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Your guide to private and on-street parking rules in Lincolnshire...

By Lincolnshire Echo  |  Posted: December 03, 2012

Parking enforcement

Lincolnshire County Council is now responsible for policing on-street and residents' parking

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Parking enforcement steps up a gear across Lincolnshire today, when a new team of 20 traffic wardens takes to the streets. Here is your guide to how drivers will be affected...


Q.Who can issue parking penalties and where?

The county council's civil parking enforcement is being run by APCOA Parking (UK) Ltd and will operate in residents' parking zones and on-street parking areas.

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District councils remain responsible for their car parks as do companies like NCP who run private car parks.

Q. What can I be charged for?

Operators of private car parks issue charges for breach of contract. Penalties arise from breaking the agreement terms – for example, not paying and displaying, parking in the wrong bays, over lines or exceeding the maximum stay.

Councils have powers under legislation to issue penalty charge notices.

For example, from December 3, the City of Lincoln Council, will operate its enforcement under the Traffic Management Act 2004, which will match the county council's on-street Civil Parking Enforcement.

A city council penalty is £25 if paid within 14 days or £50 after 14 days.

Under CPE, motorists can be charged £70 for parking on double or single yellow lines, in bus stops, on zig zags at pedestrian crossings and in taxi ranks.

Parking in limited waiting bays would attract a £50 ticket.

Councillor William Webb, who is responsible for highways at the county council, said: "This isn't about making money.

"It's about helping to keep people moving safely, reducing congestion and inconsiderate parking, along with supporting businesses with parking bays nearby."

Q. What if I feel the penalty is not justified?

Tickets can be challenged with the issuing local authority and after that an appeal can be made to independent Traffic Penalty Tribunal, which makes a final decision between the council and the registered keeper of the car in question.

In a private car park, if the operator is British Parking Association approved, there is an appeals process.

If it is not BPA approved, it is a sensible step anyway to write to the company setting out the grounds on which you consider the ticket was wrongly issued and there was no breach of contract – it creates a good impression at court to show that you have been active and consistent in arguing your defence to the claim.

Q. On what grounds can charges be challenged?

Darren Morgan, head of the dispute resolution team at Langleys Solicitors, which operates in Lincoln and York, said: "If you choose to object to the ticket, or when you are defending at court, evidence to support your argument that there has been no breach is crucial.

"So if you have paid for parking by mobile phone and still got a ticket, your evidence would be the confirmatory text you receive regarding payment having been processed and/or identifying the debit on your bank statement for the parking charges.

"Other good grounds for refusing to pay might be if in a pay and display car park a ticket had slipped off the windscreen and you can demonstrate by retention of the ticket that payment had been made."

Q. Do I have to pay a charge issued on private land?

The recently introduced Protection of Freedoms Act makes it illegal to clamp vehicles on private land.

But operators and landowners can now chase both the registered vehicle keeper and driver for unpaid charges.

Lawyer Darren Morgan told the Echo: "If you refused to pay a parking charge because there were good grounds for doing so, the parking firm would have to pursue payment through the courts as a small claim, giving you a chance to defend the claim.

"How many cases such as this would be pursued is not possible to say but given the likely size of the claim it is always possible that it is too much hassle and the company won't follow through with a claim."

NCP's Michelle McCarthy said the circumstances of each individual case are considered before deciding which course of action to take.

Do you have something to say? Leave your comment here...

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  • lincshighst  |  December 05 2012, 2:36PM

    by 2ridiculous {"Badge holders may park on single or double yellow lines for up to three hours" (straigh from the Gov't web-site).} Two words: affirmative action???

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  • Cloth_Ears  |  December 05 2012, 1:25PM

    "The police could deal with this problem.........if they wanted to!" Why would they want to when they are stretched already dealing with actual crimes. Anyhow if these paths were clear they would only be blocked immediately by morons walking fout abrest, or after dumping their cars on double yellows the disabled community will ride their mobility scooters along the path in pairs sending everyone else scattering.

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  • Cloth_Ears  |  December 05 2012, 1:25PM

    "The police could deal with this problem.........if they wanted to!" Why would they want to when they are stretched already dealing with actual crimes. Anyhow if these paths were clear they would only be blocked immediately by morons walking fout abrest, or after dumping their cars on double yellows the disabled community will ride their mobility scooters along the path in pairs sending everyone else scattering.

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  • Roadscource  |  December 05 2012, 1:05PM

    "ie too close to and within the 5mtre restricted zones at road junctions" The visibility requirement at a junction is never less than 90 metres at 30mph and increases to 160 metres at 50mph. Try stopping your vehicles from 30mph in 5 linear metres, if you can do it then it would put the Highway Code chart to serious shame. So this begs the question as to why blue badge holders are allowed to park anywhere they like? Does the blue badge make your vehicle transparent?

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  • Dixie9  |  December 04 2012, 8:49PM

    "I agree with all of that except that there is no law outside of certain areas in London restricting parking on the footpath - sadly." Not so.The pavement or footpath is part of the highway. [i]If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage of the highway, he commits an offence, (section 137 Highways Act 1980). "Highway" means the whole or part of a highway, other than a ferry or waterway, (section 328(1)) and where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken as to be part of the highway, (section 328(2)). It is an offence to wilfully cause an obstruction in any public footpath or public thoroughfare, (section 28 Town Police Clauses Act 1828). No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road (Regulation 103, Road Vehicles (Construction and Use) Regulations 1986).[/i] The police could deal with this problem.........if they wanted to!

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  • 2ridiculous  |  December 03 2012, 5:18PM

    by alp141 Monday, December 03 2012, 10:55AM . "I hope these wardens concentrate more on the people that park dangerously, ie too close to and within the 5mtre restricted zones at road junctions, on footpaths,grass verges, and cycle lanes. These are more important than parking inside the boxes in car parking areas." I agree with all of that except that there is no law outside of certain areas in London restricting parking on the footpath - sadly. I would like to add, I would like to see them nicking those who enter yellow diamond areas without a viable exit - thereby causing gridlock!

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  • 2ridiculous  |  December 03 2012, 5:04PM

    Councillor William Webb, who is responsible for highways at the county council, said: "This isn't about making money. "It's about helping to keep people moving safely, reducing congestion and inconsiderate parking, along with supporting businesses with parking bays nearby." What utter TOSH! It's all about making money - Ususally from people who already pay extortianate funds to the councils in Council TAX! If it wasn't about making money, they wouldn't be charging disabled drivers to park on council car parks! If you are diabled, you can legally park on single or double yellow lines wherever & whenever you like. "Badge holders may park on single or double yellow lines for up to three hours" (straigh from the Gov't web-site). If it was about free-flowing traffic they wouldn't be pushing disabled drivers outof car parks to park wherever they like! Personally, I think Lincoln City council tax payers should all be issued with 1 x parking disk offering up to 3hrs free parking per day for free!

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  • alp141  |  December 03 2012, 10:55AM

    I hope these wardens concentrate more on the people that park dangerously, ie too close to and within the 5mtre restricted zones at road junctions, on footpaths,grass verges, and cycle lanes. These are more important than parking inside the boxes in car parking areas.

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  • WixonUK1  |  November 29 2012, 5:27PM

    The only money that can be claimed in a private car park is that which represents any actual loss suffered by the landowner, not some imaginary figure plucked out of the air by the parking company. This is why they will never take you to court, as they know they would not win.

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