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shonabell18
Joined: 02 Aug 2009 Posts: 1
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Posted: Sun Aug 02, 2009 9:30 am Post subject: Ticket For Parking On Pavement!!! |
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Hi there,
I am looking for some effective advise, on saturday i went to my hairdressers and when looking for a parking space there was none however i saw a bicycle stand so i took my scooter and stood it up next to it. When i come back there was a lovely yellow parking ticket on my seat saying i was obstructing , well i thought i could park on the pavement and i was near a push bike stand so is there anything i can do ??? |
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ruairiog
Joined: 27 Aug 2009 Posts: 2
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Posted: Thu Aug 27, 2009 7:08 pm Post subject: Same story |
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well, same thing happened me in belfast. did u park IN the bike space or BESIDE it? Also if there was no sign to say that the spaces where uniquely for cycles then you stand a good chance lol. Another thing that i decided to argue about is that in most cases (including mine) small mopeds are actually taxed as Bicycles (check your tax book) and so in thory your perfectly within your rights to park in them...
make sure the fine stated the right reasons, as my ticket explained tht i was parked on an urban clearway (which was impossible as there was a metal barrier between me and the road.
Please reply if u've any information, or even to say wether you were succesfull or not in pleaing. good luck |
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Poolegan
Joined: 12 Nov 2009 Posts: 4
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Posted: Thu Nov 12, 2009 3:47 pm Post subject: Parking at cycle stand |
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I got a ticket this morning while parking alongside a cycle stand in one of Poole's suburbs. I have appealed it on two grounds.
Firstly that it was a code 02, which is parking in no parking/loading area, I wasn't, I was on the pavement well away from the road, and secondly on the grounds that there is nothing to say a scooter can't park there and that a similar stand in Poole itself is specifically marked for use by motor cycles. The question is how do you tell the difference between the stands where you can and can't park?
Watch this space for the outcome. |
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ruairiog
Joined: 27 Aug 2009 Posts: 2
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Posted: Thu Nov 12, 2009 8:46 pm Post subject: Should get you out of it |
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Hi, i put a post up her earlier in the year when i found myself in the same position, so took it to the tribunal and won the case, so i'll give you all the arguments i used.
Firstly, find the legal definition of both 'pavement' and 'bicycle'. The pavement is defined as a place where public have way of access on foot ONLY, so i argued that unless a person wanted to jump over or magically walk through metal railings, it cant be classed as pavement. Secondly, the bicycle defines all motor propelled engines in the category of small mopeds, so you can argue that if this area is reserved for bikes, you are a bike (check your tax as small engines are usually taxed under bicycles). Also, if you can get photos of the surrounding area showing a lack of signs, as well as another bike area where a sign DOES exist, take a photo of this to show that a sign would be necessary.
Thats everything i can remember, but good luck with it anyway,
Ruairi G |
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Poolegan
Joined: 12 Nov 2009 Posts: 4
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Posted: Wed Nov 18, 2009 10:44 am Post subject: |
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Got a response to my appeal this morning. It was turned down because:
The parking restrictions extend across the entire hghway up to the building line.
If stands are for the use of motorcycles they will be marked as such. They say it is not practicable to have signs at all stands "to advise motorbike users that they can or, more often, cannot use the facility".
So be warned, if it doesn't say you can park, it is safer to assume you can't. It's a waste of the bike racks though as, around Poole at least, they are hardly ever used. |
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