can i challenge parking ticket

[kungfu-king]

can anyone help on how to challenge an edinburgh council pcn i was issued for parking on double yellow lines on a sunday

there is no timing sign anywhere along the double yellows only a pay and display on the other side of the road where there are p&d bays also the double yellows do not have a bar at the end they just end before a bay around the corner. on this basis does this make it an invalid traffic order?

 

on the notice to owner it has boxes to tick to make representations it says -

this traffic order was invalid

tick this box if you belive the parking restriction in question was invalid or illegal. this applies, for instance if the council had not followed the correct procedure for passing the traffic order. when returning this form you should enclose within the return section any relevant details.

 

can i get off with it due to the DYLs not having a bar on the end?

or since there is no sign stating the times?

 

can anyone advise me what i should do now

thanks

[nero12]

can anyone help on how to challenge an edinburgh council pcn i was issued for parking on double yellow lines on a sunday

there is no timing sign anywhere along the double yellows only a pay and display on the other side of the road where there are p&d bays also the double yellows do not have a bar at the end they just end before a bay around the corner. on this basis does this make it an invalid traffic order?

 

on the notice to owner it has boxes to tick to make representations it says -

this traffic order was invalid

tick this box if you belive the parking restriction in question was invalid or illegal. this applies, for instance if the council had not followed the correct procedure for passing the traffic order. when returning this form you should enclose within the return section any relevant details.

 

can i get off with it due to the DYLs not having a bar on the end?

or since there is no sign stating the times?

 

can anyone advise me what i should do now

thanks

 

Can you scan up the ticket and the nto without personal stuff.

[crem]

can i get off with it due to the DYLs not having a bar on the end?

or since there is no sign stating the times?

 

As far as I know, DYL are 24/7 therefore do not require a timeplate as there is no time to specify. The missing T bar may be of some significance and our more knowledgeable members on council PCNs should pick on this shortly.

[lamma]

Missing T-Bars means the lines are not in accordance with the simple diagrams in the statutory TSRGD. Adjudicators will ignore this though. Post up the pictures as asked and get the TRO

[nero12]

Missing T-Bars means the lines are not in accordance with the simple diagrams in the statutory TSRGD. Adjudicators will ignore this though. Post up the pictures as asked and get the TRO

There is a judicial review regarding this matter. It appears that local authorities have been dumbing down the law ever since the idiotic de minimis ruling. In other words we can flout the law how we like but you cant attitude. This has been aided and abeted by the not so impartial adjudicators.

 

The case is Glenn Dickinson v Hull City Council aims to redress this by pointing out that adjudicators have a vested interest by denying these appeals hence there is not a fair hearing and the rules are twisted in favour of local authorities.

 

Like Lamma syas get the photies in and scan up the paperwork as this is a minfield of mistakes.

 

 

BTW lamma did you get the email i sent you ?

[green_and_mean]

The case is Glenn Dickinson v Hull City Council aims to redress this by pointing out that adjudicators have a vested interest by denying these appeals hence there is not a fair hearing and the rules are twisted in favour of local authorities.

 

Mr Dickinson obviously hasn't seen the figures that show a majority of appeals go in favour of the appellant then.

[squirlyline]

Mr Dickinson obviously hasn't seen the figures that show a majority of appeals go in favour of the appellant then.

 

Is that also true of cases that would fall under the 'de minimis' ruling?

[kungfu-king]

here is the notice to owner its slightly bigger than A4 so the bottom is cut off it just has a picture of my car and the decleration

[kungfu-king]

as for the DYLs having no T bar should i just write that in the reply or would i have to take my own picture?

would the parking w****rs not just send the new boy out with a paint brush and yellow paint

 

is it written anywhere that DYLs are no stopping 24/7 or are you just supposed to know?

 

the contravention is :parked in a restricted street during prescribed hours

[nero12]

as for the DYLs having no T bar should i just write that in the reply or would i have to take my own picture?

would the parking w****rs not just send the new boy out with a paint brush and yellow paint

 

is it written anywhere that DYLs are no stopping 24/7 or are you just supposed to know?

 

the contravention is :parked in a restricted street during prescribed hours

Take your own pics

 

can you rescan the documents mate, front and back

 

Of you cant see them niether can we

[crem]

is it written anywhere that DYLs are no stopping 24/7 or are you just supposed to know?

 

You're not "just supposed to know", you're supposed to have read the highway code.

 

The Highway Code

 

 

238-252: Waiting and parking

 

 

238

 

You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see 'Information signs' and 'Road markings'. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs. You MUST NOT wait or park, or stop to set down and pick up passengers, on school entrance markings (see 'Road markings') when upright signs indicate a prohibition of stopping.

[kungfu-king]

here is the top and bottom of the notice to owner

Edited March 15, 2009 by kungfuking
n

[squirlyline]

Take your own pics

 

can you rescan the documents mate, front and back

 

Of you cant see them niether can we

 

Nero12, I had this problem posting jpegs on my thread originally, and you asked me to rescan. I discovered that the server auto-resizes photos of a larger dimension down to an impossibly small one for viewing. I then had to repost a huge pdf (due to conversion factors via program I used) and then finally used to a zip format which was more download-friendly.

 

I would suggest that the jpeg size limiter be adjusted by the admin.

[kungfu-king]

just found this on Parking FAQs

 

Are yellow lines legal if they don't have a T-bar where they end?

In accordance with the traffic engineer's bible - Traffic Signs Regulations and General Directions - yellow lines must have a T-bar where they terminate or change from double to single or vice versa. If the T-bar is missing then the line is not legal and, therefore, not enforceable. T-bars are not required where a yellow line meets a parking bay or zebra crossing as bays and crossings effectively sit on top of the yellow line.

 

i guess that answers my question

any other idea how i can get round this ticket?

[lamma]

Missing T-Bars means the lines are not in accordance with the simple diagrams in the statutory TSRGD. Adjudicators will ignore this though.

[patdavies]

There is a judicial review regarding this matter. It appears that local authorities have been dumbing down the law ever since the idiotic de minimis ruling. In other words we can flout the law how we like but you cant attitude. This has been aided and abeted by the not so impartial adjudicators.

 

Interestingly, I have read that de minimis should always go in favour of the defendant - but I need to track the reference down again.

 

IOW. Councils cannot rely of de minimis, they are required to comply with the letter of the law.

[lamma]

pat, please get a job as an adjudicator