Motorhome parking in Petersfield, Hants on 4 Nov 09
Length of motorhome – 20 ft.
We received a parking ticket and went immediately to the Council Office and wrote this appeal on a standard form.
My wife and I visit my … 93-year-old aunt [who lives in Liss – three miles away] every quarter and have done so for over ten years.Most of the visits have entailed parking in the line as we parked today.The vehicles used have been of similar dimension to the motorhome used today.That amounts to around forty visits.We have not received any penalty before.
On board: my aunt – very shaky on her feet, my wife in whose name the disability badge was issued, and our also-disabled daughter.We hope to continue the pattern of visits without problem.
4 Nov 09
This extract is from the reply which came by post and was dated 8 Nov 09.
The Car Parking Order 2008 that a vehicle must be parked wholly within a lined bay, the vehicle was parked … protruding into a driving isle making it difficult for other persons to drive passed the vehicle safely.…
In the future please can you park in two parking bays so that the front or back of the motor-home is not causing an obstruction.If you displaydisable badge .. you are able to park charge free in any EHDC car park in any bay.
You can pay …etc
Dear Ms Davidson 9 Nov 09
To give an immediate response to your letter, I reply by email.
My wife and I have had a chance to reflect on this unjustifiable fine and remember parking in the same disability line of bays in August and in March of this year and three of four visits last year. Presumably, the Car Parking Order 2008 applied but we received no fine. As described later, the visits were not brief.
One dimension of our visits to my elderly aunt is to help her buy her groceries at Waitrose. The day includes lunch at a Petersfield restaurant and visits to other shops in the town. We generally park at around noon and leave around 3pm. On previous visits we have noticed car park attendants performing their duties and, as I have said, we have not been issued with a fine.
You have taken no account of what I have said in the appeal. There is no guidance as to why we have not had a parking fine in the ten years or more of visits similar to the one in question. There is a complete lack of empathy in the interpretation given to a “lined bay”. There was no question of difficulty relating to “other persons to drive passed the vehicle safely” and the space is more than adequate. Had there been any difficulties, no doubt they would have been reported. I spoke to a nearby taxi-driver who asked “What are you supposed to do – fold your vehicle in half?”
Your suggestion regarding the use of two bays may be all right at times when the car park is not in full use. It is always busy when we visit. I did not notice such a possibility but I was not looking for that solution. Some Councils apply fines in this situation so it would not occur to most people to use this approach.
Many motorhome magazines often feature motorhome parking and readers have created websites. In both situations, Councils are listed in terms of provision and attitude towards motorhome parking. I trust that you will reconsider the situation and enable me to report that Petersfield/EHDC is somewhere favourable to motorhomes. I will report that the use of two bays is permitted.
After several attempts to email the Solicitor to the Council I sent this email elsewhere on 16 Nov :
Please institute the appeal process by furnishing the addressee with all correspondence.
Please point out that the statistics re not receiving a fine previously do not add up. Luck is outwith the situation. Please confirm that the dates for paying the fine do not apply in the appeal situation.
Thanks.
During these attempts to reach the Solicitor, I phoned to obtain another email address.I asked that this statement be consider also:
“I should have added to the appeal that I was still suffering after an operation to repair a broken collar-bone which makes shepherding three invalids even more dependent on parking where we parked. My wife and I average an age of 70."
Extract from a letter from the Solicitor to the Council 24 Nov 09
… your vehicle was clearly in excess of the perimeter of the bay.…
In your previous appeal letter you argue that you have been parking in this manner for a number of years and have only now been issued with a Standard Charge Notice.Whilst I agree you have been fortunate in this respect I do not regard this as a defence..
[[Pay up.]]
Enclosed were 26 sides of A4 of regulations and two sides of photos.
I sent £30 with proof of posting to meet the seven days permitted.
Let’s consider some points.
This letter could be rewritten – green text corrects.
The Car Parking Order 2008 states that a vehicle must be parked wholly within a lined bay, full stop as this ends the statement The vehicle was parked … protruding into a driving isle aisle making it difficult for other persons to drive passed past the vehicle safely.…
In the future please can you park in two parking bays so that the front or back of the motor-home is not causing an obstruction.If you displaydisable badge .. you are able to park charge free in any EHDC car park in any bay.
You can pay …etc
On the asumption that an office junior wrote the letter, I was determined to press my case.
Perhaps “driving isle” is a legal term.“isle” is about right as you could float one in the area deemed to be an over-hang problem. If it was difficult to drive past, why was there no build up of vehicles and the Police called. Because it did not take place. Why is it that car park attendants and drivers were not leaping about shouting “obstruction” during three hours of alleged obstruction?That is because it was NOT difficult for other persons to drive passed past the vehicle safely.… All that happened was one zealous attendant fixing a ticket on my windscreen. The same would have been trained to report immediately to the Police if any passage problem prevailed.
As I said earlier - the statistics just don't add up.
Virtually all the 37 car parks [excluding goods vehicle/lorry/coach mentions] listed within the 26 pages refer to “Motor car [etc] not exceeding 30 cwts unladen weight.”One only does not include “not exceeding 30 cwts unladen weight.”.Only three state “Motor vehicle” and nothing else but they are miles from Petersfield.
In over forty visits to the town, we have not parked on yellow lines.I will be writing to ask if Petersfield is aware that we can. It is a town where such action would often cause chaos. If that is what the Council wants, anyone who experiences the attitude which prevails might be forgiven for exercising such a right.
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