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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I pulled onto a driveway to reverse up the driveway but there

Customer Question

I pulled onto a driveway to reverse up the driveway but there was a van parked in the way so I waited for the driver to move and a unmarked car stopped and gave me a ticket for parking on the pavement I pulled off the carriageway to avoid causing an obstruction which is an offence I got out of the car to ask the van driver to move and question the ticket I have appealed but that has failed I am going to arbitration where do I stand
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was it a penalty charge you received please?
JACUSTOMER-ga8z6c26- :

yes £55 now has increased to £110

Alex Watts :

OK - have you appealed to the Adjudicator?

JACUSTOMER-ga8z6c26- : Yes I have already told I have been already but I now have asked for a review and this hearing is on weds
Alex Watts :

Yes you said you were going to arbitration you did not mention anything about adjudication.

Alex Watts :

Did the Judge give reasons for finding against you?

JACUSTOMER-ga8z6c26- : I have replied twice
JACUSTOMER-ga8z6c26- : Sorry I press the save & exit
JACUSTOMER-ga8z6c26- : it was a solicitor, he said : My wheels were clearly over the footpath but there was no kerbside so I thought I was waiting on the drive
Alex Watts :

Ok - and you have an appeal hearing of that decision on Weds?

Alex Watts :

What is your question for me today now I understand the history please?

JACUSTOMER-ga8z6c26- : What is the definition of parking on the foot way when it's a drive with no kerbstone as aposed to waiting. there was someone blocking my entrance to drive up my driveway with my engine was still running I only got out of the vehicle to ask the traffic warden why he was giving me a ticket and to ask the van driver to move do I have a case to appeal on
JACUSTOMER-ga8z6c26- : I was not parked
Alex Watts : How long had you been stationary?
JACUSTOMER-ga8z6c26- : No more than one minuet
Alex Watts : Did you get out the vehicle or stay in it please a.
JACUSTOMER-ga8z6c26- : I got out to ask the van driver to move and to ask the CEO why he was giving me a ticket but my engine was still running it took only one minuet
Alex Watts : However given it was only a minute then this is not considered parking.
Alex Watts : You could have just driven off when the ticket was being written as it would have then been invalid.
Alex Watts : It does need to be handed to you or put in the windscreen.
Alex Watts : But based on the fact it was less than a minute and you only got out to ask the van driver to move, I do not consider this to be parked.
Alex Watts : Can I clarify anything for you about this today pleaseZ.
JACUSTOMER-ga8z6c26- : They are saying I was parked on a footway
JACUSTOMER-ga8z6c26- : What constitutes parking or waiting
Alex Watts :

That's a good question and open to interpretation.

Alex Watts :

Generally over 5 mins is parking and under waiting

Alex Watts :

Does that clarify?

JACUSTOMER-ga8z6c26- : I spent ages trying to get my answer the solicitor kept asking the same questions also when a opinion was given there was no back up of the law by quoting section? Of the transport act Etc . I showed the comment to adjudicator and he said that he doesn't believe it was a proper solicitor because they would quote ACTS EXT.
Alex Watts :

Sorry did you ask for an Act of parliament in your initial question or did I miss that please?

Alex Watts :

Please see the decided case of Schawrz v London Borough of Camden

Alex Watts :

http://keycases.parkingandtrafficappeals.gov.uk/docs/schwarz-v-camden.pdf

Alex Watts :

Does that now answer your question?

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