Lewes Forum thread

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Lewes Parking

On 2 Jul 2009 at 1:57pm dezza wrote:
Are you sure the local Parking Order is legal in Lewes? The law rrequires that the county council consult with Sussex Police before such an Order becomes law. You may like to ask Sussex Police and ESCC the nature and extent of the consultation, and you may (surprise, surprise!) find that neither has any record of consultation, indeed the CC don't keep any records of it. Now, this is fine if a Parking Order is Primary Legislation (ie an Act of Parliament), but whilst I'm no lawyer my understanding is that whilst the existence of Primary Legislation doesn't need to be proven in a Court, secondary and tertiary legislation does. Which begs the question that if ESCC can't prove they have consulted they can't prove that their Parking orders are lawful, and if this is so they have no lawful right to issue tickets. Maybe a conundrum???
On 2 Jul 2009 at 10:46pm Spinster Of This Parish wrote:
Good point. I suspect, if challenged, that a fair and reasonable judge would find it unlawful.
I always understood it was supposed to be a "residents" car parking scheme yet the scheme has been extended to all and sundry. Don't get me wrong, I have no problem with businesses and visitors to the town being able to park, but I find it ironic that the people the scheme was supposed to help the ones being penalised for it (oversubscribed zones and closure of car parking areas).
On 4 Jul 2009 at 7:38pm grumpy trader wrote:
think many of the spaces are not legal and contrvine the highway code . the western end of grange road, has spaces marked over a give way line, there are many examples of this, and what explanation is there for marked bays outside homebase on the pavement, if its private land how can ncp police that, if its public highway why can we all park on the pavement ?
On 6 Jul 2009 at 5:43pm Keeley wrote:
The road outside Homebase is not private land and there is a sign saying you're allowed to park on the pavement.
On 6 Jul 2009 at 7:32pm 4x4 wrote:
A pavement is a pavement is a pavement.
If we were supposed to park on pavements surely ESCC would of installed dropped kerbs?
On 7 Jul 2009 at 11:20am Roxy wrote:
If you park on the pavement ruond my area i am likely to put a nice long scratch right down your car. Pavements are for walking on not parking on cars go on roads not pavements people walk on pavements not roads.
On 7 Jul 2009 at 11:25am Lady with double buggy wrote:
If you park on a pavement how the hell do you expect me to get by with my buggy ?? and yes to right i would carry on walking on the pavement and if my buggy does damage your car to bad.
On 7 Jul 2009 at 12:15pm Double standards wrote:
Parking on the pavement is not illegal. How often do some people need to be toldthis?. Parking selfishly, or in breach of parking requirements is clearly anti social, and sometimes can result in a ticket.
Scratching a car, without knowing the facts is just childish. Just take the number of the car and call the parking shop. I can guarantee that they will sort out the legitimacy of the car/van at lightening speed if there's a chance of getting ticket revenue.
Pavement access should be a metre. wide, unless practicably impossible. Sometimes, when dcar access has to be made, using a narrow pavement, it is not unreasonable to hope that pavement users might cross the road, use the other side, and cross back again. Voila! problem solved. I hate crappy parking as much as anyone, but it is not all caused by malicious motorists.
Re consultation, ESCC didn't consult anyone properly because they didn't offer us any choice in the consultation. theyt had already decided on a CPZ, and all the maps showed residents parking, not the residents and permit holder parking we actually have. I don't think the signs are legal.
On 7 Jul 2009 at 2:23pm Lady with double buggy wrote:
Asking a disabled person in a wheel chair to cross the road then back again because a car is parked on the pavement is just ludicrus and selfish. Parking on pavements is violating the rights of a pedestrian. What if we all started walking in the roads making the cars wait until we got to where we where going?

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