Hello, thanks and how continuous is continuous?, Two wins and now it's time for Davies v Heatley! |
Hello, thanks and how continuous is continuous?, Two wins and now it's time for Davies v Heatley! |
Fri, 30 Jun 2006 - 15:15
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#1
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Member Group: Members Posts: 1,361 Joined: 30 Jun 2006 Member No.: 6,428 |
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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Fri, 30 Jun 2006 - 15:15
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Fri, 30 Jun 2006 - 16:36
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#2
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Member Group: Members Posts: 3,410 Joined: 14 Nov 2004 From: Inside somewhere ;-) Member No.: 1,871 |
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? -------------------- Regards, Insider
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Fri, 30 Jun 2006 - 20:23
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#3
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Member Group: Members Posts: 1,361 Joined: 30 Jun 2006 Member No.: 6,428 |
Join what?? I've already registered (obviously)
Hint: put the joining thing at the top of the home page .... I'll wander off now to see if I can post a photo or two |
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Fri, 30 Jun 2006 - 21:44
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#4
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Member Group: Members Posts: 2,248 Joined: 12 Oct 2003 From: Hants, UK Member No.: 412 |
.... 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 -------------------- Found anything useful? Become a BB&G!
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Sat, 1 Jul 2006 - 21:50
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#5
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Member Group: Members Posts: 8,639 Joined: 5 Jul 2003 Member No.: 134 |
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). 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) , 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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Sun, 2 Jul 2006 - 11:54
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#6
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Member Group: Members Posts: 1,361 Joined: 30 Jun 2006 Member No.: 6,428 |
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
Edit: photo size This post has been edited by Mike7777777: Sun, 2 Jul 2006 - 11:57 |
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Sun, 2 Jul 2006 - 13:40
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#7
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Member Group: Members Posts: 1,198 Joined: 22 Dec 2005 From: wirral Member No.: 4,476 |
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 -------------------- NOTICE The content of this post and of any replies to it may assist in or relate to the formulation of strategy tactics etcetera in a legal action. This post and any replies to it should therefore be assumed to be legally privileged and therefore must not be disclosed, copied, quoted, discussed, used or referred to outside of the PePiPoo forum on which it was originally posted additionally it must not be disclosed, copied, quoted, discussed, used or referred to by any person or organisation other than a member of PePiPoo appropriately paid up and in full compliance with the PePiPoo terms of use for the forum on which it was originally posted. The PePiPoo terms of use can be found at http://forums.pepipoo.com/index.php?act=boardrules. For the avoidance of doubt, if you are reading this material in any form other than an on-line HTML resource directly and legitimately accessed via a URL commencing "http://forums.pepipoo.com" then it has been obtained by improper means and you are probably reading it in breach of legal privilege. If the material you are reading does not include this notice then it has been obtained improperly and you are probably reading it in breach of legal privilege. Your attention is drawn to the Written Standards for the Conduct of Professional Work issued by the Bar Standards Board particularly under heading 7, "Documents".
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Sun, 2 Jul 2006 - 14:44
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#8
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Member Group: Members Posts: 2,248 Joined: 12 Oct 2003 From: Hants, UK Member No.: 412 |
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 -------------------- Found anything useful? Become a BB&G!
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Sun, 2 Jul 2006 - 17:52
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#9
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Member Group: Members Posts: 4,433 Joined: 19 Oct 2003 From: Lancashire Member No.: 436 |
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. -------------------- DW190
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Sun, 2 Jul 2006 - 19:30
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#10
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Member Group: Members Posts: 1,361 Joined: 30 Jun 2006 Member No.: 6,428 |
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 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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Mon, 3 Jul 2006 - 13:19
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#11
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Member Group: Members Posts: 425 Joined: 6 May 2006 Member No.: 5,607 |
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. peterb |
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