Parked beyond bay markings
The spaces between parking bays are set out in law and are calculated to accommodate most vehicles. There will be times when councils and their parking agents will have to use their discretion in determining whether a vehicle is incorrectly parked.
Boot and rear wheels over the yellow lines (BP 197)
The appellant, issued with a PCN for parking on a double yellow line, appealed on the ground that the contravention had not taken place. They argued that they had not parked "on" the double yellow line, because the greater part of the vehicle had been lawfully parked and only the rear wheels and boot had been overhanging the lines. The Adjudicator ruled that the law did not require the whole or the larger part of a vehicle to be on and over the double yellow lines before the vehicle could be said to be "waiting on" them and that it was sufficient for establishing a contravention if a significant part of a vehicle was on or over the lines. Leaving open the question of whether an overhanging boot or bonnet would be significant or sufficient, he said that he had no doubt that, if a vehicle's front or rear wheels were on and over the double yellow lines, then that vehicle was waiting on the lines.
The appeal was dismissed.
Pages in Example Cases
- 1. Appeal outcomes: Allowed or dismissed
- 2. Condition of signs and lines
- 3. Suspended bays
- 4. Inconsistent enforcement
- 5. Fluttering tickets
- 6. When is a highway not a highway?
- 7. The admissibility of evidence
- 8. Taxis and private-hire vehicles
- 9. Payment going astray
- 10. Taken without owner's consent
- 11. Owner not the driver
- 12. Circumstances beyond driver's control
- 13. Going for change
- 14. You are here: Parked beyond bay markings
- 15. The issue of evidence
- 16. Cloned vehicles
- 17. Issues of PCN accuracy
- 18. Disc Zones
- 19. Vehicles on hire
- 20. Council discretion
- 21. Issues with Traffic Regulation Orders (TROs' or local parking bylaws)
- 22. Credit Card Surcharge