Parking ticket on worn out yellow lines
Discussion
I parked tonight on the end of a row of parking spaces with 1 hour waiting limit. I didn't realise that I'd parked half on some worn out double yellow lines but I got a ticket all the same. The lines are barely visible and look more like builders sand left on the road.
Is this worth contesting ? What's the chance of getting the ticket withdrawn ? It's only £30 so I'm not too bothered but it's the principle of local authority not maintaining the road etc, probably too busy installing speed humps.
Also, the BiB who gave me the ticket said I was obliged to give them my name, I didn't think this was the case ?
Cheers, Steve
Is this worth contesting ? What's the chance of getting the ticket withdrawn ? It's only £30 so I'm not too bothered but it's the principle of local authority not maintaining the road etc, probably too busy installing speed humps.
Also, the BiB who gave me the ticket said I was obliged to give them my name, I didn't think this was the case ?
Cheers, Steve
there was a case in hartlepool last year i believe the guy got it over turned .
basically the lines need to be unbroken they must be closed of at each end by the bar that crosses them.
even if there has just been roadworks on the line an they havn't painted them in you should get away with it
correct me if i am wrong tony rec and collegues.
basically the lines need to be unbroken they must be closed of at each end by the bar that crosses them.
even if there has just been roadworks on the line an they havn't painted them in you should get away with it
correct me if i am wrong tony rec and collegues.
AFAIK if the signs, and that includes road markings, do not conform to the requirements of the Traffic Signs and General Directions Regulations
see here > www.hmso.gov.uk/si/si1994/Uksi_19941519_en_1.htm
then the law is * potentially * unenforceable.
I stress te potentially because a parking appeals or magistrates might not see it like that.
The comment above about some guy getting convictions overturned is quite correct. It was in N Yorks plod area and the basis of the old guys case was that the lines were so worn they were not continuous and end markers were missing as required by the regs.
Without being able to see the extent to which the markings were worn can't comment about whether you have a case in reality or morally.
However this touches on a particular bee in my bonnet that if we motorists are expected to obey laws to the letter then so should the authorities.
see here > www.hmso.gov.uk/si/si1994/Uksi_19941519_en_1.htm
then the law is * potentially * unenforceable.
I stress te potentially because a parking appeals or magistrates might not see it like that.
The comment above about some guy getting convictions overturned is quite correct. It was in N Yorks plod area and the basis of the old guys case was that the lines were so worn they were not continuous and end markers were missing as required by the regs.
Without being able to see the extent to which the markings were worn can't comment about whether you have a case in reality or morally.
However this touches on a particular bee in my bonnet that if we motorists are expected to obey laws to the letter then so should the authorities.
There have been a few cases recently like this. If the lines are badly worn then you have a good chance of having the charge withdrawn. As was said earlier - take some pictures and write them a letter saying that the marks were unclear and confusing.
Example:
http://news.bbc.co.uk/1/hi/england/2689487.stm
Example:
http://news.bbc.co.uk/1/hi/england/2689487.stm
plotloss said:
Yes, it is worth contesting.
Just write them a letter stating that the lines werent clearly visible and due to this you believe the ticket to be issued in error.
I got off one in these exact circumstances in Wimbledon...
But make sure you've a timed/dated photo to prove it.. otherwise they'll be out there in a flash to "remedy" it, cos they're losing cash.....
Happened to a mate in West London, but he had taken a photo with the parking attendant in it at the time.... no probs, and he billed the council for his time and got it!!!
I've tested this and won IMHO! I got 2 tickets recently followed by the usual letters upping the threats and fines. Finally the registered keeper will get a letter saying they must either pay or challenge. There will be about six boxes and you tick the grounds for your challenge. I'm not sure what happens after that as I'm still waiting but eventually it goes to an independant ombudsman. Probably a guy like one of us!
Anyway, my point is this. Whilst they were bothering me I bothered them and sent them a questioning letter. I asked:
Who is responsible for maintaining the yellow lines and if the lines are broken, not barred off on the ends or in a poor state could the ticket be enforced.
The answer NO. Incorrect lines are un-enforcible. I have the letter so when they last wrote about my tickets I replied that the offences never occurred as the lines weren't correctly painted. I can't lose as they provided me with written confirmation beforehand. They've gone quiet now whilst some bod gets a rollicking.
So, if you have to stop briefly look for a broken line with a tarmac patch on it or an unpainted grate or check the ends of the lines.
Anyway, my point is this. Whilst they were bothering me I bothered them and sent them a questioning letter. I asked:
Who is responsible for maintaining the yellow lines and if the lines are broken, not barred off on the ends or in a poor state could the ticket be enforced.
The answer NO. Incorrect lines are un-enforcible. I have the letter so when they last wrote about my tickets I replied that the offences never occurred as the lines weren't correctly painted. I can't lose as they provided me with written confirmation beforehand. They've gone quiet now whilst some bod gets a rollicking.
So, if you have to stop briefly look for a broken line with a tarmac patch on it or an unpainted grate or check the ends of the lines.
Thanks to everybody, just thought I'd report a success ! 
Sent digital photos of the lines and the sign allowing parking so they knew I was on the ball and I pointed out that the lines were broken, the end marker was missing etc and received a letter from the central ticket office stopping the ticket.
Their letter was a bit curt, not a pleasant letter and they ponted out that they would not cancel a second ticket. I've a good mind to check this out as they can't enforce a second ticket if the grounds for the ticket were agreed not to be enforceable first time round.
Sent digital photos of the lines and the sign allowing parking so they knew I was on the ball and I pointed out that the lines were broken, the end marker was missing etc and received a letter from the central ticket office stopping the ticket.
Their letter was a bit curt, not a pleasant letter and they ponted out that they would not cancel a second ticket. I've a good mind to check this out as they can't enforce a second ticket if the grounds for the ticket were agreed not to be enforceable first time round.
Common sense prevails!
Mate of mone has had FOUR parking tickets overturned like this - his road had speed bumps added, which took a great chunk out of the double yellows outside his front door, conveniently big enough for his Astra. Not only did he have the tickets overturned, most of his neighbours did as well. Does raise a point though, which really ought to be pointed out to the local authorities - they KNOW the ticket is unenforcible, hence overturning it, so why do their wardens (or whatever they're called now) KEEP ISSUING THE TICKETS? Surely issuing tickets for acknowledged unenforcible yellow lines is bordering on fraud, or maybe harrassment?
Mate of mone has had FOUR parking tickets overturned like this - his road had speed bumps added, which took a great chunk out of the double yellows outside his front door, conveniently big enough for his Astra. Not only did he have the tickets overturned, most of his neighbours did as well. Does raise a point though, which really ought to be pointed out to the local authorities - they KNOW the ticket is unenforcible, hence overturning it, so why do their wardens (or whatever they're called now) KEEP ISSUING THE TICKETS? Surely issuing tickets for acknowledged unenforcible yellow lines is bordering on fraud, or maybe harrassment?
One of mine is going to appeal, held by an independant lawyer. I took photo's and even have a letter from the council saying unbarred or broken lines are unenforcible, they are still pushing it all the way? Why, I reckon it's all about jobsworths, revenue and bluff! Gitts.
If I win I shall park anywhere I can get away with it for short periods as long as it's not a safety issue, tossers.
If I win I shall park anywhere I can get away with it for short periods as long as it's not a safety issue, tossers.
hornet said:Because (a) they're paid to isue tickets and (b) no-one explains the law to them, so (c) they are automatons - basically human forms of a 'scamera'. Vis, tickets on fire engines, hearses, buses, etc. - Streaky
[snip] they KNOW the ticket is unenforcible, hence overturning it, so why do their wardens (or whatever they're called now) KEEP ISSUING THE TICKETS? Surely issuing tickets for acknowledged unenforcible yellow lines is bordering on fraud, or maybe harrassment?
Outlaw said:
dont have a problem now as we got one park nealy anywhere blue bages.
Very handy, Last year i saw a traffic warden getting out of his private car to issue parking tickets, and he had one of those wheelchair stickers displayed!
I wish I had my camera with me, it would have been a great piccie for the local papers...
I remember seeing something like this on either Top Gear or Fifth Gear (Can't remember which)
Apparantly if you go to where the double yellows end, if there is not a solid yellow line ACCROSS the doule yellow, then for some reason, the double yellow becomes invalid.
This seems commonplace when the double yellows go into a sidestreet, and then the sidestreet has either been re-surfaced, or "tar-sprayed" and the lines not re-painted.
Worth a look at least!.... but definately take photos... I remember reading about a chap who tried to sue a local council for damage caused to his car from a water-filled pothole. When he took photos and measured the depth, it was 15cm deep!
He wrote to the council (without submitting photos), they refused to offer any compensation. Two days later, the chap went back to the road, and the same pothole had been hastily filled with a bit of old tarmac (still an uneven road surface, but nowhere near as bad)
When he submitted the photos (with time and date stamps on them) the council admitted liability and paid up!
Apparantly if you go to where the double yellows end, if there is not a solid yellow line ACCROSS the doule yellow, then for some reason, the double yellow becomes invalid.
This seems commonplace when the double yellows go into a sidestreet, and then the sidestreet has either been re-surfaced, or "tar-sprayed" and the lines not re-painted.
Worth a look at least!.... but definately take photos... I remember reading about a chap who tried to sue a local council for damage caused to his car from a water-filled pothole. When he took photos and measured the depth, it was 15cm deep!
He wrote to the council (without submitting photos), they refused to offer any compensation. Two days later, the chap went back to the road, and the same pothole had been hastily filled with a bit of old tarmac (still an uneven road surface, but nowhere near as bad)
When he submitted the photos (with time and date stamps on them) the council admitted liability and paid up!
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