ciderman22 Posted November 25, 2006 Report Posted November 25, 2006 I recently was issued a parking ticket for parking on some yellow lines that were NOT painted by Rochdale Council but were painted by the company that the lines were outside of. I challenged the fine but was told these lines were enforcable and told to pay up. I know for a fact that these lines were painted by the company themselves because I work there. Surely these cannot be legal and if anything is an act of vandalism. The lines are not even painted correctly as there is no T bar panted at the ends. Is there any way I could get access to a map of where Rochdale council have painted Double Yellow lines or is there anything else I could do? Thanks.
Badura_Racing258 Posted November 25, 2006 Report Posted November 25, 2006 I could help get you around it in scotland, but all the laws in England are different. I doubt your liable, but what they say goes is always the case.
The London Allstar Posted November 25, 2006 Report Posted November 25, 2006 if you want jsut a map of the street try google earth or www.flashearth.com
kendo912 Posted November 25, 2006 Report Posted November 25, 2006 Hmm, toughy Cid. You could pay it then take them to a small claims court to argue your case and get the money back. Is there an appeal section on the back of the parking notice? I suppose it's all going to depend how far u are willing to take it, but itf it's the company that u work for which have done it to deter people parking there then surely they should do the decent thing and pay it for you or certainly give u a letter saying that it was them that painted the line.
wrighty496 Posted November 25, 2006 Report Posted November 25, 2006 Hi Cider, As Kendo says, its a toughie but i had a quick look and found this page by Leicestershire borough council which mentions the following..... How long does it take to get yellow lines put in? * Yellow lines need a legal process called a Traffic Regulation Order. This can take anything from 6 months to several years, depending on consultations and objections. We assess requests and give priority to safety issues. This implies that private companies can have the lines put down by prior request, but I'd query whether the TRO is in place (probably by asking Rochdale Borough council here or the Highways Agency)......if it is, you might be bang to rights lol, if not then it might serve as the basis of a worthy appeal. Request more info with the street address etc. best wishes ....... Wrighty
wrighty496 Posted November 25, 2006 Report Posted November 25, 2006 oh and tread carefully m8, its all fine and well 'fighting the good fight' but its your own employer lol........gan canny lad
Andy543NI Posted November 25, 2006 Report Posted November 25, 2006 when i was over for the national hot rod world final i noticed in london someone else in a similar pickle..... some poor lad got his bike clamped saw it and had to take picture
xTx Posted November 25, 2006 Report Posted November 25, 2006 three things you can do. 1. take photos that show the yellow line is not t-barred and / or not signed properly. This means that the section of yellow line where you got the ticket did not not have a sign on a post within 60 metres of your car specifically stating the parking restriction. Write that the ticket is unenforcable as the council did not allow you to make an "informed decision" about where to park legally. 2. claim that you were unloading. Get a copy of a delivery note or invoice from any business that delivered to your employer on the day the ticket was issued. Write "i was not parked but unloading goods to .... " and include a copy of the delivery note/invoice with the appeal. 3. Most parking tickets do not comply with the road traffic act in that they do not state the "date of contravention" in the correct place on the ticket. So wait until the notice to owner arrives then appeal that on the grounds that "the penalty charge notice does not clearly state the date of contravention". All these methods should succeed in getting the ticket overturned. The council will probably not cancel the ticket when you first write but will advise you to pay the ticket or wait until a notice to owner is issued. When you receive the notice to owner do not tick any of the "grounds of representation" boxes but instead write "see attached sheets" in the statement box and simply return with copies of your original appeal. Again the council will probably not cancel the appeal but will send you a form for the Parking Appeal and Traffic Appeal Service (PATAS). Again simply attach further copies of your original appeal and send it off. If possible send all letters recorded delivery as authorities have a habit of not receiving appeals. Also head appeals "to whom it may concern" and sign off "I therefore submit this PCN be cancelled, yours truly..." as it terms your appeal nice and legally and shows that you know your stuff. I challenge on average 5 PCN's a week, including CCTV and Congestion Charge tickets, on behalf of my employer and win 95% of them. In my experience councils wont go to PATAS as it costs them more then the ticket is worth. Good luck, keep us updated and fight em all the way, xTx
welly Posted November 25, 2006 Report Posted November 25, 2006 (edited) Brilliant response xTx Go get em Cider, the swines at Rochdale did me for parking at Hollingworth Lake and were so sneaky they took photos when they issued the ticket. Edited November 25, 2006 by welly
wrighty496 Posted November 25, 2006 Report Posted November 25, 2006 Brilliant response xTx Go get em Cider, the swines at Rochdale did me for parking at Hollingworth Lake and were so sneaky they took photos when they issued the ticket. be careful with point 2 in xtx's post as you may be exposed as a rampant bullsh1tter (he works there lol, unloading isnt that likely) but aside of that excellent advice
xTx Posted November 25, 2006 Report Posted November 25, 2006 Brilliant response xTx Go get em Cider, the swines at Rochdale did me for parking at Hollingworth Lake and were so sneaky they took photos when they issued the ticket. be careful with point 2 in xtx's post as you may be exposed as a rampant bullsh1tter (he works there lol, unloading isnt that likely) but aside of that excellent advice you could have collected those goods on behalf of your employer, you're still unloading them
The London Allstar Posted November 25, 2006 Report Posted November 25, 2006 or he could of been laoding them in!
ciderman22 Posted November 26, 2006 Author Report Posted November 26, 2006 Thanks for the replys lads. That gives me a few things to do. I'll keep you posted.
ciderman22 Posted December 29, 2006 Author Report Posted December 29, 2006 how you do cider anygud? Somehow the council said the lines were enforcable even though they never painted them, so I reluctently paid it with a view that one way or another I would get my money back from the company.
Cod120 Posted December 29, 2006 Report Posted December 29, 2006 how you do cider anygud? Somehow the council said the lines were enforcable even though they never painted them, so I reluctently paid it with a view that one way or another I would get my money back from the company. utter shoite m8 the council have to apply for planning permission to make them legal.. well up here they do but england has diff laws to us check it out with planning m8
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