fixed penalty ticket for parking "on a clearway"

I was given a ticket for parking on a clearway on a rural road. But the car was actually parked on some rough ground on the side of the road and no part of the car was obstructing the road. There was no "no parking sign" or police traffic cones on this piece of rough land.

I have been looking to find the legislation which defines clearways. Does anyone know where I could find that on the internet? Has anyone had the same experience and has challenged the ticket in court and with what results?

Thanks

Mike
22:35 Sun 13th Sep 2009
 
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Parking restrictions always apply across the full width of a highway (or across half the width if the restrictions only apply to one side of the road). As far as the law is concerned, the boundary of the highway runs right up to the wall, fence, hedge (or whatever) that defines the boundary of the property alongside the highway. So 'clearway' rules will always apply to footpaths, verges, etc alongside the road.

It's similar to a situation which occurred on Herries Road in Sheffield, which is close to Hillsborough Stadium. Sheffield Wednesday fans had been in the habit of parking on the 'rough verge' there for many years, even though there were yellow lines present on the road. After one game though, dozens of fans left a game to find that their cars had all been (quite correctly) 'ticketed' because the parking restriction applies just as much to the verge as it does to the road.

Chris
Question Author
Thanks Chris. One lives and learns! I'm grateful for your advice.
Question Author
In addition to Chris's comment, I have been informed that one is not allowed to park adjacent to a clearway if it means crossing the edge of the carriageway to get to the parking position. Hope this is helpful to others.
What percentage of UK drivers know what the sign for a 'clearway' is?
Everyone should know what the sign is - it's a requirement of passing the driving test so if someone doesn't know it's not anyone's problem but theirs. PS it's a red cross on a blue background with a red circle around it, or maybe the other way round oh s*d it I'd know it if I saw it so that's all that matters.
It is also illegal to park your vehicle in a layby on a clearway. By parking I mean to leave it there while you go somewhere else.

I know a group of country walkers who parked in a layby while they went for a walk. When they returned they all had parking tickets.
Advise you not to challenge penalties unless you are handicapped/foreign or pregnant. Mostly causes double points & larger fine

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