parking ticket on broken double yellow lines

[damage1_1]

I have recently been given a parking ticket for parking on double yellow lines which are broken due to the fitment of a new drain and which are worn away where they go round the corner to the stop line.
I was always led to believe that it was not legal to issue a ticket on these lines. I appealled this ticket and sent photo evidence but have now had a letter back stating that their legal dept has reviewed this case and decided it must stand! I may add that a few days later the lines have been repainted!! Where do I stand on this issue - can anyone help?

[green_and_mean]

There is no deffinitive rule on yellow lines but generally adjudicators will throw out appeals for 'trivial' matters such as a six inch gap in a 400 yard line due to utility work but uphold serious defects such as worn lines with multiple breaks along the entire length. Every case is different if you think the lines are not valid and unenforceable you should appeal.

[pt2537]

I have to agree with G&M, the adjudicators do tend to rule that trifles are not something which they are bothered with

therefore a minor break in the line is rather irrelevent in their eyes, however the law does say quite different.the trouble is what the law says is not something which the adjudicators really worry about half the time

as G&M says you really need to appeal if you think they are wrong

can you post a copy of the ticket itself as that can also contain flaws which render them unenforceable

[green_and_mean]

Originally Posted by pt2537

Ihowever the law does say quite different.the trouble is what the law says is not something which the adjudicators really worry about half the time

There is no legal required standard for the quality of road markings. People try to use the 'no variations' argument but this is incorrectly interpreted from the TSRGD, as it is the colour, size and design that cannot be varied, wear and tear and damage is not a variation which is why the adjudicators or magistrates can use their discretion.

[pt2537]

i think we will have to agree to disagree im afraid, but i do note the ruling in Davis and Heatley relating to signs

[green_and_mean]

Originally Posted by pt2537

i think we will have to agree to disagree im afraid, but i do note the ruling in Davis and Heatley relating to signs

I'd be happy for you to supply me with a link to the statutary regulations regarding wear and tear on road markings. In the mean time if you read Davis vs Heatley the case concerns solid white lines combined with broken white lines which as I stated were NOT permited as they were not a permitted variation of a prescribed design, no where in the case was the quality of the road markings raised.

[krysus]

Originally Posted by green_and_mean

There is no legal required standard for the quality of road markings. People try to use the 'no variations' argument but this is incorrectly interpreted from the TSRGD, as it is the colour, size and design that cannot be varied, wear and tear and damage is not a variation which is why the adjudicators or magistrates can use their discretion.

So if you park in an on-street local authority pay-and-display, and the lines marking the boundary / ends of the bay do not conform to TSRGD, the whole bay is free because of the "no variations" rule?

I believe this is what was pointed out on a show on BBC1 about 6 months ago...

[green_and_mean]

Originally Posted by krysus

So if you park in an on-street local authority pay-and-display, and the lines marking the boundary / ends of the bay do not conform to TSRGD, the whole bay is free because of the "no variations" rule?

I believe this is what was pointed out on a show on BBC1 about 6 months ago...

In many cases it may be the case but what most people fail to realise is that bays laid down before the TRSGD 2002 may still be legal since the markings changed and old ones remain legal.

[krysus]

Originally Posted by green_and_mean

In many cases it may be the case but what most people fail to realise is that bays laid down before the TRSGD 2002 may still be legal since the markings changed and old ones remain legal.

Surely that's just a nice get-out for the LA then?

Seeing as they make enough money off parking tickets, you'd have thought they'd have the resource to re-paint the lines to conform with TRSGD?!

How can you find out when lines were painted, and so whether they fall under the new regulations? What regulations regarding lines etc, if any, were in place prior to TRSGD 2002?

[green_and_mean]

Originally Posted by krysus

Surely that's just a nice get-out for the LA then?

Seeing as they make enough money off parking tickets, you'd have thought they'd have the resource to re-paint the lines to conform with TRSGD?!

They do comply if in place prior to 2002, so why re paint them....do you know how much it costs!? There is no real difference in meaning or appearance so unless they need repainting its not really worth the expense.