Recently received a parking fine and appealed against it as there were no visible road markings. This was also confirmed by the TW's photgraph.
They have replied saying that although there were no markings, there was a sign on a lampost locally. Therefore they are rejecting my appeal, though they have given me a further 14 days to pay at the reduced rate.
I have read many articles in newspapers of drivers successfully appealing against fines where poor/no road markings were evident. Has this apparent loophole been closed ? Or can anybody here direct me to a source of help on this matter ?
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The parking adjudicator's site at www.parking-appeals.gov.uk/ has quite a bit of info. Presumably if the LA have rejected your submission the adjudicator is your next port of call.
Appellants who attend the hearing have a pretty good success rate.
Worth a punt on loosing the reduced rate?
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Can you enlarge Kippax - waiting restiction on yellow lines or parking bay infringement ?
DVD
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Bromptonaut...... cheers for that link. It appears that my appeal would be on technical grounds.
Basically the car was apparently on yellow lines of some sort. Its difficult to know exactly what as they had completely worn away for a stretch of 20 yards on either side of my vehicle.
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Sorry if this is a bit long winded Kippax but submitted for your information so that you know what the position is.
If it was double/single yellow line then the waiting restriction was brought about by a ?No Waiting? Order by the local Council under the Road Traffic Regulation Act 1984. Under this Act an offence not to comply.
Such a restriction has to be signed with signs that are authorised by Sec of State under The Traffic Signs and General Directions 2002. These have to be of certain shape, colour and size. If not they do not comply with Directions thus allowing the argument that the Order is not enforceable. The double yellow line is Sign No 1018 and is continuous throughout, starting and ending with a T Bar, together with a Plate, which may or may not be erected at intervals.
Under the old regime, when or where Police employed Wardens, then prosecution was by Fixed Penalty Notice, which if contested went to a Magistrates Court. There the argument could be put forward the signage was not in accordance with the Regs. and therefore illegal. I have seen cases reported where this has been successful.
However under the Road Traffic Act 1991 Schedule 3, Local Authorities (generally those in major connurbations) are allowed to make an application to Sec of State for a Permitted Parking Area and Special Parking Area Order within their domain. The effect of this is that LA control/enforce parking matters, generally through sub-contracted firms. The Order also de-criminalizes No Waiting offences under the RTR Act. Transgressions place the owner of the vehicle responsible for unpaid Tickets issued with non-payment being effected through Civil Court as a debt.
One of the effects of the PPA/SPA as I understand it is to remove the requirement of Plates at intervals on a No Waiting restriction as times will be displayed on larger signs at the signd entrance to the PPA/SPA, unless there is a change effecting the restriction which has to be signed i.e. double to single.
Early payment is rewarded but then the amount increases as time goes by.
There is an Appeal System, firstly with the LA and then if not resolved through an Adjudicator, as the last resort. I understand that if an appeal is started early then the early payment option is put on hold until matters resolved.
Now what I am hearing is that under the PPA/SPA a more lenient view is being taken on signage irregularities which I can only assume that under criminal law an offence has to be proved beyond any reasonable doubt whereas under civil law only on the balance of probability. It would seem a number of LA's rebuff any initial appeal for obvious reasons.
In your shoes I would lodge an Appeal with the Adjudicator on the grounds that the signage was unlawful in that it did not comply with Traffic Signs and General Directions 2002. Evidence of this in an accompanying photo should highlight the problem, for without proper signing how is one to know about the restriction.
Please update on the outcome.
DVD
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DVD...... cheers for that. It was long winded, but it seemed to be exactly as I understood it.
I'm gonna stand my ground here.
Being totally honest I was aware that there were parking restrictions in the streets around where I was attempting to park. However I saw 4 cars parked together and after the last car, several yards of kerb with no apparent road marking before a commercial property entrance. Pulled over, backed in and scuttled of for my dinner.
Returned to find the ticket.
Closer examination revealed that there was a sign on a lampost 20 yards or so away and the remnants of yellow lines. By "remnants" I mean particles of yellow paint within the tarmac only barely visible when stood directly over them. Certainly not visible from any further away and at no point resembling a line of any kind for any distance.
Crossing my fingers and going back to get this on camera for myself.
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