My back wheels were in the bus stop but I did not leave the vehicle and they decided I was parked after watching for just ONE minute. Does this constitute bing parked in a bus stop or do I have grounds for an appeal? If so does anyone have a stadard format letter for fighting these robbing swines? It seems it is just another covert way of making money.
2007-06-25 03:52:30 · 26 answers · asked by johntrunks_81 1 in Politics & Government ➔ Law Enforcement & Police
The violation is actually, stopped, standing or parked in a Bus Stop. That particular location is for Mass Transportation vehicles only, and the free movement of. If you can show that at no time you interfered with the flow of traffic, you may have a chance of beating it in court.
2007-06-25 07:38:34 · answer #1 · answered by CGIV76 7 · 2⤊ 0⤋
Parked can be interpreted in many ways but it basically means stationary with the parking brake on (hand brake) but could also mean just stationary for ANY period of time.
I can only speak from my own experience but I often use discretion and allow a short space of time for someone to be parked where they shouldn't, unless they are causing a danger or obstruction. I don't however have to do this and can give a ticket straight away if I want to.
If you feel you have grounds to appeal then do so, they can only say no.
At the end of the day, if you weren't parked illegally then you wouldn't have got the ticket in the first place.
2007-06-28 05:45:19 · answer #2 · answered by Ian UK 6 · 0⤊ 0⤋
The correct term that they will use is that you were in a vehicle, other than a bus, and your vehicle was STOPPED in an unauthorised area of highway.
The fact you were in your vehicle will not matter. However, when I was a Parking Attendant (I left as I hated it) we were always told to check to see if a driver was present and ask them to move on. We were told it was not about issuing tickets, but to keep roads clear.
I guess you had a parking attendant with a chip on his/her shoulder, so I would write a NICE letter, explaining that you stopped briefly and was given no instruction from the attendant and you feel as though you were being victimised.
Hope this helps
2007-06-25 09:57:38 · answer #3 · answered by Anonymous · 0⤊ 0⤋
legally speaking, the definition of parked is at the kerbside and your wheels have stopped rotating. For the purposes of issuing a penalty charge notice, only one wheel of your vehicle needs to be in the restricted area. I dont know what area it was in as different areas have different observation times but when I was a traffic warden in Salford, parked in a restricted bus stop (code 47) was an instant ticket contravention, meaning we could issue a penalty charge notice in the time it took us to fill in an offending vehicles details. Whether the driver is in the vehicle or not is of no consequence to the offence although out of politeness I always used to ask people to move. From what youve told me you have committed the offence, and it is absolute, that is to say youve either committed it or you havent. You still have a right of appeal but not really any grounds of appeal im afraid
2007-06-25 04:44:45 · answer #4 · answered by vdv_desantnik 6 · 2⤊ 0⤋
If you fight it you may get some of the fine reduced, explain what happened and that you were actually not in the bus stop and were ideling, not parking. Maybe be you had to use the cell phone which is not safe to do when operating a vehicle, so you had to pull to the side of the road. Anything could have happened making it necesary to pull to the side of the road, not park there.
Good Luck!
2007-06-25 04:12:20 · answer #5 · answered by Ali 4 · 0⤊ 1⤋
The definition of parking varies from one place to another, so you need to check local regulations. In many places, laws distinguish between stopping (any stop except for traffic lights and safety), standing (brief stop to let off passengers), and parking (leaving the car unattended).
If the sign only said "No Parking", they probably shouldn't have given you a ticket. A letter probably won't do; you may need to go to court and explain the circumstances to the judge.
2007-06-25 04:20:18 · answer #6 · answered by Cucany 3 · 1⤊ 0⤋
A bus stop is a clearway and by stopping there you were causing an obstruction. The fact that you remained in the vehicle didn't cause it to be any less of an obstruction. I think that this was the basis on which you were given your ticket. Maybe it felt like a minute to you, but did you actually time it?http://www.dft.gov.uk/pgr/roads/tpm/lacircular195/enforcementofbusstopclearway4030
2007-06-25 07:51:28 · answer #7 · answered by Doethineb 7 · 0⤊ 0⤋
You need to research the actual ordinance to determine what the restrictions and associated definitions are. The ordinance could include "standing" or "stopping" also. May I suggest being less ignorant next time and stay out of the entire bus stop to begin with and chances are you won't suffer the aggravation of dealing with a problem like this again.
2007-06-25 05:28:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Before you decide to appeal and fight it you should get a copy of the statute and see exactly what "parked" means. If what you were doing doesn't constitute being "parked" by the law then go ahead and fight it. Make sure you check out the elements of the law first though.
2007-06-25 03:59:47 · answer #9 · answered by Anonymous · 1⤊ 1⤋
I would consider being parked is when your vehicle is in P[ark]. If one is not inside the car and the police officer comes he would not know how long it has been there, but you were not in it.
You should fight for it. Most cities have websites so I would suggest going on your city's 'site and writing a complaint!
2007-06-25 04:04:41 · answer #10 · answered by ? 4 · 0⤊ 0⤋