Author Topic: Buckinghamshire, code 81 restricted area in off-street car park or housing estate, lay-by outside Wycombe Leisure Centre  (Read 65 times)

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The road directly outside Wycombe Leisure Centre has a lay-by which can be used for dropping-off, but otherwise appears to be restricted.

I left my car here briefly when walking a family member into the leisure centre, and came back a very short time later to find that a yellow PCN had been affixed to the windscreen.

Before I pay the PCN, or consider appealing, there are three things I am interested to find out more about from those who know more than me, if they are willing:

- The stack of three signs next to the lay-by seem unusual to me, and don't mention anything at all about terms and conditions. Are there any rules that these signs are supposed to comply with in order for PCNs in this area to be valid?

- The PCN states that the vehicle was observed from 15:46 to 15:46. Is there any kind of minimum amount of observation time that might apply?

- The PCN refers to contravention 81: "Parked in a restricted area in an off-street car park or housing estate". This wording seems odd to my untrained mind. Clearly it's not a housing estate - but I am surprised that this simple lay-by qualifies as "an off-street car park".

Thank you so much.

Google Street View

Front of PCN:

Back of PCN:

Photo of nearest signs:

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Please tell us about the family member you were escorting to the leisure centre, because you were obviously dropping somebody off. If the family member is classed as "vulnerable", (child or elderly infirm person etc), you were engaged in what is termed "assisted boarding/alighting", which should get you your PCN cancelled.

This looks like nonsense - it can't be restricted if it allows drop-offs and as you say there are no terms establishing the area as an off-street car park.
« Last Edit: Today at 11:30:40 am by stamfordman »

Strange layout?

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« Last Edit: Today at 11:19:16 am by baroudeur »

Strange layout?

https://tinyurl.com/4b332vr8
If this is a public road, with the double-yellow lines, the two exemptions apply (1) loading, and (2) boarding/alighting passengers. The council sign has no legal significance. Of course people parked there can be walloped for the double-yellow lines which apply 24x7.  I don't see how the council can claim this is anything else.
« Last Edit: Today at 11:24:54 am by Incandescent »

The contravention is for an off-street car park not on-street.

Searching online for the phrase "Handy Cross Hub Access Roads", it appears to me that Buckinghamshire Council is treating all roads in the Handy Cross area - near the leisure centre, the supermarket, the hotel, etc - as being one large "off-street" area.

When driving from the nearest main road (Marlow Hill) to the leisure centre, I see that the council has a small black/white sign stating that restrictions and penalties apply, implying that the apply past this point. GSV link with signs on either side of the road, although the quality makes it difficult to read the signs:
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Please tell us about the family member you were escorting to the leisure centre, because you were obviously dropping somebody off. If the family member is classed as "vulnerable", (child or elderly infirm person etc), you were engaged in what is termed "assisted boarding/alighting", which should get you your PCN cancelled.
They are a child, but I have doubts about whether this would apply. I left the car to walk them into the building; it wasn't for long, but it was more than alighting from the vehicle.

This looks like nonsense - it can't be restricted if it allows drop-offs and as you say there are no terms establishing the area as an off-street car park.
Having looked online here and there in the last 24 hours, this is something I wondered also. My understanding is limited, but I had thought that Contravention 81 ("Parked in a restricted area in an off-street car park") only applies when no-one can use that area. The signs make clear however that some vehicles can use it: coaches, minibuses and taxis. In other words, surely the contravention at play should have been one that reflected the fact that my vehicle isn't one of the permitted types, rather than the fact that it's a "restricted area"...?
« Last Edit: Today at 05:48:13 pm by wakefield33 »