Thread: No Contravention?- Advice Sought

Hi all, some advice sought.
Received pcn from Leeds City Council for parking on single yellow line, out side of allotted hours ie 08.00 - 19.00. 18.22 hrs
Said yellow line is 400 or so yards long.
1. Neither end has T bar
2. Up to 10 breaks in line, one in excess of 25 feet, several of 6 feet or more.
3. Line is very faded.worn in some areas.
4. Line width varies from 10cm up to 15cm, well outside the regulation width(s).

Informally requested the charge be dismissed since no contravention. Reply has some interesting inclusions:
1. error from Parking attendent's report - he stated that he had observed the car stationary for at least 10 mins. At 18.12 I was still on the train home, my car in a car park some distance away!
2. Warbled on about parking signage being present. I never queried or mentioned the signage in my request but did include the above points regarding the linage errors. This seems to have been ignored.

Can I be fairly confident from the above regarding the errors in the yellow line that when the case goes to the Parking Adjudicator, it will be dismissed?
Thanks in advance for help.

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The lines on the road are, in law, signage.

You case is unbeatable. They cannot win, you can only lose.

You will need to quote both the TSRDG and the relevant case law (take print outs of both and photographs of the linesa s the currently appear). The council will try and say that any reasonable person would know that the line was there. There is no accommodation for a test of reasonableness in the legislation, and in fact, case law specifically says otherwise.

Thanks pat, I had assumed that the lines were also "signage" but council person obviousley does not think so. I sent them the printout of TSRDG showing regs for lines, T bars etc but they seem to have ignored that. I have about 30 photos of all the problems with the yellow line.
Presume I just wait unitl Notice to owner issued? or should I try again with the informal approach?

Another informal approach is a waste of time. They are only obliged to consider a single representation and the fact that your first appeal has be dealt with by a total numpty means that they have wasted their chance to back down gracefully. (the conspiracy theorists amongst us would have you believe that Councils reject the informal appeal as a matter of course, on the grounds that most people will fold at that point and pay - they may well be right)

Once you get the NtO, appeal formally to NPAS. Keep a copy of your letter to the council and their rejection letter. You can then go after the council for costs on the ground that their conduct in taking the case to NPAS is both unreasonable and vexatious

OK it is now 2 months since original supposed contravention and 6 weeks since reply from Council. To date I have not received a notice to owner or anything further. Are they normally this slow or do you think council decided not to proceed/chase given my letter to them?

Eventually received Notice to Owner. Wrote back again with representations, phots etc.
Just got reply today -they backed down - Quelle Surprise!
Stupid feckers.
Possibly what scared them was "mistaken" (dishonest) timing of first observation to issuing of ticket by warden. I had proof that I could not have been at the alleged place at time warden stated.

Originally Posted by CrispDust

Eventually received Notice to Owner. Wrote back again with representations, phots etc.
Just got reply today -they backed down - Quelle Surprise!
Stupid feckers.
Possibly what scared them was "mistaken" (dishonest) timing of first observation to issuing of ticket by warden. I had proof that I could not have been at the alleged place at time warden stated.

Result! Well done for sticking with it and not just paying up.

Its only £30 but ITS THE PRINCIPLE!

When is UK PLC going to stop thieving and fleecing the average motorist?