Thread: Parking on damaged yellow lines

Fixed Penalty Ticket XXXXXXXX dated XXXXXXX
I write in regard to the issue of the above penalty charge notice to my vehicle in XXXXXXX Street, XXXX on XXXX XXXXX 200X.

I have examined the Parking Bay / Upright Plate / Yellow Line (delete as appropriate) in relation to the penalty you have issued and I find that the markings on the highway fail to meet the legal requirements as set out in Statute and Regulations. The variations between the markings on the road to those in the Regulations are not de minimus as they exceed the maximum/minimum (delete as appropriate) prescribed parameters set out by both Ministers and the Secretary of State in the current Regulations and Statute.

I therefore intend to appeal against the excess charge/parking ticket (delete as appropriate) issued to me at XXX on the XX of XXX 200X. I request that your authority therefore provide me with details of:

1. The Traffic Penalty Tribunal (or PATAS for London)

2. The Local Government Ombudsman

I also ask that you formally record my challenge/appeal against the fixed penalty ticket.

I am aware that a traffic sign” is the only form of signing that a highway authority is empowered to place on a road to direct traffic, and any other form of sign employed by you cannot in any way be made to resemble a ‘traffic sign’.

Also, if the sign chosen or provided by a Highway Authority for the purpose of directing drivers as to what if any restriction applies, does not meet the strict criteria set out in law, then the sign is non-prescribed”. The Government set out that the use of non-prescribed” signs on a highway is illegal’and an authority who so uses such signs acts beyond its powers”.

In order to use signs not prescribed in Statute and the Regulations, you are required to have obtained site-specific authority of the Secretary of State. If such an authority exists for the use of the signs and lines in XXXXXXXXX, I request that a copy be forwarded to my address.
Your Officers are no doubt aware that the Road Traffic Regulation Act 1984 states:

Section 64 Road Traffic Regulation Act 1984
In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—
specified by regulations made by the Ministers acting jointly, or
authorised by the Secretary of State, and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.
Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the Secretary of State authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of the sign.
The duty of a highway authority is clearly set out in section 65 of the Act:
Section 65 of the Road Traffic Regulation Act 1984
Subject to and in conformity with such general directions as may be given by the Ministers acting jointly, or such other directions as may be given by the Secretary of State, a highway authority may cause or permit traffic signs to be placed on or near any road in their area.
This section has a legislative margin noted stating – Powers and duties of highway authorities as to placing of traffic signs.
The Traffic Signs Regulations and General Directions 2002 (and 1994) at Regulation 11 also directs what a traffic sign can be:
Regulation 11 Traffic Signs Regulations and General Directions 2002.
Signs, markings and signals to be of the sizes, colours and types shown in diagrams.
(1) Subject to the provisions of these Regulations, a sign for conveying information or a warning, requirement, restriction, prohibition or speed limit of the description specified under a diagram in Schedules 1 to 7, Part II of Schedule 10 and Schedule 12 to traffic on roads shall be of the size, colour and type shown in the diagram.
Diagram XXXX sets out the parameters for the format and use of a double yellow line/Parking Bay (delete as appropriate). The form is rigid and must reflect the precise markings set out in the Regulations to create a lawful restriction. The permitted variants to this design are shown as: XXX. Therefore a line without terminal marking is incomplete / a bay set out on the road in XXXXXXXXX (delete as appropriate) and is not a prescribed sign as set out in both Regulation and Statute.
I note that the lining in the City/Town (delete as appropriate) follows this non-prescribed format, which I take to be the deliberate act of the highway authority in contravention of its duties under section 65 of the Act.
I request that the authority provide copies of any written authority of the Secretary of State authorising the use of non-prescribed lining in the City/Town of XXXX for the control of traffic.
In the absence of such authority I would draw your attention to the fact that the government in Chapter 1 of the Traffic Signs Manual sets out the legal ramifications of your council’s action and I quote:
Chapter 1 Traffic Signs Manual - Use of Non-prescribed ‘Illegal’ signs.
Part 3. Legal Aspects and Responsibilities for Signs
1.18 The use on Public highways of non-prescribed signs which have not been authorised by, or on behalf of, the Secretary of State, is illegal and Authorities who so use unauthorised signs act beyond their powers. Additionally, an unauthorised sign in the highway is an obstruction. The possible consequences of erecting or permitting the erection of obstructions may be severe and those responsible could lay themselves open to a claim for damages……
1.20 Authorities should consider requiring the removal of any object or device erected privately on land adjacent to their roads which has the apparent or express intention of guiding, warning or directing road users. In addition , private advertisements should not resemble or incorporate prescribed traffic signs on their symbols. United Kingdom signs are crown copyright and may not be reproduced without permission. In no circumstances will the Department permit the use of traffic signs on advertisements at roadside locations. When prescribed traffic signs are used illegally action should be taken to secure their removal.
I therefore believe that XXX City/Town Council has acted beyond its powers in placing non-prescribed restrictions on the highways in its area.
Further, I am aware that your highway engineers are provided with clear guidance on the provision of such lines and bays within Chapter 3 and Chapter 5 of the Traffic Signs Manual, both of which confirm the correct marking of a highway.
Whilst there tends to be a belief amongst some that a sign has merely to be recognisable as a sign to apply a restriction the Case of Davies v Heatley 1971 directs that even if a sign is clearly recognisable to a man as being a sign of that kind if it does conform to regulations no offence is committed.
Your authority has a clear duty in law, having access to relevant legislation, Government guidance and advice and of course, your own Legal Department. It is clear to me that the failure to sign the city to prescribed requirements must therefore be a conscious decision.
Further, as the Department for Transport points out to an authority provided with de-criminalised parking powers, you would be advised not to enforce defective lines and signs as they would invalidate the ticket issued, I therefore suggest that the decision to enforce defective restrictions must also be a conscious choice to act in breach of the law.
In conclusion, I do not accept that the parking restrictions imposed on XXXXXX Street are lawful, that the ticket issued is therefore invalid and the actions of the authority are in full knowledge of the breach of law and their legal obligations.
I take this opportunity to notify you that it is my intention to:

a) Appeal the Penalty Charge Notice to the Parking Adjudication Service

b) Make a formal complaint to the Local Government Ombudsman of maladministration causing injustice

I look forward to your early response.
Yours sincerely

Will attempt to sort it now.

(Thanks Dave)

EDIT:- Sorted now hopefully. Had to wear shades for that one.

Originally Posted by freakyleaky

Will attempt to sort it now.

(Thanks Dave)

EDIT:- Sorted now hopefully. Had to wear shades for that one.

Welcome!

My eyesight's just coming back too!