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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My son has received a parking ticket from Mid sussex district

Resolved Question:

My son has received a parking ticket from Mid sussex district council .the offence is allegedly "parked in a restricted street during prescribed hours "
The parking space he was in was off the street , off the pavement and the spaces are clearly defined with white markings. The spaces are to the side of Prezzo restaurant.
There are NO notices of any description displayed any where near these parking bays.We have visited these parking bays and the photograph provided by the council clearly shows the vehicle is not on the road or pavement but in a clearly marked bay.
Surely there has to be some form of notice, sign etc in order for you to
a, Know it is restricted parking
b, the terms of the restriction
On this basis I could fine people for parking on my drive ….!!
Please help
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Was he parked on the road or pavement please?
Customer: Neither .
Customer: neithet
Customer: Neithet . The road is clearly defined with double yellow lines . Then there is a pavement and then a concrete parking area with white lines marking the parking spaces . The spaces are beside Prezzo restaurant and one could easily assume the spaces are for customers . I reiterate , there is no signage at all on the walls , floor or any wear to say you cannot park there or there are parking restrictions . I can email you some pictures if you would like which will help you get a clearer picture
Customer: Thank you for your message
Customer:

Sorry , Just visited the parking spot and there aren't any white lines defining spaces . The grainy picture we received looks like there are. However there is clear definition between the road ,pavement and hard standing. There were vehicles parked there when my husband went to look on sunday and there was a vehicle parked there today when i visited . I have taken pictures showing the clear definition between road , pavement and tarmac hard standing. My sons vehicle is definitely not parked on the street as the penalty notice suggests

Alex Watts : Ok then you should appeal it.
Alex Watts : The matter would then go before an adjusdicator.
Alex Watts : The council would need to show the lines were clear, unbroken and had signs.
Alex Watts : If they are not the appeal will be upheld.
Alex Watts : I would take photographs yourself and use them for an appeal.
Alex Watts : But if he was not parked there or the lines are broken the contravention is not made out.
Alex Watts : Can I clairfy anything for you about this today pkease?
Customer: Sorry for appearing stupid - which lines would the council have to show are clear , unbroken and had signs ?there are no lines !! There is a road , pavement then the hard standing where cars park ?
Customer:

Also , there are no signs ANYWHERE to say who owns the piece of land where the cars park , No signs to say you cannot park .so how can anyone possibly know they are contravening anything ?

Alex Watts :

I agree there are no lines!

Alex Watts :

I agree there are no signs

Alex Watts :

That is why the Council would fail

Alex Watts :

Does that help?

Customer:

could you just give me a little idea of how i word my appeal as I would like them to think I have taken legal advice

Alex Watts :

You are simply saying the contravention did not take place.

Alex Watts :

There are limited grounds such as he was not the owner of the car, the traffic management order was not in place or the contravention did not happen

Alex Watts :

That is it - the contravention did not happen

Alex Watts :

Does that help?

Customer:

thank you

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