lines up and haven't been required for around a decade.
Any areas where the lines only apply at certain times of the day, eg, 07:00 - 10:00 or 16:00 - 19:00 would be shown by single yellows but would need plates to support the lines. These would be on roads into or out of town centres at peak hours and would probably only apply on weekdays, or could be near a school with the time plates applying most likely at times kids are being collected or dropped off. Alternatively, there could be "Controlled Zone" signs at the entrances and exits to these areas. I was a little surprised to see "Restricted Zone" signs in the Street View images above. I probably need to update my Highway Code to see if that sign is there now. Not quite sure whether the latter sign is something the local council has knocked up or whether it is legally constituted.
As has also been mentioned above, yellow lines apply both sides of the kerb. The term in question is "Building line to building line" or "Boundary line to boundary line" if there are no buildings.
As to obstructing the road, the more up to date legislation applies to "Unnecessary Obstruction" just as if someone's parked across your drive. In addition, the obstruction offence is fairly flexible. Parking on the pavement could, I repeat could, be an Unnecessary Obstruction. It does depend upon a Police Officer's or TPCSOs (in some force areas) assessment of the situation, which could in turn depend on the Force in question. GMP, for example, tend to work on the double baby buggy rule. In other words if a pedestrian can push a double baby buggy past the car then there is no offence.
If a driver stops in the road and causes other traffic to have to stop too then that can be an offence. But, if the road is wide enough, or lightly trafficked enough then there is no offence. "Un Obs" could also apply in the aforementioned "10 metres from a junction". If there are two vehicles on opposite sides of the road and between them they're causing an obstruction then a Cop/TPCSO would issue a ticket to each car and let them sort it out in Court.
I'm not sure about Andy's assertion that "double yellow lines are a restricted time limit...." DYLs apply 24/7 although they used to be time limited after a fashion. Where my parents live are DYLs that used to have a supporting plate that stated "7am to 7pm" but now they conform to the newer regs. Still on Andy's post, it is a legal requirement for single or double yellows to have an end bar. If it is not present the lines are not enforceable. As for patching, we only deal with Magistrates Courts not parking tribunals who make their own judgements based on evidence provided. Lines can be described as Good, Average or Poor and if a section of lines has been obliterated due to roadworks then anyone issuing where that is the case should be responsible enough to judge each case on its merits. The Magistrates and the issuer of the ticket should be able to assess objectively whether the repairs compromise a driver's ability to tell if there is a restriction. A 6' gap in the lines shouldn't make any difference, but a 100 yard gap should void the restriction. Distances in between will be open to interpretation. If he/she is doing their job properly the Mags should back them up. The difference between a Police ticket and a local authority one can be that when disputed, a PC or TPCSO would have to attend Court to argue the case on behalf of the CPS whereas at a parking tribunal it is usually the "defendant" who puts his case to an adjudicator.
For instance, we have problems at times at a pub near the airport because the beer garden backs on to the airfield and on sunny days the car park fills up quite quickly and despite DYLs and No Waiting cones put out as a courtesy drivers decide that they should leave their cars on the road or footpath. On some days Blue Badge holders are among the worst offenders. Even when announcements are put out over the Pub's P/A system for drivers to remove their vehicles the Blue Badge holders tend not to emerge, instead relying on their perceived immunity from prosecution on roads with DYLs. They often leave their cars on the pavement causing pedestrians to have to walk in the road; they seem oblivious to the irony that their inconsiderate parking may end up causing currently able bodied people to be injured and result in them needing a Blue Badge themselves. Most of those drivers end up being ticketed for Un Obs.
Double Yellow Lines (DYLs) mean No Waiting at any time. As has been already stated, there doesn't need to be a sign backing the lines up and haven't been required for around a decade.
Any areas where the lines only apply at certain times of the day, eg, 07:00 - 10:00 or 16:00 - 19:00 would be shown by single yellows but would need plates to support the lines. These would be on roads into or out of town centres at peak hours and would probably only apply on weekdays, or could be near a school with the time plates applying most likely at times kids are being collected or dropped off. Alternatively, there could be "Controlled Zone" signs at the entrances and exits to these areas. I was a little surprised to see "Restricted Zone" signs in the Street View images above. I probably need to update my Highway Code to see if that sign is there now. Not quite sure whether the latter sign is something the local council has knocked up or whether it is legally constituted.
As has also been mentioned above, yellow lines apply both sides of the kerb. The term in question is "Building line to building line" or "Boundary line to boundary line" if there are no buildings.
As to obstructing the road, the more up to date legislation applies to "Unnecessary Obstruction" just as if someone's parked across your drive. In addition, the obstruction offence is fairly flexible. Parking on the pavement could, I repeat could, be an Unnecessary Obstruction. It does depend upon a Police Officer's or TPCSOs (in some force areas) assessment of the situation, which could in turn depend on the Force in question. GMP, for example, tend to work on the double baby buggy rule. In other words if a pedestrian can push a double baby buggy past the car then there is no offence.
If a driver stops in the road and causes other traffic to have to stop too then that can be an offence. But, if the road is wide enough, or lightly trafficked enough then there is no offence. "Un Obs" could also apply in the aforementioned "10 metres from a junction". If there are two vehicles on opposite sides of the road and between them they're causing an obstruction then a Cop/TPCSO would issue a ticket to each car and let them sort it out in Court.
I'm not sure about Andy's assertion that "double yellow lines are a restricted time limit...." DYLs apply 24/7 although they used to be time limited after a fashion. Where my parents live are DYLs that used to have a supporting plate that stated "7am to 7pm" but now they conform to the newer regs. Still on Andy's post, it is a legal requirement for single or double yellows to have an end bar. If it is not present the lines are not enforceable. As for patching, we only deal with Magistrates Courts not parking tribunals who make their own judgements based on evidence provided. Lines can be described as Good, Average or Poor and if a section of lines has been obliterated due to roadworks then anyone issuing where that is the case should be responsible enough to judge each case on its merits. The Magistrates and the issuer of the ticket should be able to assess objectively whether the repairs compromise a driver's ability to tell if there is a restriction. A 6' gap in the lines shouldn't make any difference, but a 100 yard gap should void the restriction. Distances in between will be open to interpretation. If he/she is doing their job properly the Mags should back them up. The difference between a Police ticket and a local authority one can be that when disputed, a PC or TPCSO would have to attend Court to argue the case on behalf of the CPS whereas at a parking tribunal it is usually the "defendant" who puts his case to an adjudicator.
For instance, we have problems at times at a pub near the airport because the beer garden backs on to the airfield and on sunny days the car park fills up quite quickly and despite DYLs and No Waiting cones put out as a courtesy drivers decide that they should leave their cars on the road or footpath. On some days Blue Badge holders are among the worst offenders. Even when announcements are put out over the Pub's P/A system for drivers to remove their vehicles the Blue Badge holders tend not to emerge, instead relying on their perceived immunity from prosecution on roads with DYLs. They often leave their cars on the pavement causing pedestrians to have to walk in the road; they seem oblivious to the irony that their inconsiderate parking may end up causing currently able bodied people to be injured and result in them needing a Blue Badge themselves. Most of those drivers end up being ticketed for Un Obs.
Are they real blue badge holders or people using grannies badge, do you check the photos?
I don't class that entry sign as appropriate, far too much going on at the junction easy to miss
I've confiscated 2 badges over the last couple of years but unless an officer is prepared to wait until everyone in the car's come out of the pub that's unlikely to happen. My mother used to use her mother's badge when she used to take her into Manchester to cognitive therapy experiments at the university but after dropping her off would collect the car and put it in the car park. If when she returned and was challenged by a parking attendant there would have been no badge holder to prove her entitlement to the badge.
But it can be a real problem because as you intimated, there are plenty of people who use badges they're not entitled to. One problem that does exist in quite large numbers is the holder of the badge who uses it when he or she is carrying someone who isn't entitled to it. In other words, Mr. Badge Holder with a disability is picking up his son who is not disabled but thinks he is entitled to use the badge for that purpose. There are also a large number of people who stick the badge (with or without the clock) on the dashboard whether they need it or not. In fact, some people drive round with the badge permanently on the facia.
