Fine for Parking on Single Yellow Line/Footpath

[citizen877]

Hello

Got a fine for the above, yes there was a single yellow line and yes there was a notice stating (8am - 6pm) no parking.

Objected to this as I worked on the building site next to this footpath, we clearly put up signs saying 'Footpath Closed' (metal signs all legal). Behind my car at about 3 metres metal gates were erected that did not allow anyone entry on the footpath. I got this ticket because I was parked on the pavement.

I objected to this and the reply was -

'The Notice was served because your vehicle was parked on the pavement where single yellow lines run along the edge of the carriageway. The parking restriction indicted by Single yellow lines is in force at the times stated on the sign, and applies to the carriageway, pavement and verge, as explained in the Highway Code'

The person who issued this ticket was very economical with the truth as they did not show (in the photos I received) the signs that we put up (work for one of the biggest building companies in the UK) so signs were all legal, only showed my car on the pavement in front of the barrier.

So, I now have a few days to pay the £35 after the Rejection of Challenge, I think I'll just pay it and then fight it out - what do you think ? The Rejection letter wasn't signed by anyone and it seemed to have the last page missing.

I think if the footpath was legally closed then there would be no need for any parking regulations at the time.

Many thanks as always

[michael]

Re: Fine for Parking on Single Yellow Line/Footpath

So, I now have a few days to pay the £35 after the Rejection of Challenge, I think I'll just pay it and then fight it out - what do you think ?

Paying the penalty is acceptance that the contravention occurred. After that there are no further avenues for appeal.

[Wombats]

Re: Fine for Parking on Single Yellow Line/Footpath

If you were parked on the pavement where it was not closed, you were committing the offence. I agree it's incredibly petty to get done for this, but if you did it, you can't argue over much.

For the sake of £35, personally I'd pay it and be done with it. It's really not worth the hassle at this time of year trying to fight it. Obviously it's your choice, and if you want to fight it we'd help you.

The first thing I would then ask is where in legislation does it say the signs you put up take preference over statute?

[citizen877]

Re: Fine for Parking on Single Yellow Line/Footpath

Hello

I was parked on the pavement (not on the single yellow line), the pavement area was the footpath, which was closed.

I can only say with regards to the legislation is that the company I work for would have applied for the footpath to be legally closed and, that the person who issued the ticket did not take any photo of the 'Footpath Closed' sign.

I do not know which signs would take precedence - I believed that if my company restricted any footpath then, if I parked on this and not on the road (which also has no access) then I couldn't see any problem - it's basically a closed road/footpath until the construction company open it again.

Thanks for your reply much appreciated.

I think I'll just pay this and object later (if I can)

Thanks

[citizen877]

Re: Fine for Parking on Single Yellow Line/Footpath

Hello

I can pay the £35 or, if not, the £70 which the Council will increase it to. They will increase it to £70 but they said in their letter dated 11th December 2014.

'If I do not receive payment within in this time (14 days from the above date). I will serve on the registered keeper a Notice to Owner, which will increase the charge to £70 but will enable a formal representation to be made against the penalty charge on the form that will be provided. The Council is obliged to consider any representations made, regardless of our earlier decision not to cancel'

Is it true that if I pay this £35 I have no other avenue to object to this fine ? If so, it seems very much in favour of the issuing authority ?

Thanks for taking the time to reply.

[michael]

Re: Fine for Parking on Single Yellow Line/Footpath

I think I'll just pay this and object later (if I can)

You can't. You either pay the penalty or appeal. You can't do both

Is it true that if I pay this £35 I have no other avenue to object to this fine ?

Yes

[des8]

Re: Fine for Parking on Single Yellow Line/Footpath

Generally if there is a temporary footway closure, the contractor has to provide an alternative walkway for pedestrians, and this is normally alongside the closed section of footway.
This would mean the yellow line functioned upto your companies fence.

If your company obtained a TTRO to stop vehicular and pedestrian traffic one could be questioning the action of a civil enforcement officer proceeding along a closed road.

On the other hand it will be much simpler and less stressful to cough up!

[Sir Vere Brayne d'Emmidge]

Re: Fine for Parking on Single Yellow Line/Footpath

The only way you can challenge the Traffic Warden is by providing the said Council with their own "Order" that the footpath was going to be closed for whatever reason., But for the sake of £35.00 I would just pay it, just in case it escalates to £610.00!

[bluebottle]

Re: Fine for Parking on Single Yellow Line/Footpath

You have been given some excellent advice and I would take it.

If the vehicle was parked on the footpath and no order to close the footpath had, at that point, been made, then an offence was committed and the traffic warden acted within the law.

There are provisions, under the Hghways Act, which provide police with powers in respect of vehicles causing Wilful or Unnecessary Obstruction of the free passage along the highway, which includes the footpath. If the obstruction is such that it forces pedestrians to walk out into the carriageway, then the police can remove the vehicle. If the driver refuses to move a vehicle in such circumstances, the police can arrest the driver and remove the vehicle.

If there are any remaining queries about the lawfulness of the traffic warden's actions, then you are at liberty to require the local authority to provide you with a copy of the relevant Traffic Regulation Order (TRO) (Traffic Management Order (TMO) in London).

[citizen877]

Re: Fine for Parking on Single Yellow Line/Footpath

The footpath had been legally closed by the Construction Company I worked for.

There was a very large red/white metal sign denoting this. Along the road there was a single yellow line restricting parking on the road. The footpath was closed and there were large Herris panels which restricted any pedestrians/cars, it was only a few metres from the photos that I received from the parking people.

I don't agree with your mention of Wilful or Unnecessary Obstruction of the free passage along the highway, which includes the footpath, this was closed and no obstruction was caused.

The person who issued this ticket did not take pictures of the sign that said 'footpath closed' and did not photograph the panels that would restrict any pedestrians and/or cars.

I've paid the £35. Every answer said I should just 'pay up' - very disappointing - maybe they didn't read the facts - anyway, taken the advice and paid the £35.00.

I like the reply from DES8 re the TTRO and his answer as to why the traffic warden was there in the first place. Footpath was closed and no cars were allowed.

Anyway, 'caved in' didn't want to - thought I had a good case.

Thanks

[des8]

Re: Fine for Parking on Single Yellow Line/Footpath

Thanks for letting us know your decision.
You will often receive the advice to "pay up" simply because the stress of fighting can be overwhelming for some people, and for a comparatively small amount it is hardly worth it, and if it goes as far as court, although you win the costs of the case can be higher than the fine.
As an example for the past 12 months I have been contesting two private parking charges for my daughter.
Taking into the amount of time, and the printing costs/ postage it would have been cheaper to cave in at the beginning. But being bloody minded and hoping the parking company can be shown to be unreasonable so we can recover some of the costs, we have continued to contest. Not something everybody would wish to do.
Hence the advice "cough up as less stressful and much simpler"

[bluebottle]

Re: Fine for Parking on Single Yellow Line/Footpath

The footpath had been legally closed by the Construction Company I worked for.
From this, I would take it the local authority had made an appropriate order, in which case the traffic warden acted beyond their authority and the law.
There was a very large red/white metal sign denoting this. Along the road there was a single yellow line restricting parking on the road. The footpath was closed and there were large Herris panels which restricted any pedestrians/cars, it was only a few metres from the photos that I received from the parking people.
Are the traffic wardens employed directly by the local authority or a private company under contract to the local authority?
I don't agree with your mention of Wilful or Unnecessary Obstruction of the free passage along the highway, which includes the footpath, this was closed and no obstruction was caused.
The reason I mentioned this is because the provisions exist and are aimed, chiefly, at those who obstruct footpaths/carriageways without good, sufficient or lawful reason. In your case, the footpath had been lawfully closed and, therefore, the Highways Act would not apply in your case.
The person who issued this ticket did not take pictures of the sign that said 'footpath closed' and did not photograph the panels that would restrict any pedestrians and/or cars.
In your opinion, do the traffic wardens need to go to Specsavers?
I've paid the £35. Every answer said I should just 'pay up' - very disappointing - maybe they didn't read the facts - anyway, taken the advice and paid the £35.00.
There is a body called PATAS (Parking And Traffic Appeals Service) who are there to deal with unfair parking and traffic penalties. However, see my comment about who employs the traffic wardens above. Whatever, the local authority has 100% vicarious liability for the actions of the traffic wardens.
I like the reply from DES8 re the TTRO and his answer as to why the traffic warden was there in the first place. Footpath was closed and no cars were allowed.

Anyway, 'caved in' didn't want to - thought I had a good case.

Thanks

@@@@

[citizen877]

Re: Fine for Parking on Single Yellow Line/Footpath

Hi Bluebottle

Yes, the Local Authority made the appropriate order.

Traffic Warden was employed by Local Authority.

Thanks for the Highways Act - no pedestrians or cars were allowed, no obstruction as no access (panels in place).

Photographs didn't show 'Footpath Closed' sign but, at the back of his/her photograph you can clearly see the panels that were in place.

(Specsavers - great idea !)

Vicarious - does this mean that the Council give 100% agreement to the person acting on their behalf ? I'd like to know more about this 'vicarious' word you use - sounds interesting, I know what it means but how is it used in this context ?

I will be contacting PATAS - will continue to see what happens just OGP.

Paid up without much of a fight but, I'll see what happens now.

Usual - thanks to you all

[citizen877]

Re: Fine for Parking on Single Yellow Line/Footpath

Hello

I understand completely what you are saying - it is cheaper/less hassle to just pay up. The only problem I would have is that the Local Authority doesn't give you any leeway. You either pay or you go through their system which is, too say the least, time consuming, daunting and stacked on their side.

I hope you resolve your problems, I know totally well what it's like to be 'bloody minded' - sometimes you just accept and other times well.. you just become 'bloody minded'. I think you know when you should put up some kind of fight or let it go.

Thanks as always for the time you have taken to reply - much appreciated.

[bluebottle]

Re: Fine for Parking on Single Yellow Line/Footpath

Hi Bluebottle

Yes, the Local Authority made the appropriate order.
Good. So the local authority knew about it and should have ensured their traffic wardens were made aware.
Traffic Warden was employed by Local Authority.

Thanks for the Highways Act - no pedestrians or cars were allowed, no obstruction as no access (panels in place).

Photographs didn't show 'Footpath Closed' sign but, at the back of his/her photograph you can clearly see the panels that were in place.
Selective photography. Was the vehicle signwritten with a business name or was it obvious to any reasonable person the vehicle was associated with any work taking place?
(Specsavers - great idea !)

Vicarious - does this mean that the Council give 100% agreement to the person acting on their behalf ? I'd like to know more about this 'vicarious' word you use - sounds interesting, I know what it means but how is it used in this context ?
The word "vicarious" means 'delegated'. In the case of Vicarious Liability, an employer is liable for the actions of their employees during the course of their employment, unless the employer can show the employee was not in the course of their employment at the material time.
I will be contacting PATAS - will continue to see what happens just OGP.

Paid up without much of a fight but, I'll see what happens now.

Usual - thanks to you all

Responses in red text.