|Parked on 31st July 2014|
Was the blue car, on the right, parked illegally or inconsiderately – or is it a combination of both these options - or neither? What do you think?
The vehicle has often been parked on this spot, which is within a staggered junction of three roads (one a thoroughfare and two residential cul-de-sacs). Its two nearside wheels are on the pavement and the two rear wheels on a traffic speed restriction hump. The location is in Lincolnshire.
|The car was parked directly opposite the B of Burghley Square|
In the Highway Code where it states 'MUST NOT' the instruction given is subject, covered by a Law, which is referred to in the parenthesis. Note that this relates only to the London area; it does not apply to on-street-parking in other counties within the United Kingdom.
The move towards Decriminalised Parking Enforcement (DPE) allows the responsibility for enforcing parking contraventions to be transferred from the police to local councils. The Road Traffic Act 1991 and Traffic Management Act 2004 authorised the option of councils to assume the responsibility and powers needed for parking enforcement within their areas. One of the aims of DPE, or CPE (Civil Parking Enforcement) as it's also referred to, was to change the majority of parking offences from a criminal offence – whereby a driver obtained a criminal record and points on a licence – to a civil matter dealt with by the issue of a financial penalty via a Penalty Charge Notice (PCN) – no points and no criminal record.
Lincolnshire County Council assumed the powers of CPE in December 2012.
|Parked on 3rd August 2014|
- opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
- opposite a traffic island or (if this would cause an obstruction) another parked vehicle
- where the kerb has been lowered to help wheelchair users and powered mobility vehicles'.
Is it not feasible that failing to observe the recommendations of Rule 243 could result in a contravention within Rule 242. Within the letter from the LCC is the comment:'If there are vehicles in question that are wilfully causing obstruction to traffic or pedestrians this would be a police matter'.
The car was parked 'opposite …. of a junction' which is to the right; and 'within 10 metres (32 feet) of a junction' which is to the rear of the car. So, could this mean that parking it at that location was an illegal act, irrespective of the position of the wheels on the highway or the pavement?
What do you think of the driver's action? Should there be some sort of redress against drivers who park anywhere they want? Did the driver do anything wrong?
© Elliot Sampford 2014