Parking Ticket Near School

[rob14973]

Hi

 

Ive been to pick up my kids today and got a ticket from a council warden:-x Around the school parking is at a premium. I was late so i parked it on a side road, near the junction on double yellow lines. My ticket says first seen at 15.05pm and noticed isued at 15.11pm when i got in my car the clock said 15.10. As i was approaching the car the warden was taking pictures of the front and then the rear i then get my 3 kids into the car pull ticket of the window and check the time on dash 15.10 mmmmm.

 

1. So is their a time limit before tickets are issued?

 

Also on my ticket its says at location "Next to a road sign plate" The roadside plate was on the other side of the road??

 

One of the double yellow lines is also broken by a grate.

 

Have i got grounds of appeal??

 

Your assistance would be appreciated

 

Rob

[Sidewinder]

Unfortunately Rob I don't think that you can make a case for appeal. The issue of the time will be one of accuracy of one timepiece over another - a minute or two wrong in either direction would not be sufficient to argue that the ticket was issued incorrectly (as opposed to for example if it was issued at 1455 or 1520 say when you would legitimately be able to demonstrate that you were elsewhere). A yellow line is clearly no parking at any time and is sufficient on its own to enforce the restriction - a sign doesn't have to be located alongside the lines to verfy it, and the warden could argue that he meant the sign on the opposite side of the road to clarify the precise location of the vehicle.

 

The issue of a broken yellow line is also a non-starter as you would have to be able to park fully within the broken section (or there would have to be a bar across the broken ends) to make an argument that the restriction was not in force in the area in which you parked.

 

Always worth a try perhaps if you can provide photographic evidence that the signage or markings were in any way misleading or if there was any other mitigation, but I wouldn't hold my breath - sorry!

[patdavies]

 

The issue of a broken yellow line is also a non-starter as you would have to be able to park fully within the broken section (or there would have to be a bar across the broken ends) to make an argument that the restriction was not in force in the area in which you parked.

 

I would be interested to see any case law on this, as there is nothing in legislation. The legislation appears to be clear - the lines must be continous and no variation is allowed. If the lines do not conform, then the traffic order is void and unenforcable.

[rob14973]

Hi

 

I think im going to contest it on those grounds!

 

ALso im a bit confused about the ticket i have received.

 

Reading the forum threads it states that if my tickets says penalty charge notice i can contest it on the grounds its not a penalty. If this is so, what would be my argument?

 

rob

[Sidewinder]

I would be interested to see any case law on this, as there is nothing in legislation. The legislation appears to be clear - the lines must be continous and no variation is allowed. If the lines do not conform, then the traffic order is void and unenforcable.

 

No case law to quote and on that basis we should probably have taken the appeal further than we did for a similar case where the appeal was on the basis that the contravention had not occurred due to non-compliant road markings. We were advised that ours would be thrown out as the only break in the lines was where the lines were painted over drainage cover bars and adjudication would fail on the grounds of unreasonable argument. There is case law to support an appeal where lines have been poorly maintained and have become faded or broken, but for breaks caused by drainage features where the restriction is otherwise clearly marked? Interesting to test though as the regulations do indeed state no variations.

[patdavies]

Sidewinder,

 

Sorry, I failed to make myself clear. I was not referring to the grate, but rather to your remark about having to park fully within the 'broken' section.

 

As far as I am aware, any break in the line (eg from roadworks or wearing out) renders the whole line invalid.

 

I'm not trying to be awkward. It is just that I have heard of this assertion being made before by PAs and at least one council. To my mind it is a false assertion.

[rob14973]

Hi

 

Ok looking into my parking tickets all legit and im going to pay! Except i was approached by the local lolipop lady who told me the warden who issued my ticket had parked his car on a single yellow line after the zig zag lines outside a school just to issue my ticket which is also an offense. Rules for one rules for another.