Challenging parking penalties / non-compliant markings

[monthefish]

Does anyone have any experience of challenging a parking ticket on the basis of non-compliant markings?
Anyone tried successfully/unsuccessfully?

(A close shave with a traffic warden promted the thread. There was not ticket, as I think he realised he was on rocky ground when the poor markings were pointed out to him, and just wondered, if he had ticketed, how good a defence is likely to be)

[Type R Tom]

Got a photo?

Once the changes to TSRGD go through Parliament this year (hopefully before the election) you will no longer be able to “get off” on a technicality if it is clear what the signs / lines are intended for.

[Aretnap]

It depends on how bad the markings were. Substantial compliance is the name of the game these days. You can't wiggle out of a parking ticket just because the markings were a little bit worn, or not quite of the size they're supposed to be. You can if they were so bad that a reasonable motorist might have actually failed to realise their significance.

[nxi20]

I tried to challenge on an "incorrectly terminated" double yellow (ie. not at all!) Had a fruitless argument with the council wonk over it then gave in and paid. The really annoying aspect was that there's an identical parking bay opposite, complete with the same double yellows but with a sign saying you can park for 30 mins. There was no sign at all in the bay I parked for 10 minutes in...

[Tje]

I used to deal with parking ticket appeals. If someone argued saying "your double yellow lines are too thin" the argument was you could still tell they were double yellow lines.

If it went to an appeal with an independent body they usually sided with use.

If they are so bad as you're not sure what the markings are telling you what is and isn't allowd, then that's a fair argument and I've cancelled tickets for that. Tends to happen after a utility company has done works and not painted the correct stuff back down

[TroubledSoul]

I did back in 2012. I was told by many on here to "pay up" and that I wouldn't win etc. etc. I challenged Birmingham City Council (or whatever their proper title is) over being given a ticket on a street where the double yellows had completely disappeared over a ten metre section.

I argued that with the lines obviously not being maintained, how was I to know the restrictions were still in force?

The rejected the first couple of appeals and then upheld the final one. Very satisfying.

It seems that opinion is hugely divided on here, but my view is that if they want to collect the fines then they must adhere to the rules and make sure yellow lines etc. are clearly visible.

I wouldn't dream of parking on visible double yellows.

[monthefish]

Good for you, TS, totally agree with your post.

Interesting link, Aretnap, thanks for posting.

[stuart313]

I seem to remember there was a court judgment a few years ago, can't remember whether is was a binding decision or not but the judgement stated something along the lines of "If the markings are not compliant then they are null and void even if they were clear to a reasonable man what they mean". or something along those lines.

[TroubledSoul]

stuart313 said:

I seem to remember there was a court judgment a few years ago, can't remember whether is was a binding decision or not but the judgement stated something along the lines of "If the markings are not compliant then they are null and void even if they were clear to a reasonable man what they mean". or something along those lines.

There is published legislation somewhere. It's pretty much the route I went with my appeal.