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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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Regarding contravention code 01, no parking on street at any

Resolved Question:

Regarding contravention code 01, no parking on street at any time. I have been given a ticket for, in my definition on street parking is on the road, i was parked on a grass verge along with others, I have parked here for years as others have and I was not on the pavement. and to access this area I did not cross the pavement. when confronting the said parking ticket issuer, she said it was not a car park, how do I stand on this please.

Garry Smith
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Who is the issuer of this ticket please?
Customer: replied 3 years ago.
Cheshire West and Chester council issued by Civil Enforcement Officer AW030
Expert:  Jo C. replied 3 years ago.
Thanks.

Its a proper fine then.

You raise an interesting point actually. I know they are doing this and there isnt any case law on the point essentially because people tend not to appeal parking fines since the cost is so high.

I must admit that I do agree with you. Parking on a grass verge may well amount to parking on a footway but it doesn't amount to 01 contravention of any of the others that they try to enforce.

I know they are doing this all over the place. They behave as though parking on the pavement or verge amounts to parking on the tarmac with the prohibition to the side of you. I don't know why because there are offences that cover parking on verges and pavements but there you have it.

This will come down though to the view of the Adjudicator. You will probably have to go to the Adjudicator. The Council will not back down. Some Adjudicators share my view of this and some do not.

If you are prepared to take the risk though it certainly could be decided in your favour. I think its a common sense point that if you are not parked on the tarmac then the prohibition for the road does not apply.

Hope this helps. Please let me know if you need more information.

Jo
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Expert:  Jo C. replied 3 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
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