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Hello, thanks and how continuous is continuous?, Two wins and now it's time for Davies v Heatley!
Mike7777777
post Fri, 30 Jun 2006 - 15:15
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Hi,

I've successfully appealed a couple of parking tickets recently using techniques posted on this website, thanks for that. There's always a discrepancy if you look closely enough ;-)

If I've understood Davies v Heatley correctly, any break in a yellow line that is intended to be continuous means that the restrictions are invalid, even if the break is only 1ft/ 300mm long, is that correct? Does this apply equally to areas where the police enforce and where the local authorities issue tickets?

M
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post Fri, 30 Jun 2006 - 15:15
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Insider
post Fri, 30 Jun 2006 - 16:36
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QUOTE (Mike7777777 @ Fri, 30 Jun 2006 - 16:15) *
Hi,

I've successfully appealed a couple of parking tickets recently using techniques posted on this website, thanks for that. There's always a discrepancy if you look closely enough ;-)

If I've understood Davies v Heatley correctly, any break in a yellow line that is intended to be continuous means that the restrictions are invalid, even if the break is only 1ft/ 300mm long, is that correct? Does this apply equally to areas where the police enforce and where the local authorities issue tickets?

M



About time to join then? wink.gif


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Mike7777777
post Fri, 30 Jun 2006 - 20:23
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Join what?? I've already registered (obviously) wink.gif

Hint: put the joining thing at the top of the home page wink.gif

.... I'll wander off now to see if I can post a photo or two
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g_attrill
post Fri, 30 Jun 2006 - 21:44
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QUOTE (Mike7777777 @ Fri, 30 Jun 2006 - 21:23) *
.... I'll wander off now to see if I can post a photo or two


If you're a member you can attach them directly to the posts laugh.gif


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jeffreyarcher
post Sat, 1 Jul 2006 - 21:50
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QUOTE (Mike7777777 @ Fri, 30 Jun 2006 - 16:15) *
If I've understood Davies v Heatley correctly, any break in a yellow line that is intended to be continuous means that the restrictions are invalid, even if the break is only 1ft/ 300mm long, is that correct?

There's no direct cases on the point, but small variations in dimensions have been held to be 'de minimis'; i.e. insignificant. One such case was the space between double white lines should be 300mm. A ~3% variation, 10mm. was so held (figures IIRC).
QUOTE (Mike7777777 @ Fri, 30 Jun 2006 - 16:15) *
Does this apply equally to areas where the police enforce and where the local authorities issue tickets?

Yes, however, in practice the adjudicators are 'a law unto themselves'[*]. Theres even a case in London where they totally ignored the well settled case law on the subject; it actually featured on their web-site (no 'T'-bars) icon_mad.gif , although it appears that the appellant didn't quote any case law at them.
[*]The words of a criminal defence lawyer.
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Mike7777777
post Sun, 2 Jul 2006 - 11:54
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Thanks for that Jeffery; photo below. Looking through the eyes of Davies vs Heatley, there appears to be lots of unrestricted kerbside parking wherever I look smile.gif



Edit: photo size

This post has been edited by Mike7777777: Sun, 2 Jul 2006 - 11:57
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fatboytim
post Sun, 2 Jul 2006 - 13:40
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The photo definately doesn't show a continuous line, also on the photo the line on the right side seems to narrow this may also be defective. Can you measure how wide the line is.
The reinstatement patch does not look very recent, which may help as the authority have not maintained the lines.
fatboytim


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g_attrill
post Sun, 2 Jul 2006 - 14:44
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If the LA's really cared about their lines they would make it a condition of all street work that if lines are damaged are to be repainted by the person(s) who requested the works. OR they would look through their records of where work has been carried out and get somebody to drive around with a pot of paint once a month, it's not rocket science.

Gareth


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DW190
post Sun, 2 Jul 2006 - 17:52
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I've been to Blackburn through Tockholes today and noticed a road repair on a minor road that wasn't there three weeks ago.

A small area of new surface of no more than 2 mts x 1mtr. Low and behold there was a newly painted part of a white line on the new surface. If everywhere the yellow lines were repainted as quick as the white ones there would be no getting off on the line issue.


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Mike7777777
post Sun, 2 Jul 2006 - 19:30
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QUOTE (fatboytim @ Sun, 2 Jul 2006 - 14:40) *
The photo definately doesn't show a continuous line, also on the photo the line on the right side seems to narrow this may also be defective. Can you measure how wide the line is.
The reinstatement patch does not look very recent, which may help as the authority have not maintained the lines.
fatboytim


There are three factions on the estate, those who desire parking controls, those who don't ..... and me. I want everyone else to think there are parking controls in place, but in reality I can park anywhere. So I can have my personal kerbside car park. Therefore, I can't be seen to be photographing or measuring yellow lines, I'm sure the no-parking-here brigade will be twitching the nets.

However, I can offer the following within the same parking restriction:



Slightly faded. There are also some very low notices, so it's out with the tape measure at the next opportunity wink.gif wink.gif I only want to use one non-compliance and save the rest for a rainy day. I do enjoy undermining the authorities. It's frightening really, we can demonstrate their incompetence on the obvious things, what goes on behind closed doors??
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peterb
post Mon, 3 Jul 2006 - 13:19
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QUOTE (g_attrill @ Sun, 2 Jul 2006 - 15:44) *
If the LA's really cared about their lines they would make it a condition of all street work that if lines are damaged are to be repainted by the person(s) who requested the works.

I agree it's about time Councils started caring for each & every line like it was
a loved member of their family. rolleyes.gif

peterb
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