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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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The permissable parking times (pay and display) in Morningside

Resolved Question:

The permissable parking times (pay and display) in Morningside Road in Edinburgh are from 9.15am until 4.30 pm as advised by signs in that road. However, all roads giving onto this road, and there are quite a few, have signs stating 'Pay and Display ZONE MON - FRI 8am - 6pm.
In other words, the permitted parking times are at variance with the actual times being less than the times advised when approach is made from a side street.
To me, this situation is nothing but attempted fraud on a large scale and I wonder if you agree and if so what action can be taken?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

Have you received a ticket for parking here please?
Customer: replied 2 years ago.

Yes

Expert:  Jo C. replied 2 years ago.
Who is the issuer please?
Customer: replied 2 years ago.

City of Edinburgh Council

Expert:  Jo C. replied 2 years ago.
Thanks. Its a proper fine then.

What time were you said to have been parked there?
Customer: replied 2 years ago.

My point is that I drove along Millar Crescent, where a sign advises I am entering a pay and display zone from 8.30am until 6pm. Having entered said area, (Morningside Road), parked in a legal parking space and properly displayed a Disabled Badge, how can one be booked at, say 4.40pm even although a sign on Morningside Road restricts parking after 4.30pm? Surely this constitutes enticing one to break the law by means of deception? Hopefully, your response can bring this exchange to a conclusion. Thank you.

Expert:  Jo C. replied 2 years ago.
Yes, I understand.

So what time were you there?
Customer: replied 2 years ago.

  1. From 3.00pm till 4.40pm

Expert:  Jo C. replied 2 years ago.
Thanks.

I am just travelling home but I'll be able to consider this soon.
Customer: replied 2 years ago.

Thank you.

Expert:  Jo C. replied 2 years ago.
Thanks.

This is a proper local council fine so you must take it seriously and appeal. It cannot be ignored as private land fines arguably can.

Your point though essentially is that the signs are at variance. I do think that is a good point. They have an obligation to make clear to the reasonably observant motorist what he can or cannot do.

Obviously the downside to your argument here is that whichever sign is prefered, you were still in breach.

That said, all that really means is that the tribunal would be of the view that you do not have the moral highground really.

I do still think you have a very good point here which is that, if the signs contradict each other then in legal theory both are void.

You will have to appeal on this point though and make sure you take photographs of the signs. Local councils have been known to correct any defects in signing before the matter gets to tribunal.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thank you for your opinion. I am particularly pleased with yuor statement '---if the signs contradict each other then in legal theory both are void'. I am also grateful for your advice about photographic evidence. The only point on which I would seek your clarification is your assertion that

Customer: replied 2 years ago.

Thank you for your considered opinion regarding my query. I am particularly pleased with your statement '---if the signs contradict each other then in legal theory both are void'. I am also grateful to you for your advice concerning photographic evidence. My only query would relate to your assertion that whichever sign is preferred I was still in breach with the resultant loss of the moral high ground, because assuming the Pay and Display sign from 8.00am until 6.00 pm I was perfectly legally parked with the Blue Badge displayed at 4.40 pm.

Expert:  Jo C. replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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