parking ticket on part of a yellow line
parking ticket on part of a yellow line
Author
Discussion

Simond001

Original Poster:

4,519 posts

308 months

Saturday 27th February 2010
quotequote all
A couple of weeks ago I was issued a ticket because the front of my car was on a single yellow lie. The back wasnt.



I accept that under the spirit of the law I am in the wrong, but my understanding is that there is no spirit in the law. It is either legal or not.

Are the yellow lines legal or not. There is no T bar at the end, which I believe makes them illegal. If that is the case what is the best way to proceed.

Any help / advise welcome. I appreciate that I'll be denegrated for not wanting to fund the gordon brown but the Civil Enforcement Officer really pissed me off.



Edited by Simond001 on Saturday 27th February 21:52

Parrot of Doom

23,075 posts

265 months

Saturday 27th February 2010
quotequote all
Not barred = unlawful.

spikeyhead

20,636 posts

228 months

Sunday 28th February 2010
quotequote all
I think you deserve a fine for parking that far away from the kerb, assuming that you hadn't just moved it there for the sake of the pic.

Dwight VanDriver

6,583 posts

275 months

Sunday 28th February 2010
quotequote all
Try an appeal. If that is the end of the line, the repair section has taken away the T bar ending which is a requirement of the line under Traffic Signs and General Directions 2002 Diagr4am 1017. Also mention the poor state of the line itself.

dvd

streaky

19,311 posts

280 months

Sunday 28th February 2010
quotequote all
I suggest you obscure your number-plate when posting photographs of your car on the Internet - Streaky

blueg33

46,928 posts

255 months

Sunday 28th February 2010
quotequote all
See parking forum here for good advice clicky

10 Pence Short

32,880 posts

248 months

Sunday 28th February 2010
quotequote all
streaky said:
I suggest you obscure your number-plate when posting photographs of your car on the Internet - Streaky
I've always wondered why? It's not as if you can't wander around any town centre on any day of the week and see lots of number plates.

If someone needs to clone a car, they'll do it whether pictures on the internet exist or not.


twister

1,593 posts

267 months

Sunday 28th February 2010
quotequote all
spikeyhead said:
I think you deserve a fine for parking that far away from the kerb
Given that the yellow line isn't hard up against whatever physical edge there is to the tarmac (it looks as if there might be a wall there, but it's not obvious what lies beyond the edge of the photo), might I suggest that the OP has parked neatly against the edge of that section of tarmac intended for use by vehicles, and the patch to the left of their vehicle has some other use?

oldsoak

5,618 posts

233 months

Sunday 28th February 2010
quotequote all
Gotta ask...If the line had had it's terminal 'T-bar' and the line itself was in good nick...would you still have parked there?
If you had stopped 4 feet further back this thread wouldn't exist and the traffic smurf wouldn't have had cause to get up your nose.

saaby93

32,038 posts

209 months

Sunday 28th February 2010
quotequote all
Simond001 said:
A couple of weeks ago I was issued a ticket because the front of my car was on a single yellow line.
It isnt confused
Youve parked outside it

oldsoak

5,618 posts

233 months

Sunday 28th February 2010
quotequote all
saaby93 said:
Simond001 said:
A couple of weeks ago I was issued a ticket because the front of my car was on a single yellow line.
It isnt confused
Youve parked outside it
STOP IT!

saaby93

32,038 posts

209 months

Sunday 28th February 2010
quotequote all
oldsoak said:
STOP IT!
hehe

BliarOut

72,863 posts

270 months

Sunday 28th February 2010
quotequote all
Dwight VanDriver said:
Try an appeal. If that is the end of the line, the repair section has taken away the T bar ending which is a requirement of the line under Traffic Signs and General Directions 2002 Diagr4am 1017. Also mention the poor state of the line itself.

dvd
This ^^^ Look into the wording "acceptable variations: none". In the letter of the law that isn't a single yellow line, it's just some paint on the road.

Simond001

Original Poster:

4,519 posts

308 months

Sunday 28th February 2010
quotequote all
BliarOut said:
Dwight VanDriver said:
Try an appeal. If that is the end of the line, the repair section has taken away the T bar ending which is a requirement of the line under Traffic Signs and General Directions 2002 Diagr4am 1017. Also mention the poor state of the line itself.

dvd
This ^^^ Look into the wording "acceptable variations: none". In the letter of the law that isn't a single yellow line, it's just some paint on the road.
That is what I thought. i initially appealed using this information and it has been refised.

Tnubridge Wells Council said:
Thank you for your letter regarding the above Penalty Charge Notice.



The legislation that covers this contravention stipulates that if you park your vehicle on yellow lines during restricted hours, for no matter how short a time, you are in contravention of national parking regulations and are liable for a penalty. The onus is on drivers to ensure that they comply with parking regulations and Civil Enforcement Officers are under no obligation to warn drivers prior to issuing a Penalty Charge Notice.



I have considered the circumstances of your appeal in line with the Kent Parking Group policy guidance document on parking enforcement and cancellation but must inform you that our Civil Enforcement Officer's comprehensive notes and photograph (please see attached copy) show that your vehicle was parked on clearly marked yellow lines in contravention of regulations and I do not therefore feel there are sufficient mitigating circumstances on this occasion to merit the cancellation of the Penalty Charge Notice.



However, provided that the Penalty Charge Notice is paid not later than the last day of the period of 14 days beginning with the date of this letter, I am able to accept the reduced rate of £35.00. Cheques and Postal Orders should be made payable to Tunbridge Wells Borough Council and addressed to Parking Services. Alternatively, you can pay via our website, www.tunbridgewells.gov.uk or by credit/debit card on our dedicated payment line 01892 554094, which is open 23½ hours a day, seven days a week (except between 5pm and 5:30pm when the system is closed for essential processing).



Should this Penalty not be paid by the last day of the given time-scale, a ‘Notice to Owner’ will subsequently be sent to the registered owner/keeper of the vehicle. The registered owner/keeper must then, not later than the last day of the period of 28 days beginning with the date on which the Notice is served, either pay the full charge of £70.00 or make a formal appeal in writing on the Notice, which the Council will be under a statutory obligation to consider. If the formal appeal is rejected, they will be sent the forms to allow them to appeal direct to the Traffic Penalty Tribunal, should they wish, for an independent ruling on the matter - which will be binding on all parties. There is no formal right of appeal to the Tribunal until the ‘Notice to Owner’ is issued and returned to us
So what is my next move. I dont want to waste loads of my time with this, but also dont want to rush to court as this just costs the tax payer money.

blueg33

46,928 posts

255 months

Sunday 28th February 2010
quotequote all
10 Pence Short said:
streaky said:
I suggest you obscure your number-plate when posting photographs of your car on the Internet - Streaky
I've always wondered why? It's not as if you can't wander around any town centre on any day of the week and see lots of number plates.

If someone needs to clone a car, they'll do it whether pictures on the internet exist or not.
I wonder that too. Number plates aren't exactly a secret. I guess it means that someone might be able to clone your plate without getting off their fat bum

BliarOut

72,863 posts

270 months

Sunday 28th February 2010
quotequote all
http://www.appealnow.com/parking-tickets/parking-t...

Permitted variations appears to to be the important wording.

Bill

58,909 posts

286 months

Sunday 28th February 2010
quotequote all
Simond001 said:
So what is my next move. I dont want to waste loads of my time with this, but also dont want to rush to court as this just costs the tax payer money.
Write back again reminding them that the onus is on them to maintain the road markings and that the ones you parked next to aren't enforceable.

They're just trying to scare you into giving up.

oldsoak

5,618 posts

233 months

Sunday 28th February 2010
quotequote all
Bill said:
Simond001 said:
So what is my next move. I dont want to waste loads of my time with this, but also dont want to rush to court as this just costs the tax payer money.
Write back again reminding them that the onus is on them to maintain the road markings and that the ones you parked next to aren't enforceable.

They're just trying to scare you into giving up.
...and don't be swayed when they start talking about the lack of Terminal T-bars being "de-minimis" either.....

Bill

58,909 posts

286 months

Sunday 28th February 2010
quotequote all
Bullying fkersyes

streaky

19,311 posts

280 months

Sunday 28th February 2010
quotequote all
Simond001 said:
BliarOut said:
Dwight VanDriver said:
Try an appeal. If that is the end of the line, the repair section has taken away the T bar ending which is a requirement of the line under Traffic Signs and General Directions 2002 Diagr4am 1017. Also mention the poor state of the line itself.

dvd
This ^^^ Look into the wording "acceptable variations: none". In the letter of the law that isn't a single yellow line, it's just some paint on the road.
That is what I thought. i initially appealed using this information and it has been refised.

Tnubridge Wells Council said:
Bla, bla, bla.
So what is my next move. I dont want to waste loads of my time with this, but also dont want to rush to court as this just costs the tax payer money.
If you appealed on the basis that parking restrictions were unenforceable owing to non-compliance with the law, they either haven't read your appeal, or they didn't understand it, or they think they can bully you. If the photograph is theirs, that should be evidence enough to take to PATAS and win. It would be helpful to photograph more of the yellow lining along that stretch of road, usefully showing all breaks and terminators (missing or present) - Streaky