Author Topic: Reading, Code 21 Parking in Suspended Bay Reading  (Read 572 times)

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Reading, Code 21 Parking in Suspended Bay Reading
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Husband parked in the Disabled Parking bay in St Mary Butts in Reading. There was a notice on the lamp post where we parked. On reading the first part it stated that parking was suspended NO Loading. So we assumed that it meant that the loading was suspended as there was scaffolding on the adjacent building.

There was a parking cone on the pavement when we pulled in. There was nothing to suggest otherwise that there was no parking allowed.

Walking back past the car we noticed that there was a parking ticket on the windscreen and 2 ladies that were sitting near the car on a bench, said that the parking warden moved the cone to infront of our vehicle and then proceeded to give us a ticket.

As my husband had to reverse into the space if there had been a cone there in the first place he would have knocked it over or driven over it.



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I think this is all correct if not I will try and sort

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Re: Reading, Code 21 Parking in Suspended Bay Reading
« Reply #1 on: »
These signs have a commonality in presentation. They show the "No Waiting" symbol, that all motorists are supposed to know, but when loading is also barred, there is no symbol for that, so the words "No Loading" are added. YOur photos of the sign shows the symbol, plus the words "No Parking", as well as "No Loading", so I'm somewhat at a loss as to what you expected to see on a temporary suspension sign.

For me, you are bang-to-rights and the discount is your best option unless the PCN contains fatal errors of content making it void. To check for such errors, please post the back of the PCN.

Re: Reading, Code 21 Parking in Suspended Bay Reading
« Reply #2 on: »
No loading means no parking, not even with a blue badge. It's unfortunate you misunderstood the signs but that obviously is no defence.

However nobody can say anyone is banged-to-rights about anything until we see the traffic regulation order: This is a red route bay, and TFL's red route orders only create stopping restrictions, the bays simply indicate exceptions to that restriction.

Ergo there are no designated parking places on a TFL red route. If Reading's red routes follow the same model (which is a distinct possibility), then a code 21 contravention cannot ever occur because to commit contravention 21 you must be parked in a designated parking place. If the place in question is not a designated parking place, the contravention cannot occur, no matter what the signage is. I have requested the traffic order from the council so we should soon find out.

And additional point is that the bays are not compliant, as you can't have a single yellow line running through a red route bay.

Are you the registered keeper and do you have the V5C?
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Re: Reading, Code 21 Parking in Suspended Bay Reading
« Reply #3 on: »
@Kalvie97 as expected, The Borough of Reading (Civil Enforcement Area) (Town Centre) (Red Route) Traffic Regulation Order 2020 Amendment No.1 2020 does not create a parking place at this location, rather it creates a stopping prohibition with an exemption for blue badge holders.

As such the vehicle was not parked in a designated parking place, so no parking place contravention could have occurred.

The PCN shows no amount outstanding, did you decide to just pay it without waiting for us to come back? If so, you've thrown your money away for nothing (and no, you can't do anything to get the money back, payment closes the case).
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order