Double Yellow Lines

danthecoach

I wonder if anyone can help me.

I'd just like to know if i'd have any standing appealing against a parking ticket I have received.

I live on a dual carriageway and have no dedicated parking to my house. So lately I have been parking infront of my house. Mounting the curb (double yellows) and parking on a grass verge right infront of my house. There are no signs or anything saying I can't park here at whatever time.

The ticket is controvention 1 "Parked in a restricted street during prescribed hours"

I probably have no right to park there, but there isn't anywhere else to park!!

TheBogsDollocks

A double yellow line restriction extends from the centre of the carriageway to the public highway boundary. Pavements and verges are normally considered public highway as people have the right to pass and re-pass over them. So they can correctly issue a PCN for code 01 if double yellow lines are adjacent to where you parked.

However, this does not mean there is nothing you can appeal on. It is quite possible the Traffic Regulation Order (TRO) governing those yellow lines is faulty or the PCN (I'll assume it's a PCN) is incorrectly worded or the CEO made errors in their log book.

If you are able upload photos of both sides of the complete PCN and location. You also need to request a copy of the CEO's log book, photos and obtain a copy of the relevant and full TRO from the parking dept.

Chippy_Minton_2

The road runs from building line to building line. ie the edge of your property and the one opposite.

danthecoach

I have taken photographs of the double yellow lines, and they really are in disaray, totally broken in places. Do I have rights to appeal? I have photographs on my computer, but i can't upload them on here to show!

Gordon861

Make a www.photobucket.com account, upload them there and link to them.

Hooka74

Putting ex Traffic Warden head on;

I believe Parking on double yellows is different from what they have ticketed you on. That ticket should say something along the lines of 'waiting where prohibited' Parking in a restricted street at prescribed hours' normally means you were parked on single yellows e.g. between 0800 to 1800 (Single yellows can be parked on outside of these times/ Should be sign posted also).

If it can be seen that there were double yellow lines but have been broken up by road works or general wear and tear they still stand.

Check if the yellow lines have a 'T' Bar at BOTH ends of the lines. They MUST have them. If not or they are continuous i.e. go all the way around a block and join at the other end, they are invalid. Unfortunately they don't have to have the signs all along the markings any more.

Finally ask for a copy of the local order from the council to confirm that this road is actually on it. You'd be surprised how often its not on there.

Neil_B

Hooka74 wrote: »

Putting ex Traffic Warden head on;

No disrespect intended at all Hooka cos I'm not one of those that has a problem with the profession. However things have clearly changed considerably since your day - ? I assume you were enforcing using RTRA 1984 - either for Council or Police?

Hooka74 wrote: »

I believe Parking on double yellows is different from what they have ticketed you on. That ticket should say something along the lines of 'waiting where prohibited' Parking in a restricted street at prescribed hours' normally means you were parked on single yellows e.g. between 0800 to 1800

Nope, that's the correct description. Accepted wording from the contravention list drawn up by 'London Councils' and now used nationwide where enforcement is decriminalised.

Hooka74 wrote: »

If it can be seen that there were double yellow lines but have been broken up by road works or general wear and tear they still stand.

ooooo - no. Can be a very valid reason for appeal. Depends on how bad of course and would need pics.

Hooka74 wrote: »

Check if the yellow lines have a 'T' Bar at BOTH ends of the lines. They MUST have them. If not or they are continuous i.e. go all the way around a block and join at the other end, they are invalid.

Erm, nope. Many cases where the Council use the familiar legal principal of 'De Minimis'.

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Agree TRO may be worth a pop.