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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64136
Experience:  Over 5 years in practice.
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I have been issued a parking ticket for parking across a

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I have been issued a parking ticket for parking across a pavement. The road to the rear of my property is very narrow and when I pulled up I decided to pull the car across the pavement on a section where there were double yellow lines. My car was entirley off the road, with nearly half of the car on my property (entrance to my garage) and the rest on the pavement. The council issuing the fine argue that the double yellow lines apply to the pavements as well and are enforcing it despite my protests. As I had parked on my property, but with half the car across the pavement, are the council right to enforce this fine? Many thanks Simon XXXXX

Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

If I understand you correctly, you parked upon a pavement with the double yellow lines on the road then you actually raise an interesting point that I've considered before.

I know that Councils are regularly fining on this basis. I must admit that my view of it is that they are wrong. The yellow lines prohibit parking upon the tarmac not upon the pavement.

However, the problem with this is two fold. There is a separate contravention that prohibits parking on pavements. It must be said that councils tend not to amend parking fines from the incorrect one to the correct one. CPS are always amending indictments and charges to the correct one but Councils generally won't.

The other problem is that Adjudicators are regularly enforcing these fines. Until there is a clear dictum from the Court of Appeal to the contrary it is to be expected that they will continue. Obviously not all Adjudicators will enforce a fine of this nature but its a risk that you will get a stickler and it depends on your appetite for risk.

Overall, I think I would contest it but then I tend to be more comfortable with risk than many.

Can I help further?

Jo
Customer: replied 1 year ago.


Can I check if you knwo the process by which I would take this further? As far as I am aware I need to wait for them to contact me but at what point would I need to engage legal representation?


I do want to contest this further but cant weigh the risk up until I know how much i risk spending.


 


Thanks

Expert:  Jo C. replied 1 year ago.
You would need representation for this. Its all a paper exercise. You can ask for an oral hearing but not many people do.

You just appeal informally to the council, then formally to the council and then to the adjudicator. They will warn you of a risk of costs but costs orders are as rare as unicorns and anyway for a very low sum.

The risk is that the sum of the fine will increase to a maximum usually of about £180.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64136
Experience: Over 5 years in practice.
Jo C. and 2 other UK Traffic Law Specialists are ready to help you

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