Parkin Ticket

[RustyRuss]

 

[robnchris]

Auto router yes, I argued that I could park my car, drink coffe from a flask, eat fidh and chips from the local take away and therefore would not be using my car soley for passengers. That arguement did not work either..

Clearly there is no point in talking if no one is listening, which clearly they weren't.

 

[Dorset Diver]

Dorset Driver.
I was using the vehicle to visit the beach at West Overcliffe, we were staying on the kingstone Lacy Cl.

Hello The Freeminer. Apologies for the delayed reply. The reason I asked was if you were using the vehicle as a means of transport only then IMO they should have found in your favour. However, much would depend upon the grounds on which you appealed. As a matter of interest what were they and to what section of the act did the "court" refer?

 

[The Freeminer]

Dorset Driver... The PCN stated that I was the incorrect class of vehicle to park in this location.
I appealed that I was the correct class of vehicle. In the 1984 road traffic act I found in section 136(2) a description of a "motor car" that I thought I met, I did think the word SOLELY may be an issue dependant on how that was interpreted. I also argued that within national legislation I could not find a description for "motorhome". The adjudicator mentioned the BCP description of a motorhome in his summing up. During the hearing I argued that "Joe Public" could not be expected to read every authorities traffic management/parking policies to get their descriptions of various classes of vehicle.
I have lost this case and will take the decision, but I think it could have gone either way. I was gladdened to hear the adjudicator in his summing up say that he believed I genuinely believed I was in the right and asked BCP if they would consider a concession to the fine, they said no, he asked again and again they said no. I guess that confirms a previous posters view of BCP council. It has been a good learning experience, I have enjoyed the process.... not the result!!

 

[The Freeminer]

The Freeminer why don’t you take a look at www.CAMpRA.co.uk and give them the info they might take it up and approach the council? They are a great bunch of folk trying to promote Motorhome parking

Speve, this link is not taking me any where? do I have a problem with my laptop?

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[Dorset Diver]

Dorset Driver... The PCN stated that I was the incorrect class of vehicle to park in this location.
I appealed that I was the correct class of vehicle. In the 1984 road traffic act I found in section 136(2) a description of a "motor car" that I thought I met, I did think the word SOLELY may be an issue dependant on how that was interpreted. I also argued that within national legislation I could not find a description for "motorhome". The adjudicator mentioned the BCP description of a motorhome in his summing up. During the hearing I argued that "Joe Public" could not be expected to read every authorities traffic management/parking policies to get their descriptions of various classes of vehicle.
I have lost this case and will take the decision, but I think it could have gone either way. I was gladdened to hear the adjudicator in his summing up say that he believed I genuinely believed I was in the right and asked BCP if they would consider a concession to the fine, they said no, he asked again and again they said no. I guess that confirms a previous posters view of BCP council. It has been a good learning experience, I have enjoyed the process.... not the result!!

Does your V5C state that your vehicle is registered as a motor caravan? If it does I seem to remember that a similar situation to yours was challenged as the Council / BCP signs and local regulation talked about motorhome which is not defined in the regulation whereas motor caravan is.

(2) a "motor caravan" has the same meaning as in Regulation 2(1) of the Motor Vehicles (Type Approval) (Great Britain) Regulations 1979 ("a motor vehicle which is constructed or adapted for the carriage of passengers and their effects and which contains, as permanently installed equipment, the facilities which are reasonably necessary for enabling the vehicle to provide mobile living accommodation for its users").

The argument being that nobody could comply with a regulation about something entirely undefined.

Just thinking out loud really. Some checking would be needed.

 

[The Freeminer]

It's body type on the V5 is motorhome, I argued that this is a body type not class of vehicle...no joy

 

[The Freeminer]

Devon driver... it is interesting that had I not sent my v5 to prove I was PLG taxation class, they would not have known the description motorhome as the return BCP received from the DVLA did not have the body type on it...

 

[Nigel P]

Interestingly what is the unladen weight of the MH? The criterion used by the adjudicator only applies to vehicles exceeding 2540kgs

 

[The Freeminer]

Nigel P... unladen weight is less than 3050KG, but with some rough calculations I could not get it close to the 2540kgs as per section 136(2)(c)

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[Nigel P]

The rules of evidence make for a case to be proved beyond reasonable doubt in criminal matters and on the balance of probabilities in civil cases. It would in, such a case where reasonable doubt has been cast in relation to the weight criterion used as the prosecting tool, be necessary to adduce some evidence that the weight in question is available. This could be through documentary evidence via a manufacturer, a weighbridge ticket etc. If the evidence used in a tribunal is reliant upon the weight limit being beyond 2540kgs it could be pressed into disclosing that evidence, which I am guessing it does not have and is merely relying on an assumption. For the cost of a few minutes of time and a stamp it may be worth a challenge!

 

[The Freeminer]

Nigel... interesting, the council did provide evidence of the 3076kg mass in running order, it was on the v5 that I provided early on to demonstrate that the vehicle was a PLG taxation class which I thought in the very early stages was going to be enough. Little did I know!! Your suggestion may have worked... but I have now been through "final" appeal process...