Single yellow line but no sign...

[sqwim]

Hi,

 

Got a ticket for parking on a single yellow line. There were no upright signs and they were not within a CPZ (at least not one clearly marked at all vehicular entry points, I still haven't found any and I've been looking for them!). It was a Sunday and although I expressly looked for the upright signs stating the restrictions, there were none. I assumed that meant the usual 8:30am -6:30pm, Mon-Fri restriction applied.

 

Anyway, I got a ticket for being PARKED IN A RSTRICTED STREET DURING PRESCRIBED HOURS - Contravention code 01

 

Can the restriction be applied when the 'prescribed hours' are not signposted and can not be found?

 

There was a 'no parking at any time' sign around the corner but this was where double yellow lines existed and not the single yellow lines. Surely this sign can not extend around the corner and beyond the double yellow to which it was adjacent?

 

Would appreciate any advice.

 

Thanks

Sqwim

[green_and_mean]

The needs to be one if not in a CPZ, but I guess you knew that so what help do you require?

[sqwim]

I've found the CPZ signs... miles away from where I even dreamt they would be. Seems completely ridiculous

 

Anyone know what legislation there is regarding what CPZ signs have to adhere to?

 

Cheers

[green_and_mean]

They need to be on the entry roads at the start of the restriction usually on both sides of the street.

[patdavies]

Just to add, they signs need to be on all roads entering the CPZ.

 

If you can find a road in without lawful signage, then the whole CPZ fails

[green_and_mean]

Just to add, they signs need to be on all roads entering the CPZ.

 

If you can find a road in without lawful signage, then the whole CPZ fails

 

That is only true if there is no additional signage (as in this case) there was a key case that failed at appeal on this point because the P&D bay had its own signage.

[sqwim]

Hmmm, I think all entry roads might actually have the signs on entry, albeit miles from where anyone would ever think of looking for them

 

Does anyone know if the CPZ has to have exit signs saying the zone has ended (ie. on the reverse of the entry signs or similar)?

 

Anyone think of anything else they might have slipped up on?

 

Do the terminating bars of yellow lines need to be perpendicular to the pavement? Would a yellow line be enforceable if the terminating bar was diagonal for example?

 

Cheers

Sqwim

[green_and_mean]

Do the terminating bars of yellow lines need to be perpendicular to the pavement? Would a yellow line be enforceable if the terminating bar was diagonal for example?

 

If you were miles from the start of the restriction why was there a T bar?

[adamna]

Dead end?

[green_and_mean]

Dead end?

 

A dead end has the line painted to continue around the end of the street.

[hobgoblin]

Hello, I parked on a yellow line at the end of a street which has park and display spaces. There are restriction times for the park and display on a white sign but I understood the yellow lines had to have their own sign, is this correct?

[green_and_mean]

Hello, I parked on a yellow line at the end of a street which has park and display spaces. There are restriction times for the park and display on a white sign but I understood the yellow lines had to have their own sign, is this correct?

 

As already stated in the thread you have posted on they do need a plate unless in a CPZ.

[hobgoblin]

If you were miles from the start of the restriction why was there a T bar?

 

 

Surely it doesnt matter how far from the start you are if there is no T bar at the end the yellow line is invalid.

 

Also what are the rules governing CPZ's? Do they need signs at both ends of every street?e yellow line is broken at some point does it become invalid?

 

Also, if the yellow line is broken at some point does it become invalid.

[green_and_mean]

Surely it doesnt matter how far from the start you are if there is no T bar at the end the yellow line is invalid.

 

Are you sure you were at the end not at the start, which direction was the yellow line going?

 

Also what are the rules governing CPZ's? Do they need signs at both ends of every street?e yellow line is broken at some point does it become invalid?

 

No, just at the start and end of the zone.

 

Also, if the yellow line is broken at some point does it become invalid.

 

No

 

 

[patdavies]

The last point is contentious.

 

In terms of strict liability and Davies v Heatley, if the line is not as prescribed in the TRSGD, then it simply cease to be a line for its whole length. The diagrams in TSRGD allow " no variations" and make no allowance for breaks. This applies to both broken markings and lack of T bar ending.

 

However, there is a legal doctrine of de minimis curat lex (the law does not concern itself with trifles). So, for example a 10 cm break in a line of 50m could well be seen as de minimis. As an aside, IMO lack of T bars can never be de minimis as they are a stated, necessary and integral part of the design.

 

Also, parking cases are heard by adjudicators (self-important solicitors usually) and not judges. The adjudication system is outside the court system and often holds itself to be above being swayed by legal precedent.

[W-A]

Hi I have just been issued a parking fine for being PARKED IN A RSTRICTED STREET DURING PRESCRIBED HOURS. Please see the picture below. The line were my car was parked on was obviously faded and a new one has been put down further up. I though that the bit where my car was parked is not included in the yellow line anymore as they have clearly started it further up. Is it worth appealing against?

[Michael Browne]

The T-bar marks the end of the yellow line restriction and you are clearly parked beyond that where the old yellow line looks as if it's been bblacked out or tarmac'd over, so certainly worth appealing.

 

What's the exact location?

[W-A]

The T-bar marks the end of the yellow line restriction and you are clearly parked beyond that where the old yellow line looks as if it's been bblacked out or tarmac'd over, so certainly worth appealing.

 

What's the exact location?

 

Yes thats what i though. It is on clarke drive in sheffield. I have been working there for about a month and een my collegues have parked at the same spot numerous times with no promblems. I think i will file a appeal agaist it.

[sailor sam]

Looks like a CPZ to me.

[Michael Browne]

True at the end Clarkehouse Rd end of the road there are CPZ signs for Sharrow Vale, although if you look at Sheffield CPZ map, the boundary for Groves CPZ cuts across Clarke Drive halfway down, very odd for a cul de sac. (top right in the pdf)

 

Broomhall & The Groves Permit Parking Scheme Overall Plan (pdf, 1.52Mb) (PDF, 1561 KB)

 

and in their CPZ terms and conditions it states:

 

Unrestricted Parking

Some areas of carriageway have been left unrestricted and can be used without the need to display a permit and without time limit.