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just recieved a pcn, going to dispute at as there's no t bar at either end of the single yellow line, plus there are breaks in the line.
its my understanding there should be one continuious yellow line with no breaks in the line, and the t bar should be a definate 90 degree angle clearly set out.
can someone supply me with a template letter to send them.
The Traffic Sign Regulation and General Directions 2002.
Ground- The contravention did not occur; specifically that the restriction is not signed as prescribed by the Traffic Sign Regulation and General Directions 2002 (the TSRGDs).
Why the signing/ road marking is non- prescribed. Road marking must conform to “Schedule 6 Road Markings. The road markings numbered 1017/1018 are continuous line terminating with T Bars. Particular attention is drawn to item 4, Permitted Variants.: None. The road marking in the restricted area are not continuous and do not have the required T Bar endings, so therefore Varying from the prescribed regulation.
Note. That if the restriction is followed by another restriction then no T Bar is required between the two restrictions.
Davis v Heatley [1971] R.T.R 145.
Because by s.64(2) of the Road Traffic Regulation Act 1984, traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the regulation of which is an offence contrary to s.36 is not prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.
Have used this in court myself the case was thrown out and I collected £130 in costs.
Canadine vs DPP 2007 says the opposite in that minor variations are not relevant. It depends on the view of the adjudicator as to how poor the signage was.
Hi,
In reply to evington's post, this has been of some help, with regards to my initial challenge.
Although they are still playing on the fact the car should not been parked in the street during prescribed hours, and is now going to the next stage.
I have photographic evidence which i will be sending in addition to my challenge, although my plee has been declined.
On the basis of the following: a vehicle is not permited to park on a yellow line when restrictions are in force for other than the purposes of loading or unloading, or allowing passengers to board or alight.
They also stated that the yellow line is clear and visible, but low and behold i arrived in the same location this morning and the yellow lines had been redone on both sides, therefore admiting fault as i see it, glad i got the evidence before hand.
But as i see it if the yellow lines had breaks in them at the time of the pcn's being issued, its my guessing that the paper that they were printed on are deemed useless is this the case?
Hi,
In reply to evington's post, this has been of some help, with regards to my initial challenge.
Although they are still playing on the fact the car should not been parked in the street during prescribed hours, and is now going to the next stage.
I have photographic evidence which i will be sending in addition to my challenge, although my plee has been declined.
On the basis of the following: a vehicle is not permited to park on a yellow line when restrictions are in force for other than the purposes of loading or unloading, or allowing passengers to board or alight.
They also stated that the yellow line is clear and visible, but low and behold i arrived in the same location this morning and the yellow lines had been redone on both sides, therefore admiting fault as i see it, glad i got the evidence before hand.
But as i see it if the yellow lines had breaks in them at the time of the pcn's being issued, its my guessing that the paper that they were printed on are deemed useless is this the case?
Please can anybody please advise me.
Regards,
Giggs
If the lines have just been repainted, then this will add weight to your appeal as you rightly say.
state of yellow lines will probably go to the adjudicator where they will make a judgement. so make sure all your pics reflect the conditions at the time.
Yeah, and the conditions at the time were the fact that the markings were non compliant with regulations, hence they repainted them thinking i had not yet got proof of this, but lucky for me i have.
So ill be sending before and after pics, and see what they have to say then ..... ??
Yeah, and the conditions at the time were the fact that the markings were non compliant with regulations, hence they repainted them thinking i had not yet got proof of this, but lucky for me i have.
So ill be sending before and after pics, and see what they have to say then ..... ??
how about causing the la a crap load of paperwork with your reppy.?
la who is that? is it a new telly tubby or something lol !!
if you wish to cause the LOCAL AUTHORITY a crap load of paperwork
you can ask for stuff under the freedom of information act.
A typical letter would be to ask for the traffic order for that area
The attendants pocket notes
The attendants beat area
The attendants error rate for the last 6 years
Photographic evidence of the aleged contravention
cctv footage of an aleged contravention
Documentation of written policies for the use of discretion
if you wish to cause the LOCAL AUTHORITY a crap load of paperwork
you can ask for stuff under the freedom of information act.
A typical letter would be to ask for the traffic order for that area
The attendants pocket notes
The attendants beat area
The attendants error rate for the last 6 years
Photographic evidence of the aleged contravention
cctv footage of an aleged contravention
Documentation of written policies for the use of discretion
Sorry if i misundedrstood your slang, i have already submitted my challenges, and yes causing paperwork would be good, but maybe a tad too late, maybe...
My next letter is drafted out, which will be sent when i get my second set of photo's tomorrow, showing the changes made recently ie: newly painted lines.
I may however come back to you on that i would enjoy giving them extra grief, sounds as though you'd get a kick out of it too, thankyou for the offer.
there may be a window in the near future when i have a reply from them regarding my photograpic evidence im submitting.
You seen to have a very strange view of how these things work!? The staff at the Council do not sit around drinking tea waiting for an appeal to pop through the letter box. Making frivolous requests does nothing except slow down the appeals process and create more posts at the local civic centre for admin staff. Your appeal will still be processed even if it takes up 200 man hours since the Council has a statutary duty to do so, which may give 'you a kick' .....until you get your next Council tax bill that is!
You seen to have a very strange view of how these things work!? The staff at the Council do not sit around drinking tea waiting for an appeal to pop through the letter box. Making frivolous requests does nothing except slow down the appeals process and create more posts at the local civic centre for admin staff. Your appeal will still be processed even if it takes up 200 man hours since the Council has a statutary duty to do so, which may give 'you a kick' .....until you get your next Council tax bill that is!
hi ya green
not always mate. Its always good to get all the facts you need to make your reppy.
Tro's may be out of date,wrong or do not exist.
Lines and signs maybe wrong, good to know how many wrongly issued tickets have been cancelled. They are then shown to be knowingly issuing illegal tickets.
The attendant may be poorly trained hence the error rate for that attendant how many tickets he/she has issued that have subsequently been cancelled.
Disctretionary policy documents very rarely exist, however they have a statutary duty to make one.
Maintenace records for faulty ticket machines, how many tickes have been wrongly issued because of a known fault.
These are all public documents and we have a right to see them.
not always mate. Its always good to get all the facts you need to make your reppy.
Tro's may be out of date,wrong or do not exist.
Lines and signs maybe wrong, good to know how many wrongly issued tickets have been cancelled. They are then shown to be knowingly issuing illegal tickets.
The attendant may be poorly trained hence the error rate for that attendant how many tickets he/she has issued that have subsequently been cancelled.
Disctretionary policy documents very rarely exist, however they have a statutary duty to make one.
Maintenace records for faulty ticket machines, how many tickes have been wrongly issued because of a known fault.
These are all public documents and we have a right to see them.
yellow lines
, going to dispute at as there's no t bar at either end of the single yellow line, plus there are breaks in the line.
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Originally Posted by giggs
