Parked in what turned out to be a suspended bay/space and got a ticket. However, there were absolutely NO road markings in place. No yellow/red lines. No markings at all either to signify a box or bay/space. Turns out that about 20 yards ahead of me was a temporary bus stop that had been put there, hence the suspension of the “bay/space” (their term).
When I parked I had no reason to suspect there was any kind of parking suspension in place as I just thought as there were no road markings I was free to park there. The nearest (yellow) sign informing me of the suspension to me was 20 yards away.
I pointed this out in a letter of appeal but they rejected it (simply repeating the offence by way of explanation - helpful c***s). Apparently though, they usually reject the first appeal. Before I appeal again (and lose the 50% reduction on the fine) I just wanted to know:
They had signs - my issue is that there were absolutely no markings on the road at all to signify a bay/space. I need to find out whether they can still issue tickets if there are no road markings in place.
oh misread it then, then no if they have put you were in a bay/space and there was nothing on the road to indicate this then they cannot enforce it.
Ask them for a picture of the violation as if they haven’t got one, then it will be almost impossible for them to carry it out.
once I got a letter demanding £120 because I was parked in a bay I should not have been, I said where they said bromley road I said where on bromley road (as it is about 2-3miles long) they said they didn’t have that information…
So I promptly told them to take me to court as I was not going to pay for something if they did not know where I was parked in the same phone conversation they scrapped the ticket…
What is the law in relation to dropping of passengers at a bus stop. I recently dropped off some passengers at a bus stop. The bus stop had no road markings at all. No yellow or white markings of any kind. There was just a lamp post with a bus stop sign. Are you allowed to stop/park and drop of passengers here at this kind of bus stop. What is the prosecution procedure for this type of offence. Is it dealt with by a fine and penalty points.
Local authorities impose restrictions on parking in bus stops by introducing “bus stop clearways” which is done at local level by a Traffic Regulation Order. If such an order is in place then parking in a bus stop can be punished by a Penalty Charge Notice, usually for £30. No penalty points are imposed.
However the road must be marked as a bus stop in accordance with Road Traffic Regulations and General Directions 1994.
If a bus stop clearway is not in place, marking a bus stop on the road does not alone make it illegal to park on it: the marking is advisory and does not carry the weight of law unless backed with No Loading - No Waiting restrictions, again done through a Traffic Regulation Order by the local council. Again this will be enforced by a Penalty Charge Notice.
If there is just a bus stop with a sign and no road markings, then there is likely to be no restrictions on parking there.
However the Government is attracted to the idea of simplifying bus stop restrictions, especially in urban areas, by making all bus stops 24 hour clearways, where no other vehicles may stop on the markings, even to pick up or set down, or load and unload. They intend to consult on changes to the Traffic Signs Regulations to make it easier to introduce such clearways by removing the requirement to make a supporting traffic regulation order.
Go back to the parking bay and take a photograph. Include the bay and where the suspension sign was in the photo. When you print it (on A4 as part of the letter is good) mark clearly where you were parked and where the sign was.
Appeal and then appeal again to the higher level (parking fine court, or whatever they’re called) with a letter saying exactly what happened. The letter I wrote earlier this year is below (it worked by the way):
"I wish to challenge the penalty charge notice as the parking bay was not adequately signposted as being suspended.
The photographs below show that the sign stating that the motorcycle parking bay (“the bike bay”) was suspended was not posted at the bike bay.
You will see from the photographs that I was not the only person parked at the bike bay who had no knowledge that the bike bay was suspended from use – the bike bay is, in fact, full of parked bikes.
Along with many powered bike riders in London, I appreciate Westminster Council’s policy of providing bike bays and I use them every day. I do not want parking tickets and would never seek to park illegally.
In this case, I believed I was parked in full compliance with Westminster Council’s parking policy, simply because there was no information at the bike bay stating that it was suspended for a period of time.
It is on these grounds that I challenge the PCN: the bike bay, which I have used on many previous occasions, was not signposted as being in suspension.
Regards,"
Make sure you ask to go to the court in person. A couple of days before the case, the council will pull out. They always do - they know they’re wrong. Especially as the TfL code states that a bike bay in suspension will have “a yellow sign displayed inside the parking bay”.
Thanks for all the assistance. I took photos at the time and sent a copy in with the original appeal. I guess I’ll do the same again.
From the quote I guess there DOES need to be markings of some description on the road to signify a ‘bay/space’. We’ll see. Definitely not going to give up though.
