Help - Search - Members - Calendar
Full Version: PCN received - Difficult to see Loading 'tabs' on Kerb
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
MaFt
Hi,

Got a PCN from council for parking on double yellow lines with my daughter's Blue Badge (she was with me). The ticket says loading restrictions in place... However, you can barely see the loading restriction paint on the kerb. They're saying it's obvious because further down the road (where it changes to single yellow lines) that mention the loading restrictions. I genuinely didn't see the loading restriction tabs so assumed that the sign further ahead was relating to the restrictions on the single yellow lines - as I was on the doubles I didn't go look.

I'm pretty sure that there are rules for councils etc that state road markings need to be clear and obvious but does anyone know the actual legislation for this? I have a feeling this will be my only line of defence - a genuine mistake because their markings weren't clear.

This photo is from their evidence of the contravention but clearly shows the state of the markings.

Click to view attachment

Thanks in advance for any advice regarding their duties for road markings (if any!)
stamfordman
Post the PCN, all relevant council pics, and your pics. Plus give google street view location.

Also your challenge and their rejection.

Use a pic site such as Imgur and post BBcode links.

Markings have to be 'substantially compliant'. The one pic you have posted does suggest they aren't.
MaFt
Will sort extra pictures later. Need to edit to remove registration etc.
hcandersen
The photo shows a kerb blip within the length of your car.

You must have missed it.

On parking, you have to check that the exemption you intend to claim is available to you. An adj would want to know why, had you looked diligently, you could have missed the one in the photo?

Or you saw it and thought that given its state of disrepair and the absence ( if true) of adjacent markings within ** metres either side then it was a rogue and defunct marking.

Or you saw it and looked for but could not find a time plate wthin a reasonable distance.

Incandescent
Kerb blips, like yellow lines, alert you to a restriction that will be on a sign. No sign = no contravention. However, seeing a worn kerb blip and thinking it cannot apply because it's worn, therefore no point in looking for a sign, will not win at adjudication.
MaFt
I genuinely didn't see the blips so didn't look for the sign. It wasn't a case of "ooh, that's faded I'll park there and try get away with it". The sign, I assumed, was for the single yellow line as it was placed where the double turned to single.
hcandersen
They're saying it's obvious because further down the road (where it changes to single yellow lines) that mention the loading restrictions.

Which must mean you’ve already challenged, yes?

If so, have they extended the discount amd where are we in the process?
MaFt
QUOTE (hcandersen @ Fri, 24 Aug 2018 - 14:28) *
They're saying it's obvious because further down the road (where it changes to single yellow lines) that mention the loading restrictions.

Which must mean you’ve already challenged, yes?

If so, have they extended the discount amd where are we in the process?


I'd driven back to the road and spoke to the wardens who were there.

I did, however, 'challenge' it - rather, I emailed explaining that it was a genuine mistake and that I felt the markings were not very clear. A week later I got a letter saying they agreed about the markings and had cancelled the PCN but reinforced that I need to walk up and down the street to check for any signs etc.

Apologies for not getting back to post photos - school holidays with special-needs children are pretty demanding as it is!!

MaFt
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.