Hi some advice please.
Some time ago,I had a parking ticket from a traffic warden saying I was 
parked on the pavement. I have been parking in this spot for years with no 
problems. I had my camera on me and took several shots. I decided to plead 
not guilty for the obstuction. Today in my local magistrates, I showed the 
pics to the magistrates and prosecution.Both agreed that there was no 
abstruction and the case was was withdrawn. I would like to know if I can 
claim costs,as I lost about £85.00 wages + travelling costs etc. I dont see 
why I sould be a loser when I have done nothing wrong.
Regards
Robert.

"Robert"  wrote in message 
news:29iEk.74793$QI5.11275@newsfe16.ams2...
> Hi some advice please.
> Some time ago,I had a parking ticket from a traffic warden saying I was 
> parked on the pavement. I have been parking in this spot for years with no 
> problems. I had my camera on me and took several shots. I decided to plead 
> not guilty for the obstuction. Today in my local magistrates, I showed the 
> pics to the magistrates and prosecution.Both agreed that there was no 
> abstruction and the case was was withdrawn. I would like to know if I can 
> claim costs,as I lost about £85.00 wages + travelling costs etc. I dont 
> see why I sould be a loser when I have done nothing wrong.
>
Somehow (and I don't understand how) you were very lucky.  Parking on the 
pavement is illegal unless there are signs specifically stating that you may 
do so.  It doesn't matter how long you have been doing it, that doesn't 
change the law.  You should also bear in mind that proving that no one was 
obstructed is not a valid defence to causing an obstruction.  The 
prosecution don't have to prove anyone was obstructed for a charge to stand.

If I were you, I would count your blessings and not push your luck any 
further.  You can't claim your loss of wages because you could have 
mitigated this cost by taking a day's holiday.  Travelling expenses are 
generally not claimable.

On Sep 30, 9:37 am, "M.I.5¾"  wrote:
> "Robert"  wrote in message
>
> Somehow (and I don't understand how) you were very lucky.  Parking on the
> pavement is illegal unless there are signs specifically stating that you may
> do so.  It doesn't matter how long you have been doing it, that doesn't
> change the law.  You should also bear in mind that proving that no one was
> obstructed is not a valid defence to causing an obstruction.  The
> prosecution don't have to prove anyone was obstructed for a charge to stand.
>

As far as I'm aware, driving on the pavement is illegal.  Parking is
not unless you're causing an obstruction.

Wile he obviously did drive on the pavement, that was not the
charge.

> If I were you, I would count your blessings and not push your luck any
> further.  You can't claim your loss of wages because you could have
> mitigated this cost by taking a day's holiday.  Travelling expenses are
> generally not claimable.

A days holiday doesn't really mitigate the cost.  He's out a day's
holiday which is presumably worth equivalent of a day's salary.

"Robert"  wrote in message 
news:29iEk.74793$QI5.11275@newsfe16.ams2...
> Hi some advice please.
> Some time ago,I had a parking ticket from a traffic warden saying I was 
> parked on the pavement. I have been parking in this spot for years with no 
> problems. I had my camera on me and took several shots. I decided to plead 
> not guilty for the obstuction. Today in my local magistrates, I showed the 
> pics to the magistrates and prosecution.Both agreed that there was no 
> abstruction and the case was was withdrawn. I would like to know if I can 
> claim costs,as I lost about £85.00 wages + travelling costs etc. I dont 
> see why I sould be a loser when I have done nothing wrong.
> Regards
> Robert.
>

You should have asked for costs from public funds at the time.

"M James Hunt"  wrote in message 
news:025aa2ab-4656-4858-bcf9-361a41da60f6@a1g2000hsb.googlegroups.com...
On Sep 30, 9:37 am, "M.I.5¾"  wrote:
> "Robert"  wrote in message
>
> Somehow (and I don't understand how) you were very lucky.  Parking on the
> pavement is illegal unless there are signs specifically stating that you 
> may
> do so.  It doesn't matter how long you have been doing it, that doesn't
> change the law.  You should also bear in mind that proving that no one was
> obstructed is not a valid defence to causing an obstruction.  The
> prosecution don't have to prove anyone was obstructed for a charge to 
> stand.
>

As far as I'm aware, driving on the pavement is illegal.  Parking is
not unless you're causing an obstruction.

----------------

Sorry to disappoint you but it is.  The only times parking on the pavement 
is permitted is:

A: where a specific sign states that it is.  The sign is a blue vertical 
rectangle with a white P over a car leaning to the right with the inner 
wheel on a raised pavement.  The end of the area is deliniated with a 
similar sign with a red line through it.

B:  For loading and unloading, but only if.

a) The vehicle is not causing an obstruction to pedestrians.

b) There is no loading restriction in force on the road.

c) There is no alternative to parking on the pavement in order to reach the 
premises (i.e. stopping on the road would cause an obstruction).

d) The vehicle is never left unatended.

Whilst various local authorities vary as to the extent that the rules are 
enforced, some are far more aciduous than others.  The fact that your local 
authority doesn't enforce the rules doesn't make it legal to so park.  Many 
local authorities are enforcing more and more because of the damage that 
some vehicles do to the pavements or because they have realised there is a 
potential revenue stream.

Although I can find various references to these rules, none actually 
specifies what statute this comes from.  Of course it may just be an 
extension of he fact that it is actually illegal for a vehicle to park 
anywhere on the public highway except in a parking bay specifically marked 
for the purpose.  It is the offence of 'unnecesary obstruction' to park 
elsewhere.

I got done for this a few years ago when I was parked on a 'single' yellow 
line on a Sunday morning.  The mags were having none of it in spite of my 
protestations that by painting only a single yellow line, someone who knew 
about these things had obviously decided that waiting at that part of the 
road outside of the prohibited time was not a problem.

On Tue, 30 Sep 2008 05:44:46 +0100, "Robert"
 wrote:

>Hi some advice please.
>Some time ago,I had a parking ticket from a traffic warden saying I was 
>parked on the pavement. I have been parking in this spot for years with no 
>problems.

That doesn't make it legal.

> I had my camera on me and took several shots. I decided to plead 
>not guilty for the obstuction. Today in my local magistrates, I showed the 
>pics to the magistrates and prosecution.Both agreed that there was no 
>abstruction and the case was was withdrawn. I would like to know if I can 
>claim costs,as I lost about £85.00 wages + travelling costs etc. I dont see 
>why I sould be a loser when I have done nothing wrong.

But you did.

The only reason you won is that for some reason they brought the wrong
charge.

It is not legal to park on the pavement except where specific orders
are in place allowing it.
-- 
Alex Heney, Global Villager
Justice is incidental to law and order.
To reply by email, my address is alexATheneyDOTplusDOTcom

Hi
Thanks for replies.
I will try and explain about being parked on pavement.
The pavement and road are at trhe same level,there are no markings to say 
dont park.however,there is a single strip of red coloured brick inserted 
into the geound.Just down further about 20m is a taxi rank in the same row 
as myself.The taxi rank has broken white lines. Also there is a waiting 
limit of 1 hour no return displayed. So the confusion is just this single 
red line,which is very faided out where other cars are parked frequent on 
this spot.
Hope this helps in your replies.
Regards
Robert
"Robert"  wrote in message 
news:29iEk.74793$QI5.11275@newsfe16.ams2...
> Hi some advice please.
> Some time ago,I had a parking ticket from a traffic warden saying I was 
> parked on the pavement. I have been parking in this spot for years with no 
> problems. I had my camera on me and took several shots. I decided to plead 
> not guilty for the obstuction. Today in my local magistrates, I showed the 
> pics to the magistrates and prosecution.Both agreed that there was no 
> abstruction and the case was was withdrawn. I would like to know if I can 
> claim costs,as I lost about £85.00 wages + travelling costs etc. I dont 
> see why I sould be a loser when I have done nothing wrong.
> Regards
> Robert.
>

On 30 Sep, 22:09, Alex Heney  wrote:

> The only reason you won is that for some reason they brought the wrong
> charge.


but that's not the fault of the Op usrely?

He was prosecuted for one thing, and found not guilty of it.  Why
should he be out of pocket for that particularly?

If the authorities subsequently decide ot prsocute him for what he
(allegedly) did do wrong that's up to them.

The courts are courts of law, not of "narural justice" surely?

didds

On Wed, 1 Oct 2008 02:27:09 -0700 (PDT), didds 
wrote:

>On 30 Sep, 22:09, Alex Heney  wrote:
>
>> The only reason you won is that for some reason they brought the wrong
>> charge.
>
>
>but that's not the fault of the Op usrely?

Of course not.

It just means he was lucky.


>
>He was prosecuted for one thing, and found not guilty of it.  Why
>should he be out of pocket for that particularly?

He shouldn't, particularly, but that is the norm.



>
>If the authorities subsequently decide ot prsocute him for what he
>(allegedly) did do wrong that's up to them.
>

But I suspect that would be more likely if he started to cause trouble
than if he just left it as is.


>The courts are courts of law, not of "narural justice" surely?
>

Absolutely.

But the law does not generally allow for costs to be awarded to those
found not guilty in criminal cases, even though "natural justice"
might suggest they should.
-- 
Alex Heney, Global Villager
Money is the root of all evil; everyone needs roots!
To reply by email, my address is alexATheneyDOTplusDOTcom