Motorcycle parking in Vining St suddenly illegal, apparently

[RubyToogood]

I've been parking my bike in Vining Street for, ooh, five years or so? I've done it under the noses of traffic wardens, when I started doing it I ASKED a traffic warden if it was ok and was told yes. Suddenly today I come back to the bike to find a penalty notice on it

Parked with one or more wheels on any part of an urban road other than the carriageway (footway parking)

Vining St is the little cul-de-sac opposite Brixton Wholefoods, where Fujiyama is. It ends in a set of metal bollards followed by a paved area associated with a development of newish houses. People park their bikes on the paved bit and chain them to the bollards, which are ideal for stopping people nicking them. There are always a few bikes there.

Strangely, today there were five other bikes there, and mine was the only one with a yellow penalty notice on it, although one of the others had a blue and white notice on it saying it was parked illegally and they were going to commence clamping. I was chained to the end bollard, adjacent to what I suppose is meant to be the pavement (there's a foot route through to Rushcroft Rd). If that IS meant to be the pavement, it's marked out in a different colour brick, and I wasn't even on it. The other bike with the notice on it was in the middle of the row.

I'd always assumed the paved bit was private property, and therefore they couldn't do you. So why has this suddenly changed? Why are there no warning notices? Why have they let me do it for five years and then suddenly fined me £100?

Do I stand any chance at all of appealing this?

[Mrs Magpie]

Yes, go for it.

[Gixxer1000]

"Parked with one or more wheels on any part of an urban road other than the carriageway (footway parking)".
If you have a centre stand you cant be done. You do have one dont you?:D

[Monkeygrinder's Organ]

If it is private property then you can't be done for it, so that would be the best route for you to go down. Otherwise you don't have much chance. Parking on any footway anywhere in London is an offence unless it's marked as a parking bay.

And Gixxer is wrong, btw. If you were on a stand you could still have a ticket issued.

[Gixxer1000]

If it is private property then you can't be done for it, so that would be the best route for you to go down. Otherwise you don't have much chance. Parking on any footway anywhere in London is an offence unless it's marked as a parking bay.

And Gixxer is wrong, btw. If you were on a stand you could still have a ticket issued.
Tickets issued but hectually contested and WON double figure no of parking tickets against Westminster:p . Still I do have the only R1 with a centre stand:D
PS clue is in the words;)

Also if you are on smoke breakout panels ie footprint of a building/private property you cant be done UNLESS causing an obstruction.

[RubyToogood]

From doing a bit of reading up on the internet, it appears that although in general you can't be done for parking on private property, if there is a public right of way crossing it, which you are obstructing, then you can be. I think this is what Lambeth would argue - that I was obstructing the footway. Certainly you would have had to walk round my bike if you were walking through to Rushcroft Rd - but as I say, I wasn't on the marked footway.

I think this could be the significance of the fact that my bike was the only one with an official penalty notice on - because the others weren't deemed to be obstructing the footway. The different coloured notice on the middle one looked to me like it might have been issued on behalf of the landowners rather than the council.

[Mrs Magpie]

I'm not sure it's private property though....I would pursue the fact that you asked if it was OK to park there and only you seem to be ticketed.

[Gramsci]

Vining street used to be a road before the present flats were built.So i would reckon its still a right of way.In central London people cover over their numberplates as Traffic Wardens cant remove them legally.

[newbie]

I've never really been able to make much sense of that, since not displaying a tax disk is an offence, and the registration number is on the disk.:confused:

[RubyToogood]

They used to cover the disc too - but wardens have been given the right to remove these covers now I think so it doesn't work any more anyway.

NB the good thing about the unofficial Vining St bay is that for those of us coming from the south, you can park without having to go through the central Brixton traffic at all. You just sneak up Railton Rd. Otherwise, the only central bay I know of is the one behind Morley's.

[detective-boy]

Vining street used to be a road before the present flats were built.So i would reckon its still a right of way.In central London people cover over their numberplates as Traffic Wardens cant remove them legally.
Another urban myth. There isn't (and never has been) anything which actually prevents a traffic warden from doing so ... but, for whatever reason, most of the council wardens have been told not to (probably because it involves some intelligence and would require them to explain themselves if challenged, something which they are not exactly renowned for).

There is no specific power anywhere which says they can ... but English law is such that the default position is that something IS allowed unless there is a law which says it isn't.

In any event, as Ruby said, I understand a specific law allowing wardens to do so is coming soon anyway or is maybe here already.

[RubyToogood]

NB I'm not going to be able to get to Brixton for a while - if anyone's passing, if they could have a quick look and double-check that there aren't any forbidding notices, it'd be really helpful. I should probably submit photos too for the appeal.

[Donna Ferentes]

Do I stand any chance at all of appealing this?Appealing against this.

[boskysquelch]

Appealing against this.

Appeal can also be used transitively, and I understand English legal usage is to 'appeal a decision'. :)

---Posted by Twosheds under bosky's name cos the bastard's been on my puter and not signed out again and i can't find my password. ---

*sheds waves at ruby and hopes she appeals her decision successfully*

*sheds apologises to Donna - i know it looks like i'm stalking you but i'm not i'm not*

*bosky snorts :D*

[RubyToogood]

Appealing against this.

Actually this isn't correct anyway, since I can appeal all I like. What I really meant is any chance of winning an appeal against this.