PTN on a faded double yellow line

[jahanzeb_001]

Hi,
I recieved a PTN on a bank holiday for parking on a double yellow line in Westminister. I thought I was parking on a single yellow as the second yellow line was so badly faded that it has mostly disappeared. The only sign of the area where my car was barked being a double yellow was a two feet patch of the second yellow line that wasn't worn off which was hidden under my car once I had parked.

Is anybody able to advise of this PTN is valid? The second yellow line was mostly not there and there were no signs advising that i was parked on a double yellow. (Although I know the council do not have to place signs for double yellow lines). I cant seem to find any solid laws that state whether this road would still be considered a double yellow line when one of the lines has almost completely disappeared.

I greately appreciate your help.

Many thanks
Jahanzeb

[I_have_a_proper_job]

Without more facts its impossible to make more comments. Bank holidays are not free parking by law unless specified you need to check locally before assuming this. Single yellow lines also do not need timeplates in a controlled zone.
You should take photo evidence and submit it with your appeal, the council will probably turn you down then its up to you to decide if its worth the time and effort to go to adjudication.

[patdavies]

Originally Posted by I_have_a_proper_job

Without more facts its impossible to make more comments. Bank holidays are not free parking by law unless specified you need to check locally before assuming this. Single yellow lines also do not need timeplates in a controlled zone.

Correct. However, the OP stated that he/she was ticketed for parking on a double yellow.

If the line is severely faded, broken or otherwise varies from the description in the Regs, then it us unenforceable, end of.

If the Double yellow was invalid, then it cannot be enforced as a double yellow contravention, nor can it be enforced as a single yellow contravention regardless of the CPZ times, as the TRO would specify the line as a double yellow.

[I_have_a_proper_job]

There is no difference in the offence codes for a single or double yellow line so the OP would not know what the PA had issued the ticket for. The offence code 01 is for parking in a restricted street which can be double or single line.

[patdavies]

Originally Posted by I_have_a_proper_job

There is no difference in the offence codes for a single or double yellow line so the OP would not know what the PA had issued the ticket for. The offence code 01 is for parking in a restricted street which can be double or single line.

But a single line is only restricted at certain times as evidenced by the related street signs or CPZ entry signs. Anyway, if it is faded double yellow, then the TRO will almost certainly state "at all times" which requires a double yellow.

Anyway, as the PA has almost certainly ticketed on the basis of the double yellow lines, and from what we are told this fails to meet the required regulation for signing, then the PCN is appealable on the basis that the contravention did not occur - the reference to cite is Davis v Heatley

At the risk of splitting hairs again, the offence code is an irrelevance - the RTA1991 requires the statement of the offence - not the code.

[I_have_a_proper_job]

I agree it does look like it was issued for the dyl I realise the code does not matter on the PCN which is why I also included the contravention parked in a restricted street. The vast majority of Westminster is controlled by CPZs so the lack of time plate does not help without knowing where the OP was parked. Not knowing the offence does not help either for all we know it may have been an o2 loading restriction ticket since the OP has not stated the contravention they commited.

[patdavies]

Originally Posted by I_have_a_proper_job

I agree it does look like it was issued for the dyl I realise the code does not matter on the PCN which is why I also included the contravention parked in a restricted street. The vast majority of Westminster is controlled by CPZs so the lack of time plate does not help without knowing where the OP was parked. Not knowing the offence does not help either for all we know it may have been an o2 loading restriction ticket since the OP has not stated the contravention they commited.

It doesn't matter - the road markings are signs in law and we are told that they fail to conform to the TRSGD, which means, in law, that they do not exist. Thus no PCN, waiting or loading, is enforceable. Without valid signing (including the lines), no contravention occurred or can occur.

[jahanzeb_001]

Hi,

I would like to thank you for your advise. I have appealed the PTN and will fight it all the way.

Just to answer some of the points you were querying, I was indeed given a parking ticket for parking on a double yellow line as advised by the traffic warden who issued the ticket. He also advised that he would not have been giving me a ticket if it was a single yellow line as i would have been able to park there at that time. I have got some very good pictures which strongly enhance my case, but unfortunately i was unable to upload them onto this site. and finally to describe to you the state of the yellow line, the size of the parking space was about the size of 3 mini coopers in which my Honda accord fitted comfortably. one yellow line was clearly visable. there was a 2 feet patch in the middle of the area where a second yellow line was still painted. the rest of the second yellow line was almost completely faded.

thank you for your attention to this matter

Regards

Jahanzeb

[I_have_a_proper_job]

The council will probably turn down your appeal on the first try but the parking ajudicator will cancel the PCN if it goes that far they are pretty hot on signs and lines being correct.