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Broken Double Yellow Line
CIPD197
post Thu, 17 Jan 2019 - 22:24
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To whom this may concern,

Hi,

This is my first post so apologies if I miss out certain information however, I was hoping you were able to assist with my query.

At my office, we have a limited amount of spaces and unfortunately some of these spaces are taken by train users who park the car outside of our office before anyone arrives i.e. 6am and they do not return until late evening. This has caused a lot of issues for the employees including myself at the office. Therefore as no spaces were remaining, I parked on the pavement beside a broken yellow line. We have previously never received tickets for doing this however today a traffic warden gave a ticket to 2 cars parked in the same manner.

Firstly a couple of things I wanted to note was the yellow lines are broken therefore I assume this is invalid?

The parking officer could argue that I was causing obstruction however, the ticket issued was for 'Parked in a restricted street during prescribed hours'.

The parking offense stated on the ticket did not occur as there are no signs at all with any prohibited parking times, let alone no parking.

Furthermore, the traffic officer observed the car for 3 mins. Is this enough time for them to start issuing a ticket?

The main reason I would like to appeal the ticket was for the yellow lines being invalid and no signs around on the street to support this.

Are you able to advise?

Many thanks in advance!

This post has been edited by CIPD197: Thu, 17 Jan 2019 - 22:28
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post Thu, 17 Jan 2019 - 22:24
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NewJudge
post Thu, 17 Jan 2019 - 22:35
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Don't know too much about parking offences but in London parking on the pavement is an offence regardless of any parking restrictions on the road. Highway Code Rule 244:

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

Law GL(GP)A sect 15
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peterguk
post Thu, 17 Jan 2019 - 22:56
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The DYLs look "substantially compliant", i.e. in good enough condition to convey the restriction to a reasonanle person. They do not have to be in perfect condition and require no time plate as they are a 24/7 restriction.

DYLs cover from centre of road to boundary with private property.

Looks bang to rights. Let's see a GSV.

You could possible claim legitimate expectation, but you're now on notice and need to find somewhere else to park.

Who is the RK of the car?

This post has been edited by peterguk: Thu, 17 Jan 2019 - 22:57


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CIPD197
post Fri, 18 Jan 2019 - 05:12
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Thank you for the response!

https://goo.gl/maps/MVWMu8KcEy72 - that’s the GSV

And registered keeper is VW

Do you think this is worth appealing?
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hcandersen
post Fri, 18 Jan 2019 - 08:55
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Firstly a couple of things I wanted to note was the yellow lines are broken therefore I assume this is invalid? Wrong. You knew there were DYL, you said so. They're in very good condition considering the road surface looks like it's granite setts.

The parking officer could argue that I was causing obstruction however, the ticket issued was for 'Parked in a restricted street during prescribed hours'. Obstruction isn't a consideration in this matter.

The parking offense stated on the ticket did not occur as there are no signs at all with any prohibited parking times, let alone no parking. See below.

Furthermore, the traffic officer observed the car for 3 mins. Is this enough time for them to start issuing a ticket? Yes.

The main reason I would like to appeal the ticket was for the yellow lines being invalid and no signs around on the street to support this. None needed, you should bone up on your Highway Code traffic signs.

As you are not the registered keeper, the NTO would be sent to the lease company. They might choose to pay AND charge you for the privelege - all under your lease contract and nothing to do with parking.

Your objective should therefore be to get the matter resolved pre-NTO.

SO, start with posting the PCN, both sides, delete only VRM and PCN number.

This process is time sensitive so........
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