Parking fine - loading bay - appeal unsuccessful???

sporina · 22-04-2014 02:18PM

Michael D Not Higgins wrote: »

Can I refer you to this

http://www.corkcity.ie/services/corporateandexternalaffairs/agendaandminutesofmeetingsofcorkcitycouncil/minutesofmeetingsofcorkcitycouncil/minutes2010/MinsCouncilMeeting270910.pdf

"The report of the City Manager stated that Signs and road markings associated with parking and loading bays are governed by national regulations and there is no discretion in this matter. Failure to abide with the regulatory signage and road markings would compromise Cork City Council‟s ability to enforce parking controls."

but there are no road markings!!!?
also that looks like the minutes of a meeting - not a legal doc??

Pro Hoc Vice · 22-04-2014 02:23PM

sporina wrote: »

but there are no road markings!!!?
also that looks like the minutes of a meeting - not a legal doc??

It is a statement of the city managers view of the law. A sign just says that a loading bay exists, but the marking show exactly where it is. I am aware of a stretch of road which has loading bay, taxi rank and parking. If there are 3 signs how in gods name can I know which is which unless marked. I would put a bet that most judges would throw out any summons if there is evidence of no markings.

Victor · 22-04-2014 02:30PM

sporina wrote: »

but there are no road markings!!!?
also that looks like the minutes of a meeting - not a legal doc??

Read it like this:

"Failure to abide ... would compromise Cork City Council‟s ability to enforce parking controls."

sporina · 22-04-2014 02:37PM

Victor wrote: »

Read it like this:

meaning?

i read that as in they can read the law as they like in order for them to be able to charge what they like and fine who they want.

they can think again.. dream on

Victor · 22-04-2014 02:41PM

The council needs to abide by the rules for signage if they want to prosecute people for not abiding by the rules for parking.

BenRowe · 22-04-2014 03:35PM

sporina wrote: »

the black car is where i was parked on both occasions..

And is the white car in the loading bay? i see no road markings except a possible faded part of a line under the back left wheel of the black car

And i cannot read what is on the square sign under the two circular P signs. Does that say loading bay?

sporina · 22-04-2014 03:46PM

BenRowe wrote: »

And is the white car in the loading bay? i see no road markings except a possible faded part of a line under the back left wheel of the black car

And i cannot read what is on the square sign under the two circular P signs. Does that say loading bay?

yes that parking area is apparently a loading bay..

no the sign you are referring to is on a different street - its perpendicular to main street

BenRowe · 22-04-2014 03:56PM

sporina wrote: »

yes that parking area is apparently a loading bay..

no the sign you are referring to is on a different street - its perpendicular to main street

so no lines and no sign on the street the bay is in. i am not a legal person this is not advice but it seems ludicrous to me to expect someone to know there is a sign around the corner. By that logic we should check around every corner before we park anywhere:eek: unless i am missing something

Michael D Not Higgins · 22-04-2014 03:56PM

Here's what's on Google streetview from 2011. The markings are barely legible on the road back then but the sign is pretty clear.

BenRowe · 22-04-2014 03:59PM

Michael D Not Higgins wrote: »

Here's what's on Google streetview from 2011. The markings are barely legible on the road back then but the sign is pretty clear.

is that sign in the same street and visible from where op parked. google streetview sometimes twists and makes bends where there are none in my exp

Michael D Not Higgins · 22-04-2014 04:04PM

BenRowe wrote: »

is that sign in the same street and visible from where op parked. google streetview sometimes twists and makes bends where there are none in my exp

Go have a look yourself on google maps http://goo.gl/maps/fK3u2

There's also another sign at the end of the loading bay, which appears to have been twisted around on OP's picture. This obviously doesn't negate their obligation to properly mark the loading bay, but doesn't help OP's cause.

Michael D Not Higgins · 22-04-2014 04:08PM

Here's another angle from 2009 where the loading bay is properly marked. Looks like they haven't been doing the upkeep on the road markings.

sporina · 22-04-2014 04:33PM

BenRowe wrote: »

so no lines and no sign on the street the bay is in. i am not a legal person this is not advice but it seems ludicrous to me to expect someone to know there is a sign around the corner. By that logic we should check around every corner before we park anywhere:eek: unless i am missing something

no there are signs but thats my argument… maybe you have not read the start of the thread..

loading bays must be indicated by road markings.. as one would expect

No Pants · 22-04-2014 05:41PM

sporina wrote: »

meaning?

i read that as in they can read the law as they like in order for them to be able to charge what they like and fine who they want.

they can think again.. dream on

That's not what it is saying at all. It is actually supporting your stance.

BenRowe · 22-04-2014 07:34PM

sporina wrote: »

no there are signs but thats my argument… maybe you have not read the start of the thread..

loading bays must be indicated by road markings.. as one would expect

Ok i cannot say if loading bays must be indicated by road markings. I see one sign with an arrow but no road markings

BenRowe · 22-04-2014 07:35PM

Michael D Not Higgins wrote: »

Here's another angle from 2009 where the loading bay is properly marked. Looks like they haven't been doing the upkeep on the road markings.

or else the road was resurfaced. Op bring both photos

sporina · 22-04-2014 08:09PM

No Pants wrote: »

That's not what it is saying at all. It is actually supporting your stance.

oh sorry i was reading that from the eye of the public - but that doc was for the council - yeah?

No Pants · 22-04-2014 09:01PM

sporina wrote: »

oh sorry i was reading that from the eye of the public - but that doc was for the council - yeah?

Don't be lazy

, read the document yourself. The first line of the PDF states:

"MINUTES OF ORDINARY MEETING OF CORK CITY COUNCIL HELD ON MONDAY 27TH SEPTEMBER 2010"

Bottom of page 9 is the bit you're referring to.

Five Lamps · 23-04-2014 12:23PM

Email Cork City Council and ask them to define the requirements for a loading bay as per the law.

sporina · 15-05-2014 08:28PM

take that city hall - my 2nd appeal has been granted.

Parking fine - loading bay - appeal unsuccessful???

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