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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Please can you answer the following... In law does a restricted

Resolved Question:

Please can you answer the following... In law does a restricted area have to be clearly signposted both at the entry and at the end point... I am having a dispute with the authorities in Bournemouth who seem to think it only needs to be marked at the entry point..
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

AS you can see in the pics the road goes to a crossroads .. we continued straight on and parked by the area marked.. this was a sunday and we had a disabled badge as well.. if you turn left and right each is clearly marked end of restricted zone but straight on is not marked in this way..


This is to my mind a a very unfair parking arrangement but is it legall.


thanks Ian


 


 


 


 


 


 


Expert:  Jo C. replied 4 years ago.
Isn't this a controlled parking zone? I can just make it out in the first photograph.
Customer: replied 4 years ago.

This bit is yes .. but i was in the bit after the junction,

Expert:  Jo C. replied 4 years ago.
Was that outside of the control zone? Sorry for the pressure but I need to understand this
Customer: replied 4 years ago.

Well this is the question...because there is nowhere after the crossroad that says that the control zone has ended..but if you turn left or right there are signs saying end of restricted zone.So if you follow the road straight on you have to assume that It is in the control zone according to them but it is poorly signposted and there is no end of control zone sign on the second part of the road.

Expert:  Jo C. replied 4 years ago.
I see your point. I've often considered this issue actually.

Have a look here

http://www.ticketfighter.co.uk/signregs.htm#regulation4

At 4 which defines a controlled parking zone.

You will find the diagrams here

http://www.ticketfighter.co.uk/signs.htm#controlled zone

and I think that 663.1 is the one shown in the photographs.

If you look at 4[a][ii] then that would appear to trap you although you could argue over what is meant by 'entrance'.

Your point is actually a good one- you could indeed argue that entrance into this particular road had not been marked with such a sign.

Its an issue I've looked at before actually. The law seems to suggest that as long as entrance into a CPZ is signed you should assume that anything beyond that point is caught. I do not think that can be correct and do not think a high court would say it was Parliament's intention.

It would be irresponsible of me though not to mention that I have generally found that Adjudicators will say that unless you passed something that suggested you were exiting the zone you should assume that its within the zone though.

Can I clarify anything for you?

Jo
Customer: replied 4 years ago.

Hi, That's fine thanks.. I think it is unlikely to go to the high court for 34 quid fine but I might just take it to small claims as I feel they are being unfair and it would then at least get looked at..


Thanks . ian.

Expert:  Jo C. replied 4 years ago.
Yes, that is the fundamental problem.

Very few people ever do judicially review these things for exactly the reason that you mention.

That means that we end up with very little case law on that point.
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