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Yellow Line Broken / No T-Bars


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I parked on a single yellow line on 04 February and received a ticket. Several people park on this line daily and some do/don't receive a ticket. The single yellow line is broken badly (1 foot at a time) in many places and has no T-Bars.

 

I did pay the £30 and later contested it.

 

Today I received a letter stating they have closed the case and will not offer a refund.

 

They state '..the line is visible both in front and behind your vehicle..' and '..the lines remain enforcable providing they clearly convey to motorists that there is a restriction in place.'.

 

Also, 'The absence of a termination mark is only relevant where a vehicle is parked at the end of a restriction and it becomes necessary to determine which part of the vehicle is in contravention.'.

 

The lines do not conform to regulations as no T-Bar and are badly broken and non-existent in places. BUT are they right and I can't win this one?!

 

I have little experience of this and would really appreciate someone's thoughts as would like to pursue this!

 

Chris

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They speak bollox.

 

Case law is Davies v Heatley. There is no test of reasonableness; the line are either correct or they are unenforceable. To be correct, they must be complete over their entire length and be terminated with T-bars.

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But they are more correct if they are saying that the case is closed once you have paid.

 

There is no statutory entitlement to pay a PCN and then seek a refund. An action for restitution is possible but I suggest unlikely to succeed as the arguments you would put forward would have been available to you for an appeal following the statutory route.

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Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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