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PJT
Hi,

my wife received a parking ticket (PCN) yesterday. The car was parked on double yellow lines 50% on the road 50% on the pavement. The ticket says "01 Parking in a restricted street during prescribed hours".

As you can see from the photos, the yellow lines are not complete.








I found this (see below) on another forum which I think will apply for my situation to appeal What do you think? Will it matter that the car was also illeaglly parked on the pavement as well as on double yellow lines, although no ticked was issed for this? I don't have a acess to a scanner so cannot show the Parking ticket for a few days.

Thanks

Peter.



Grounds: - The contravention did not occur; specifically that the restriction is not signed as prescribed by the Traffic Signs Regulations and General Directions 2002 (the TSRGDs). References in this representation to Road Markings refer to that statutory instrument (2002/3113).


1) Legal Authorities.
MacLeod v Hamilton 1965 S.L.T 305
If signs to indicate the effect of a "No Waiting" order have not been erected, or signs have been erected not conforming to s.64 of the RTRA 1984 and TSRGD 2002 (SI 2002/3113), no offence against the "No Waiting" order is committed.

Davies v Heatley [1971] R.T.R 145
Because by s.64(2) of the Road Traffic Regulation Act 1984 traffic signs shall be of the size, colour and type prescribed by regulation, if a sign the contravention of which is an offence contrary to s.36 is not as prescribed by the regulation, no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind.


2) Why the signing/road marking is non - prescribed
Road Markings must conform to the enclosed diagram “SCHEDULE 6 ROAD MARKINGS. The road markings numbered 1017/1018.1 are a continuous line terminating with T Bars. Particular attention is drawn to item 4, Permitted Variants: None. The road markings in the restricted area are not continuous and do not have the required T Bar endings, therefore Varying from the prescribed regulation.








Teufel
adjudicators may say that the lines give adeauate notice of a restriction
and that as a civil rather than criminal matter a different stndard applies
battyboomboom
QUOTE (Teufel @ Wed, 24 Oct 2007 - 22:32) *
adjudicators may say that the lines give adeauate notice of a restriction

Of course they may say that, since they get paid by the PCN! It's quite obvious to me that a legal precedent has been set that the markings must conform - they clearly do not!

QUOTE
and that as a civil rather than criminal matter a different stndard applies

I thought the law applied in both cases.... rolleyes.gif
Teufel
if you want good advice then listen if you think you know better then fine

i am just stating the law as it is not as you may think it should be
PJT
Thanks or the replys,

I don't know much about this (as you probbaby can tell)
So what you are saying is that this is a civil matter and the precidents given are criminal and therfore would not apply? In which case we would be better to pay the £30 fine?

Thanks

Peter.
Teufel
if the claim is based purely on the lines then it is a weak case


adjudicators are saying (probably with justification) that the standard of lines
for a civil contravention is differnt to a crimninal offence - this assertion
has yet to be tested in high court but i strongly believe it would be upheld

exactly what standard would then be set is uncertain

you may have other basis for claim

you may win anyway as the council may screw up the paperowrk
or not bother to contest

if you no longer have the option of the discount then have a go

if you have the discount then consifder paying - i probably would pay
PJT
Thanks,

I think I'll pay it.

Peter.
legaladviser
QUOTE (PJT @ Thu, 25 Oct 2007 - 16:17) *
Thanks,

I think I'll pay it.

Peter.

Before you pay why not post the PCN on here and we'll take a look.
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