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We don't know there wasn't one.
Ealing council parking fines
- Thread starter opps
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The warden took pics of the wrong ****in house, so what does that say about this ticket?
D
dontbelieveawordofit
there’s no mention of one and there would be no argument if there was one.
so lets assume there wasn’t one for the sake of giving everyone something to debate.
do enforcement officers take pictures of vehicles with blue badges in the windscreen and hope the holders get so much attendance allowance they’ll just pay the fine anyway?
It's not the "law", it is a local government by-law, hence parking infractions are PCNs and not FPNs. I would not be defending the fellow if he had parked over his own drive because he was too lazy to reverse on it.
I have since advised him to apply for a blue badge and designated blue badge parking slot out side the house
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As far as i know you can park in front of your drive, unless there's a yellow line
To be fair, I spoke to the fellow today, he had a reply from Ealing to say that they had rejected his appeal. On closer inspection of the photo of the neighbour's house, it does show the pole with the parking notice on it. I still believe that it is not a coincidence that he angled the phone so that it would not show the ramp.
D
dontbelieveawordofit
done it myself. parked outside my own house at the bottom of my drive on double yellows ,because ,ironically a blue badge holder parked a little lower and stopped me reversing in.
got a ticket .
dispute it , you never know. hope you win.good luck.
got a ticket .
dispute it , you never know. hope you win.good luck.
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By-laws are laws, Penalty Charge Notices are backed by statute, these aren't civil breach of terms notice like "parking charge notices" on private land. Giving yourself permission to block your own driveway would be sufficient to cover sec 86 Traffic Management Act
https://www.legislation.gov.uk/ukpga/1980/66/section/137 covers obstructing the free passage along a highway
What amounts to obstruction is a question of fact having regard to the length of time the obstruction continued , the place where it occurred, the purpose for which it was done and whether it caused an actual or potential obstruction the case of https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd990304/jones01.htm is precedent.
In the scenario of the vehicle parked across an exit/egress to a property the argument is that the right of use of the highway is denied when wanting to join but not so when when wanting to pull off onto what will be private land. In the former an offence seems to be committed.
https://www.legislation.gov.uk/ukpga/2004/18/section/86 creates the offence of parking across a dropped footpath but this only applies in a Special Enforcement Area so an Order is needed and it should have signs to this effect.
There are exemptions to this: Permission given by the occupier of property effected, Vehicles used by Emergency services and other Statutory Undertakings, Delivering/Loading goods too heavy to be carried from a legal place - max period allowed 20 mins.
https://www.legislation.gov.uk/uksi/1986/1078/regulation/103/made covers obstruction by vehicles standing on a road.
https://www.legislation.gov.uk/ukpga/1980/66/section/137 covers obstructing the free passage along a highway
What amounts to obstruction is a question of fact having regard to the length of time the obstruction continued , the place where it occurred, the purpose for which it was done and whether it caused an actual or potential obstruction the case of https://publications.parliament.uk/pa/ld199899/ldjudgmt/jd990304/jones01.htm is precedent.
In the scenario of the vehicle parked across an exit/egress to a property the argument is that the right of use of the highway is denied when wanting to join but not so when when wanting to pull off onto what will be private land. In the former an offence seems to be committed.
https://www.legislation.gov.uk/ukpga/2004/18/section/86 creates the offence of parking across a dropped footpath but this only applies in a Special Enforcement Area so an Order is needed and it should have signs to this effect.
There are exemptions to this: Permission given by the occupier of property effected, Vehicles used by Emergency services and other Statutory Undertakings, Delivering/Loading goods too heavy to be carried from a legal place - max period allowed 20 mins.
https://www.legislation.gov.uk/uksi/1986/1078/regulation/103/made covers obstruction by vehicles standing on a road.
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