parking ticket

[Mollylucy]

I received a parking ticket on 13th August.

 

 

I had been using a colleagues car and had parked on broken double yellow lines for a few minutes

-the CEO says it was over 5 minutes but I doubt that.

 

 

The lines are badly broken and not continuous and also have no 'T' at either end.

 

 

I had emailed the council to inform them that I was using the car on the day in question

as I did not want my colleague to have the trouble of this.

 

 

In the email I said I would appeal in due course.

They responded to me by letter stating my appeal had been rejected-I had not even lodged an appeal!

 

 

The letter states I was parked on a single yellow line-not a double which is incorrect

-the lines are definitely very broken double ones.

 

 

Can someone give me some guidance on the best way to appeal this please.

 

 

I can post up pictures if required.

[renegadeimp]

-the CEO says it was over 5 minutes but I doubt that.

 

The images would show if you were or were not.

 

 

regarding double yellow, i think there was a ruling a short while ago, where even if they were broken, they would still count as continuous. In that case though, broken meant worn away or hard to see, but common sense would easily show that they were meant to be continuous.

 

Can you post a google streetview of where you parked.

[Jamberson]

No-one is legally liable for anything until a Notice to Owner is served, so I think their poor response to your email is not going to get you any leverage.

 

As for the lines themselves, there is something called a Traffic Order, which is the legal definition of the waiting restriction at that place. You are issued a PCN for contravening the Traffic Order, not for parking on the lines. However there is an obligation that the restriction is clearly marked so that you as a motorist, are aware of it. Therefore, the state of the lines and whether they are broken is a factor for an appeal - but you are still in contravention of the Traffic Order, so they can issue a PCN. As you said, "I parked on broken double yellow lines" - as opposed to "I parked in a gap between two sets of double yellow lines", it sounds like the markings were probably clear enough for you to know they should have been there.

[Mollylucy]

I will post all the pics up tomorrow as I am not the best with computers and need some help with it. Out of curiosity does the missing 'T' not mean the restrictions are unenforceable as this does not comply with the law on these lines. I found this on anther website;-

 

“A transverse mark must be placed at each end of a line, where one type of line changes to another, where it abuts a bay marking or a zig-zag line and at a point where a vertical sign indicates the time period changes, but the road marking remains the same."

[Jamberson]

Hi,

 

The missing T bar does not mean the restriction is unenforceable. As I mentioned, the contravention is of the Traffic Order, not the lines, and although you are right that the lines are non-compliant without it, adjudicators have long ruled that a lack of T bar does not affect the motorist's knowledge of what the restriction is. In short, it's considered too trivial to matter.

[Mollylucy]

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[Mollylucy]

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[Mollylucy]

Sorry for the delay. I have posted some pics above. I hope these are okay. The Google street view gives the impression of a bend in the road but it is a straight road. Please have a look at the sign that says parking is permitted there. This sign is approximately 4 metres encroaching on to the yellow lines. I had parked approximately 6 metres to the left of this sign. Thanks for the advice on this-it is greatly appreciated.

[Jamberson]

Looks like you might have an argument, but this is likely to be rejected by the council and then have to be refered to the adjudicator. The first trouble you will have is that you are not the registered keeper. It is them, or if a work's car, the person it's allocated to, who would have to take up the case if it goes that far. Would they be willing to? And even if they did, you still may not win, although as I say, you do have something.

 

The view of the lamppost from the opposite side of the road makes the line look like a single, with a second, broken line behind it. From that view, you could be excused for thinking it was a single yellow, with a badly obliterated second line - and so then, the existence of a plate advising of parking times becomes logical and could fool a motorist.

 

Best thing to do right now, is try a proper written appeal now, with that photo, spelling out the case. You might get lucky. If they say no, then you either pay the discount or fight on, with the agreement of the keeper (who will be legally liable and would need to present their case if it ended up at adjudication).

[Mollylucy]

Thanks for that. I have sent them a letter on Thursday pointing out that my previous correspondence was not an appeal but that I was informing them of my intention to appeal. They responded as I said with a letter saying my appeal had been rejected. That is denying me the right to lodge any appeal and I think as such is incorrect?

I am away tomorrow for a week but on my return I will measure exactly where I was parked in relation to the sign saying parking is permitted for one hour and I will take some more photographs.