I have to confess, I stalled a little when I read that bit ;-)
I have to confess, I stalled a little when I read that bit ;-)
Chances are the footway is in highway authority ownership (almost all are). The traffic regulation order (TRO) against which the parking restriction is written covers the highway all the way to the back of footway. Parking TRO's apply to the full width of highway. The footway is part of the highway, it just carries different (foot) traffic. Appeals can be won on very poor condition of marking or insufficient signage but the footway obstruction is also an infringment of section 268 of the highways (obstruction of footway)!
On Thu, 15 Jun 2006 15:20:39 +0100, Mother scribbled the following nonsense:
what having the baby, or the setting fire to the balls...... It seems to be that they both go hand in hand. "i'm pregnant and you want to spend how much on that thing???"
Indeed, but that's not the offence quoted here!
On or around Thu, 15 Jun 2006 19:41:15 +0100, DB4 enlightened us thusly:
worth checking though on one that wide, they aren't all highway.
My dad mentioned this to me the other day:
The Bill of Rights Act 1689 is 'constitutional' and says: "That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void".
which apparently means that fine levied under the Road Traffic Act which do not require a court appearance are illegal by the bill of rights statement above...
I shall be trying this approach next time someone tries to fine me for something traffic related. :-)
I don't think it will work, because YOU have to accept a fixed penalty notice, you always have the option not to accept and go to court.
Regards Jeff
Durham, HA! you have not been in Oxford, any invasion into this country the safest place is here, nobody moves in or out anytime. If you stop, those wonderful traffic wardens on mopeds get you.
This has to be simply the worst place for cars.
Alan
If you search for "Bill of Rights Act 1689 parking" it's been waffled on about quite a bit on t' new-fangled internet, with the usual confusion regarding the finer points of law, e.g. parking offences being de-criminalised so coming under differet parts of law, Road Traffic Act over-riding earlier laws, and a whole load of other ifs and buts that I can't recall. Apparently one case was successful but I've only seen one account, repeated across many web pages.
I've added Oxford to my list of places to avoid !
I tried to go to Oxford once to see what it was like, but it seemed impossible to get into the centre so I turned around and went back home!
Is there any wonder that shopping in town centres is dying off. I spend a lot of time in France (going to move there perm in a few months) and I've only once paid for parking in a town. There is normally an abundance of free parking - as a result the shops do well, and even the small towns centres survive.
Matt
Wasn't all this something to do with using the word "fine" rather than "penalty"? or something like that because they have different meanings in law.
I remember seeing something about it on the news a while ago now.
Matt
I got a ticket on my bike - it's a bit of a bus and the wheels were on the line, not outside of it.. In the nazi state of westminster this is decreed as illegal parking and I got a ticket. However, the lines were crooked and I won my day in the kangeroo court they use for disagreements. Very much wrth doing.
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