Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    barney2 Novitiate

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    Default Help to fight parking ticket please

    I was issued with a parking ticketicon on Tuesday, i was half parked on double yellow lines, which i thought would be ok for few mins while i was dropping somethings off at work. The double yellows are broken yellows as the council have tarmaced over a small section. Whilst i was dropping my things off the delivery turned up and parked directly infront of my car and started unloading, i was not going to move my car while the tailgate of the wagon was down with cages of stock on. Does anyone know if i can appeal against my ticket???


  2. #2
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    Default Re: Help to fight parking ticket please

    lsearch on 'loading exemption'. and what did the signs say ?


  3. #3
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    barney2 Novitiate

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    Default Re: Help to fight parking ticket please

    I'm not sure about signs need to go have another look. Had alook this aft and noticed that actually there isnt a break in the double yellows they are about 10ft long and the rest have gone no t bar on end. Will this make a difference?


  4. #4
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    Default Re: Help to fight parking ticket please

    Quote Originally Posted by barney2 View Post
    I'm not sure about signs need to go have another look. Had alook this aft and noticed that actually there isnt a break in the double yellows they are about 10ft long and the rest have gone no t bar on end. Will this make a difference?
    Hi there the highway code definition of a double yellow line is it must be a continuous unbroken line terminated at both ends with a bar which points into the kerb if the line is broken anywhere or the terminating bars are missing then its technically not a double yellow.There is a wee man going about britain highlighting this fact.He illegally parks gets a ticket and then takes the council to task in court about the definition thing.Need to do a wee bit of research and also check out the state of the double yellow if it is broken you could be onto a winner.Its risky but the only chance you have.


  5. #5
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    Default Re: Help to fight parking ticket please

    Highway code is irrelevant.


  6. #6
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    Davidmac Novitiate

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    Default Re: Help to fight parking ticket please

    Highway code might be irrelevant but it does highlight the fact that these things follow a fixed set of rules detailing exact parameters regarding detail etc.In order for something to be it needs a legal definition ie yellow lines if it does not follow the exact definition it cant legally be.Double yellows have to be a fixed breadth an exact detail regarding continuity ie unbroken.An exact detail regarding material it is made of ,this detail even extends to the way these lines are terminated etc etc etc.Very exact spec .If your double yellow fails in any of these respects then its not a double yellow tata parkin finehence the wee man taking councils to court.DO SOME RESEARCH and you could find a loophole.


  7. #7
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    barney2 Novitiate

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    Default Re: Help to fight parking ticket please

    Hi thanks for replys, the double yellows look relatively new, they have recently made some changes to the parking around this area and created sort of parking bays which means they have removed the rest of the double yellows that were there before. The yellows i was on are not "broken" they just have no t bar at the end. Do i argue the no t bar rule or do i go for the unloading bit and not being able to move my car once i had finished. I can have photos for t bar and witness for wagon blocking me in. Or do i conceed defeat and just pay which i really dont want to do cos i couldnt move my car.


  8. #8
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    Default Re: Help to fight parking ticket please

    adjudicators ignore the missing t-bar issue on a regular basis.


  9. #9
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    Default Re: Help to fight parking ticket please

    You could argue the fact that you moved your car.Traffic wardens in order to establish whether a car has moved or not are supposed to look at the position of the dustcaps.Unbelieveable but true.So if you were sittin in your car when you were booked you could also argue that you were not actually parked at all.It comes down to how bolshy an brave you are feelin when its time to step up the mark.At the end of the day the yellow lines do not conform to their own standard definition so that in itself could be your way out.Hope some of this helps.The adjudicators might ignore the missing t bar thing but are they allowed to and do you do the british thing and accept what the authorities say or do you challenge them


  10. #10
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    Default Re: Help to fight parking ticket please

    sitting in the car does not mean you are not parked. Please respond to post number 2. Pictures would help.


  11. #11
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    barney2 Novitiate

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    Default Re: Help to fight parking ticket please

    Thanks, i will put photos on when my camera returns from its weekend trip to wembley.


  12. #12
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    Default Re: Help to fight parking ticket please

    Quote Originally Posted by lamma View Post
    adjudicators ignore the missing t-bar issue on a regular basis.
    I’m a bit confused. Why do road signs and parking bays have to conform to specific size ext. to become enforceable but some road markings don’t?


  13. #13
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    Default Re: Help to fight parking ticket please

    Quote Originally Posted by Prawns25 View Post
    I’m a bit confused. Why do road signs and parking bays have to conform to specific size ext. to become enforceable but some road markings don’t?
    My point exactly all these things have a spec and if they dont conform to that spec then you can challenge them,markings signs etc all have to be defined by law otherwise there would be no regulation with regard to sizes of signage parking bays would be to small etc anarchy would prevail.Thus a set of standards was put into play to avoid confusion but laziness with regard to local councils in maintaining these standards leads to possible loopholes thus our present situation.The powers that be would have you believe otherwise hence the confusion, in otherwords shutup and pay up an let us do what we want which is generating income with very little effort and no one to challenge them


  14. #14
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    Default Re: Help to fight parking ticket please

    I suggest you check the key case reports. I re-iterate missing t-bars routinely ignored by adjudcators. When you check the key cases you will find the usual counters to Davies V Heatley that councils use and adjudicators accept.


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    Default Re: Help to fight parking ticket please

    Quote Originally Posted by Prawns25 View Post
    I’m a bit confused. Why do road signs and parking bays have to conform to specific size ext. to become enforceable but some road markings don’t?
    The opinion of the adjudicators is that it has to be relevant to the case and whether the restriction was clearly indicated. As an example if you parked on a DYL and 100m down the road the lines missed the T-bar would this have made you think the parking was not restricted, probably not.


  16. #16
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    Default Re: Help to fight parking ticket please

    I take the point that it would be reasonable for the average person to understand what the marking represent but would this not also apply to time plates, bay markings and other signs?


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    Default Re: Help to fight parking ticket please

    Quote Originally Posted by Prawns25 View Post
    I take the point that it would be reasonable for the average person to understand what the marking represent but would this not also apply to time plates, bay markings and other signs?
    The same does usually apply with bay markings but obviously with signs they have to be correct as they are stating required information. The yellow line itself is technically correct as long as its yellow and the correct size its just the termination thats missing which would only be relevant if you parked near where it terminated. Many bays also pre date 2002 which means they are still compliant if correct before the TSRGD 2002 was published something which a lot of people fail to realise.


  18. #18
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    Default Re: Help to fight parking ticket please

    unless the bays and signs have been repainted/replaced since. at which time they are supposed to be upgraded. If a council claims pre 2002 signage it has to worth a check of check the maintenance records for the location.



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