Legal opinion be the lawyer/magistrate.
#1
Lost in BE Cyberspace
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,847
Legal opinion be the lawyer/magistrate.
So I bought a rather expensive sports car and obviously don't want it damaged or dinged if I am parking it in mall lots, car parks etc.
The other day when parking on a lot that you pay for the spots appeared to be smaller than normal. So I bought 2 x tickets for what I assumed would cover 2 x parking spots as opposed to duration of time parking. I then parked the car in the 2 x spots.
On returning I had a ticket for Not parking wholly within the markings of the bay/space".
Now here is the dilemma if I paid for the 2 x parking spots and my vehicle was within the boundary lines of both spots and both tickets were displayed how can I be not parking within the markings?
Should the ticket have been issued or would I win my case in court?
Actually it didn't happen to me but did happen to this fellow
https://www.thesun.co.uk/news/483001...kets/#comments
The other day when parking on a lot that you pay for the spots appeared to be smaller than normal. So I bought 2 x tickets for what I assumed would cover 2 x parking spots as opposed to duration of time parking. I then parked the car in the 2 x spots.
On returning I had a ticket for Not parking wholly within the markings of the bay/space".
Now here is the dilemma if I paid for the 2 x parking spots and my vehicle was within the boundary lines of both spots and both tickets were displayed how can I be not parking within the markings?
Should the ticket have been issued or would I win my case in court?
Actually it didn't happen to me but did happen to this fellow
https://www.thesun.co.uk/news/483001...kets/#comments
#3
Lost in BE Cyberspace
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Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,847
Re: Legal opinion be the lawyer/magistrate.
But he did pay for the 2 x spots. He is probably the kind to buy a row of 3 or 4 seats on a plane then put up the armrests and lie down across the seats which would still be cheaper than 1st class.
#4
Re: Legal opinion be the lawyer/magistrate.
Its a difficult one but I would say that if he bought 2 spots i.e. on the meter bought tickets for spot 100 and 101 then I would say the ticket was issued in error by someone who just went off what they saw i.e. a car parked across 2 spots without really looking at the meter, tickets etc.
Morally there could be a different answer person by person but I would say legally if you pay for 2 spots you are entitled to 2 spots.
One aspect of the story that is strange though, why are the 2 tickets issued 10 minutes apart?
Morally there could be a different answer person by person but I would say legally if you pay for 2 spots you are entitled to 2 spots.
One aspect of the story that is strange though, why are the 2 tickets issued 10 minutes apart?
Last edited by Engineer_abroad; Nov 3rd 2017 at 1:53 pm.
#5
Lost in BE Cyberspace
Thread Starter
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,847
Re: Legal opinion be the lawyer/magistrate.
Its a difficult one but I would say that if he bought 2 spots i.e. on the meter bought tickets for spot 100 and 101 then I would say the ticket was issued in error by someone who just went off what they saw i.e. a car parked across 2 spots without really looking at the meter, tickets etc.
Morally there could be a different answer person by person but I would say legally if you pay for 2 spots you are entitled to 2 spots.
One aspect of the story that is strange though, why are the 2 tickets issued 10 minutes apart?
Morally there could be a different answer person by person but I would say legally if you pay for 2 spots you are entitled to 2 spots.
One aspect of the story that is strange though, why are the 2 tickets issued 10 minutes apart?
#8
Re: Legal opinion be the lawyer/magistrate.
I suspect that somewhere there is a regulation stating that a vehicle should be parked so that it is wholly within a parking bay designated by lines marked on a floor.
Like most sloppy rules they fail to answer the question 'What if?' and as such are not fit for purpose or was this possibility considered and was the rule written to explicitly deny the use of two bays for one vehicle?. The original imposition of the fine was correct. The officer issuing the fine was unlikely to have known that two tickets had been purchased for the express purpose of occupying two adjacent parking bays and would it have mattered if he did?.
Once the error had been detected then common sense should have intervened.. or should it?
We are talking about profit here with heavy social overtones involving social equality. Very likely there is another rule somewhere that states 'Only one vehicle is to occupy a parking bay'. This will be a catchall to ensure that two small vehicles cannot avoid parking charges by occupying the same bay. No doubt the rule could also be stretched to ensure that it will be wrong for half a vehicle to occupy a bay since 'half' is clearly not 'one'.
Legally, I suspect, the man was wrong to occupy two bays with one vehicle and the fine should stand if only to add to profit but also to dissuade others from doing the same thing. Imagine the chaos if overnight 50% of all parking spaces disappeared in city centres bought up by those prepared and able to pay for it, if that happened I suspect that his Ferrarri might get more than a small scratch on it.
Like most sloppy rules they fail to answer the question 'What if?' and as such are not fit for purpose or was this possibility considered and was the rule written to explicitly deny the use of two bays for one vehicle?. The original imposition of the fine was correct. The officer issuing the fine was unlikely to have known that two tickets had been purchased for the express purpose of occupying two adjacent parking bays and would it have mattered if he did?.
Once the error had been detected then common sense should have intervened.. or should it?
We are talking about profit here with heavy social overtones involving social equality. Very likely there is another rule somewhere that states 'Only one vehicle is to occupy a parking bay'. This will be a catchall to ensure that two small vehicles cannot avoid parking charges by occupying the same bay. No doubt the rule could also be stretched to ensure that it will be wrong for half a vehicle to occupy a bay since 'half' is clearly not 'one'.
Legally, I suspect, the man was wrong to occupy two bays with one vehicle and the fine should stand if only to add to profit but also to dissuade others from doing the same thing. Imagine the chaos if overnight 50% of all parking spaces disappeared in city centres bought up by those prepared and able to pay for it, if that happened I suspect that his Ferrarri might get more than a small scratch on it.
#10
Re: Legal opinion be the lawyer/magistrate.
Did you check the infraction on the ticket? Was it for taking two stalls or was it for being a tw*t?