9 replies to this topic

[graphic]

Got a parking ticket after parking on double yellow lines in Cardiff yesterday. I had my Blue Badge and clock displayed so no problem there. The offence is L42 (Unnecessary Obstruction). I can't see any reason why I should have been causing an obstruction and there were three other badge holders who also got tickets. The ticket was issued by South Wales Police (I'm assuming a Traffic Warden as the issuer was W181). It would be a lot easier to just pay up but I'm annoyed because it took me ages to find somewhere to park and I really can't see that I was causing an obstruction. Should I just pay up or can I ask in which way the warden thought I was causing an unnecessary obstruction? As I see it, 'unnecessary' is open to interpretation and I think his idea of unnecessary will be hugely different from mine! Anyone ever appealed against a similar offence?
edit:
I've checked the list of places you shouldn't use a badge and the only one that it could possibly be is 'don't park on a bend'. I was parked on a bend but it was a long, not a sharp bend and I wasn't obstructing anyone's view. Also, it was a three lane road with pay& display places (full) in front of the lines.

Edited by graphic, 07 August 2008 - 11:22 AM.

[cate]

Yes Graphic. Do write and ask nicely why. My daughter was told by a support policeman to move her car, with her disable badge on, ,when she explained she was ok he would not accept it. So she moved, but also rang to query who was correct him or her. and she was, so next time she could argue the point. Also after one of my daughters operations I went round to her house, to get her up etc, and it was parking only for an hour, where I was, and I was over the hour, I wrote explained the circumstances, gave details of hospital she had just come home from and what I was doing there. The parking ticket was in that instance was cancelled, But I did make sure that oi the other mornings, I was not longer than the hour, or parked further away, but where I could park for longer. Sorry I have rambled on a bit. But I would query it,.
Cate

[pikey]

I would appeal.

I think you may find that photographs of your car were taken as back up evidence so if you appeal they would be checked.

[china]

Yes you shold appeal, even if you dont get the result you want at least you'll know the reason why. Yeah ok, a bend is a bend no mater how long but, surely the angle has to be taken into account.

Where to in Cardiff?

Edited by china, 07 August 2008 - 05:29 PM.

[edlee]

You will do well with an appeal,,,since you will be rolling into the office in a wheelchair....

BUT,,, I don't have a lot of sympathy for you for parking in a clearly marked NO Parking Area ( those yellow lines you mentioned).

The only problems I've had with parking is when someone parks on those yellow lined areas adjacent to the handicapped spots. Twice, I have been unable to deploy my ramp because of that.

Both times I have been forced to wait for them to come out..... Both times they had handicap tags on their cars.

These badges are not meant to allow us to ignore trafic laws,,,,,but when I asked an officer about it, he told me that he didn't bother writing the tickets anymore because the magistrate simply threw them out when asked to by someone in a chair.

I guess it comes down to your own, personal, attitude.

Definitly, appeal it,,,,but in future,,,,stay off the yellow lines.
ed

[graphic]

edlee, on Aug 7 2008, 07:15 PM, said:

You will do well with an appeal,,,since you will be rolling into the office in a wheelchair....

BUT,,, I don't have a lot of sympathy for you for parking in a clearly marked NO Parking Area ( those yellow lines you mentioned).

The only problems I've had with parking is when someone parks on those yellow lined areas adjacent to the handicapped spots. Twice, I have been unable to deploy my ramp because of that.

Both times I have been forced to wait for them to come out..... Both times they had handicap tags on their cars.

These badges are not meant to allow us to ignore trafic laws,,,,,but when I asked an officer about it, he told me that he didn't bother writing the tickets anymore because the magistrate simply threw them out when asked to by someone in a chair.

I guess it comes down to your own, personal, attitude.

Definitly, appeal it,,,,but in future,,,,stay off the yellow lines.
ed

Your approval or disapproval of my personal attitude is immaterial. Disabled parking permits issued in the UK allow the holder to park on double yellow lines for up to three hours without breaking parking regulations. This is what they're mainly used for as, apart from out of town shopping centres, wheelchair accessible parking is very limited. Like the majority of badge holders I don't abuse the use of my badge and am quite sensible as to where I park, never knowingly parking where I think I'll be causing an obstruction. As an aside, I won't be rolling into any office as the initial appeal is done in writing. I'm not after a sympathy vote, from you or anyone else.

Edited by graphic, 07 August 2008 - 08:12 PM.

[graphic]

china, on Aug 7 2008, 06:28 PM, said:

Where to in Cardiff?

I was parked in Fitzalan Road, near the bottom of Queen Street. I usually travel into Cardiff from the Bay direction and use the Capitol multi storey although it's very difficult to find a wide bay there that's empty, but on this occasion I came from the direction of Newport Road. Because of the new one way system that won't allow me to turn left near the central bus station I ended up back down Cardiff Bay the last time, so this time I thought it would be a good idea to find somewhere else to park. Although as it happens it wasn't such a good idea!

[Lucydog]

Always always appeal.

Contact your council and ask for a copy of the traffic regulation order to cover that street. This lays down all the road markings that should be there. If just one small bit of line is missing, eg the T bar at the end the ticket isnt valid anyway.

Here are some points for appealing a police issue ticket.

FPNs issued by a police officer or police traffic warden are dealt with through the criminal justice system. The only official system of appeal is to opt to have your case heard in court and plead not guilty.

However, some police forces do allow an informal appeal, when you can write a letter explaining why you don’t think you should have to pay. If this is possible in your area, information about where to write to will be included with the FPN.

Step one
If you are allowed to, write to the Central Ticket Office address on the notice within 14 days of receiving the notice explaining why you think the FPN is wrong or unfair. Include any evidence to support your case, such as receipts, witness statements or photos.

Step two
If your informal appeal is rejected, you will be asked to pay the original fine or opt to have your case heard in the magistrates’ court. If you do nothing, you’ll receive a summons to go to court.

Step three
To opt for a court hearing, fill in Part III on the reverse of the ticket and return it to the address provided.

You will then receive a summons and be asked to fill out and return a Plea and Mitigation form. You can use the Mitigating Circumstances page to give additional information about your case, or explain why you are pleading not guilty.

Step four
There will be an initial hearing, at which you will need to plead not guilty, and you will have to say whether you want to call any witnesses to the trial. You do not necessarily need to attend this hearing – it can be done by post.

The magistrate will then list your case for trial. You will be told of a hearing date which you, or your legal representative, must attend to set out your case in defence.

Step five
The actual trial will be based on the principle that you are innocent until your guilt is proved ‘beyond reasonable doubt’. At your trial you’ll be given the chance to put across your case, call any witnesses to support it and present any evidence you have.

Step six
Motoring offences are made up of numerous elements and the prosecution (usually a representative of the Crown Prosecution Service) must prove every element of the offence. If the verdict is guilty you will be ordered to pay the fine and possibly court costs as well. A not guilty verdict means all against you will be withdrawn and you will not have to pay the penalty or court costs.

I do know what Im talking about as I used to draw up traffic regulation orders for my sins. Another place, another time!!

[graphic]

Thanks Lucy, that information is most helpful...so helpful in fact that I'll even overlook the fact that you used to draw up traffic regulations! The penalty notice has South Wales Police written on the top and the only options I'm given are to pay the fixed penalty or go to court. I've decided that I could do without the hassle of going to court and think I'd feel very conspicuous wheeling into the dock, lol, so I think I'll just pay up and put it down to experience. Thanks to everyone who offered positive advice, much appreciated.

Edited by graphic, 07 August 2008 - 08:15 PM.

[china]

graphic, on Aug 7 2008, 09:09 PM, said:

The penalty notice has South Wales Police written on the top and the only options I'm given are to pay the fixed penalty or go to court. I've decided that I could do without the hassle of going to court and think I'd feel very conspicuous wheeling into the dock, lol, so I think I'll just pay up and put it down to experience. Thanks to everyone who offered positive advice, much appreciated.

Don't be so stupid, send a letter stating your case, recorded delivery and if you want to be double sure, send a copy to the court, with a covering letter explaining you have written/are appealing to, South Wales Police. Worst that can happen is that you pay an extra couple of £ for the recorded delivery, best it could save you the £60 fine.

I know the road, never used to be double yellows there, years ago, people always parked there. Not exactly the most dangerous place too park, if it's that dangerous, then there should be double yellows on the curb or a sign stating "No Parking At Anytime". Good luck.

Edited by china, 07 August 2008 - 08:36 PM.