Does this sign have any legal standing?

RSD7a

RSD7a

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New (to me) at Tyninghame Links car park, East Lothian
IMG_20230412_101108337_HDR.jpg
 
Its East Lothian Council. They have banned overnighting in most of their car parks. They have also said the "no overnighting" with be policed. I'll leave it to the legal eagles to speak of the validity of the signs.
 
It’s high time this issue was dealt with.

The New England bay poi has recently had a sign up stating no camping or overnight parking. I have written to Dumfries and Galloway to point out that their sign breeches the 2003 Scottish Land reform act. The act states that you can with few exceptions camp in any unenclosed land, and that without a TRO from the the 1984 road traffics act the no overnight parking sign has no legal bearing, and police Scotland will not be enforcing them. Actually they cannot enforce them. Well I will be heading down there in summer, for once I am going to ignore such a sign.
As for the signage posted it depends. If this is on a public road it may well be legally binding. But if this is off road in a carpark then no it’s not.
 
AFAICT, that sign is not enforceable. This is because "No Overnight Parking" is not a variation permitted under TSRGD Schedule 4, Part 3. The crazy thing is that (subject to a matching TRO being in place) it would have been enforceable without that phrase. i.e. ...

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The Traffic Signs Regulations and General Directions 2016

This Instrument consolidates, with substantial amendments, the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, the Traffic Signs (Temporary Obstructions) Regulations 1997, the Traffic Signs Regulations and General Directions 2002 and the School Crossing...
www.legislation.gov.uk www.legislation.gov.uk
 
Biggarmac said:
Its East Lothian Council. They have banned overnighting in most of their car parks. They have also said the "no overnighting" with be policed. I'll leave it to the legal eagles to speak of the validity of the signs.
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I think that may be Alex Dale's ground Meg , he is a twat he couldn't lift the skin of a rice pudding. I have reminded him on several occasions on what a dick he is, have not time for the guy.
 
Biggarmac said:
Its East Lothian Council. They have banned overnighting in most of their car parks. They have also said the "no overnighting" with be policed. I'll leave it to the legal eagles to speak of the validity of the signs.
Click to expand...
Scotia said:
I think that may be Alex Dale's ground Meg , he is a twat he couldn't lift the skin of a rice pudding. I have reminded him on several occasions on what a dick he is, have not time for the guy.
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I utterly detest this council. They are probably the worse council in the U.K. towards us. and you only have to cross the Firth to find a council who have acted intelligently and pragmatically towards us, Fife council.

On a visit last year to the laybye at silver sands near Dunbar, we noted double yellow lines. Now for those who don’t know this area, there is nothing there apart from sea, sand and grass. No houses, hardly a building for about half a mile in the adjacent golf course. We parked up on the lay bye off the road. We got a knock on the door next morning from a traffic warden, telling us we were parked on double yellow lines, even though we were off the road. Only this shower would put double yellow lines in such a rural location. They have now dumped tons of soil on the lay bye to prevent parking, all the carparks in the area have barriers. The traffic warden asked us why not use the campsite, I told him it closes for half the year, but we have used it in the warmer months. Just let’s you see how ignorant they are. Two campers and a Motorhome came back to find parking tickets that day. They too were parked off the road. :mad:
 
Obviously Joking about my last post,
It’s about ‘Respecting’ our lifestyle & trying NOT to draw attention or too many frowns to what we enjoy.
So wether or not it’s ‘Legal’ or not should be as important to whatever the land owners request for people using the land is.😊
 
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Fisherman said:
I utterly detest this council. They are probably the worse council in the U.K. towards us. and you only have to cross the Firth to find a council who have acted intelligently and pragmatically towards us, Fife council.

On a visit last year to the laybye at silver sands near Dunbar, we noted double yellow lines. Now for those who don’t know this area, there is nothing there apart from sea, sand and grass. No houses, hardly a building for about half a mile in the adjacent golf course. We parked up on the lay bye off the road. We got a knock on the door next morning from a traffic warden, telling us we were parked on double yellow lines, even though we were off the road. Only this shower would put double yellow lines in such a rural location. They have now dumped tons of soil on the lay bye to prevent parking, all the carparks in the area have barriers. The traffic warden asked us why not use the campsite, I told him it closes for half the year, but we have used it in the warmer months. Just let’s you see how ignorant they are. Two campers and a Motorhome came back to find parking tickets that day. They too were parked off the road. :mad:
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Come to Silver Sands at Aberddour! We used it for our first day trip to test our new [to us] M/Home in Apr 21. we were prepared to pay to park, but were guided by the Attendant to the 3 free overnight pitches [steep descent and quite narrow access on a 2 way lane rather than road, so wouldn't consider it in a large Van]. All very pleasant, views across the Forth to Edinburgh [2nd photo is looking across the bay to Kinghorn], and less than 4 miles to drive home!IMG_20210423_120532.jpgIMG_20210423_143448.jpg

Steve
 
Fisherman said:
It’s high time this issue was dealt with.

The New England bay poi has recently had a sign up stating no camping or overnight parking. I have written to Dumfries and Galloway to point out that their sign breeches the 2003 Scottish Land reform act. The act states that you can with few exceptions camp in any unenclosed land, and that without a TRO from the the 1984 road traffics act the no overnight parking sign has no legal bearing, and police Scotland will not be enforcing them. Actually they cannot enforce them. Well I will be heading down there in summer, for once I am going to ignore such a sign.
As for the signage posted it depends. If this is on a public road it may well be legally binding. But if this is off road in a carpark then no it’s not.
Click to expand...
It's a dead end road the last 300m of which is a car parking area where you pay the council £2.50 per day (cash or Ring Go). There's over a mile of double yellow lines (so tasteful on a little country lane) on the lead-up road itself and these come to an end before the paying car park area begins. To Fisherman's point above, whether it's actually an off road car park or is technically still the road may be hard to determine.
 
RSD7a said:
It's a dead end road the last 300m of which is a car parking area where you pay the council £2.50 per day (cash or Ring Go).
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Bit off-topic, but as you mentioned it ..... £2.50 if you pay cash (pay and display machine I presume?), is the Ring Go the same £2.50. Wondering as I have only used it once - in Edinburgh - and when I checked how much the parking had cost, it was about £2 more than if I paid at the machine. Does using Ring Go usually cost extra, or the same? or varies?
(don't know if you know the answers :) )

 
wildebus said:
Bit off-topic, but as you mentioned it ..... £2.50 if you pay cash (pay and display machine I presume?), is the Ring Go the same £2.50. Wondering as I have only used it once - in Edinburgh - and when I checked how much the parking had cost, it was about £2 more than if I paid at the machine. Does using Ring Go usually cost extra, or the same? or varies?
(don't know if you know the answers :) )
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The parking attendants are not council workers but a private company that take things very seriously🤬. Give them a uniform they think they’re Hitler types🤦🏻‍♂️
 
wildebus said:
Bit off-topic, but as you mentioned it ..... £2.50 if you pay cash (pay and display machine I presume?), is the Ring Go the same £2.50. Wondering as I have only used it once - in Edinburgh - and when I checked how much the parking had cost, it was about £2 more than if I paid at the machine. Does using Ring Go usually cost extra, or the same? or varies?
(don't know if you know the answers :) )
Click to expand...
It's the same cost in my experience.
 
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