Notice of Rejection of Representations **Appeal Upheld**

[Badbunny]

Long and short - parked on a road with crumbling single yellow line, where I parked was covered over with brambles for approx. 20m with no yellow line showing.

 

Got a PCN, appealed, got NTO, appealed, now have NoRoR.

 

I am confident that my case is a good one, however I have requested a copy of the CEO notes and TO relating to the alleged contravention. The Council have said I will get all that through the tribunal procedure and they are not going to send it to me? can they do that? What if I wanted to consider the documentation prior to appealing?

[Michael Browne]

The TRO is a public document which is available to view at their offices.

 

They don't have to send it or the CEO notes to you, although some councils will.

[Badbunny]

Thanks Michael..

 

One final query - how should my case be worded to the Tribunal? am I allowed to assert my beliefs in relation to my case? my letter to the Council was quite strongly worded because amongst other things they are a bunch of idiot, that notwithstanding, am I okay to quote legal documentation...thinking along the lines of:

 

I have examined the Yellow Line in relation to the penalty issued and I find that the markings on the highway fail to meet the legal requirements as set out in Statute and Regulations. The variations between the markings on the road to those in the Regulations are not de minimus as they exceed the minimum prescribed parameters set out by both Ministers and the Secretary of State in the current Regulations and Statute.

 

Regulation 11 Traffic Signs Regulations and General Directions 2002.

Signs, markings and signals to be of the sizes, colours and types shown in diagrams.

(1) Subject to the provisions of these Regulations, a sign for conveying information or a warning, requirement, restriction, prohibition or speed limit of the description specified under a diagram in Schedules 1 to 7, Part II of Schedule 10 and Schedule 12 to traffic on roads shall be of the size, colour and type shown in the diagram.

Diagram 1017 sets out the parameters for the format and use of a single yellow line. The form is rigid and must reflect the precise markings set out in the Regulations to create a lawful restriction. The permitted variants to this design are shown as: NONE. Therefore a line without terminal marking is incomplete and is not a prescribed sign as set out in both Regulation and Statute.

 

 

 

the Case of Davies v Heatley 1971 directs that even if a sign is clearly recognisable to a man as being a sign of that kind if it does conform to regulations no offence is committed.

I include contemporaneous photographs which show that the relevant waiting restriction was not visible at the location of the alleged contravention. The Council has chosen to ignore this evidence.

 

 

 

 

In conclusion, I do not accept that the parking restrictions imposed on XXXX Street are lawful, that the ticket issued is therefore invalid and the actions of the authority are in full knowledge of the breach of law and their legal obligations.

 

...TOO MUCH?

[Conniff]

Have you pics of the road before they clean it up?

[Jamberson]

Your first post implied that the yellow line was there, but not clearly visible.

 

All that pseudo-legalese seems to hinge on there being no T-bar on the line.

 

The latter argument, I assure you, will fail. It's been tried over and over - missing T-bars are considered a de-minimus argument. However if the line itself was in poor shape and not clearly visible, that's a more promising angle.

 

My advice: Avoid trying to sound like a solicitor and just communicate in plain language.

[Badbunny]

Have you pics of the road before they clean it up?

 

 

 

Yes I took them when I got back to the car and clearly show where it was parked and the ticket on it. The traffic wardens photos are so close up that they do not show the extent of the damage to the lines

[Badbunny]

My advice: Avoid trying to sound like a solicitor and just communicate in plain language.

 

Thank you for your advice. I am not trying to read as a solicitor merely trying to add credibility to my argument by demonstrating careful thought to the situation. How much do I need to dumb it down? Is Davis v Heatley worth referencing?

[Conniff]

There was a case in the not too distant past where the court said, 'well you can see there are lines there' and rejected his defence.

[Jamberson]

Thank you for your advice. I am not trying to read as a solicitor merely trying to add credibility to my argument by demonstrating careful thought to the situation. How much do I need to dumb it down? Is Davis v Heatley worth referencing?

 

In the context of the argument about T-bars, it's a non-starter. It has been tried at adjudication many times and is always rejected.

 

The facts are that the restriction has to be clearly signed. The adjudicators know the law, and this is not a complex case for them. All you need to do in my opinion is tell them that the lines were worn and covered over, and that you could not see them when you parked up. A photo or two would help. There's no need to quote from regulations or cite case histories. If they agree that you couldn't reasonably see the line, they should find in your favour. They will take into account the fact that you might expect a restriction of some sort (perhaps - I don't know the area) and the driver has a responsibility to check. If the adjudicator considers that you could see the line but didn't pay attention to it, he will find against you.

 

I hate the "dumbing down" aspect to what I'm saying, but I truly believe that if you come across as an ordinary everyday motorist, your case looks more genuine than if you appear to be trying to outwit the council with clever legal arguments. I really think it works against people - I've dealt with cases where solicitors have been paid by people to write pointless letters - these PCNs are not complex enough to warrant it.

[Badbunny]

Thank you Jamberson. Point taken and I will take your advice. If it doesn't work I'm coming looking for you

[Badbunny]

Just an update - I put in a simple appeal - stating my case and showing photographs. Today I got my Adjudicator Decision (drum roll please).....The council decided not to contest the appeal and on those grounds I had my appeal upheld - woo hoo.

 

Thanks again to all the responses from CAGers