Parking Ticket - Break in yellow line

Stevietones

Hello!

Some of you may disagree, some of you may agree - but I'd like to actually know the legality of tickets I've been receiving.

Let me explain...

I work in Leeds and there use to be a car park that was relatively cheap to park for the day, it's now half the size, and is always full..

Anyway, sometime last year, I started parking on the street which the council own (and it's pretty expensive) - Once, whilst trying to find a parking space a Parking attendant or whatever they're called nowadays, pointed out a massive gap in a yellow line.

He said "Park there, we can't ticket you for it - there's no yellow line, and there's no parking bay".. This was actually a pleasant surprise as I, and probably many of you see Parking Attendants as some sort of vultures..

Anyway, I parked there for some time and never got a ticket... One day last year, I got a ticket for parking in this place. The reason being "Parking on a restricted street during prescribed hours".

I quickly challenged the ticket and was successful with the appeal.

Now this is the part where you'll probably all disagree with me.. I continued to park there, I thought "If there's no signage telling me otherwise, or lines then it must be legal".

Again, I was fine for a few weeks before another ticket was placed on my windscreen.. However I wasn't successful appealing it...

After this ticket, I started parking elsewhere which was burning a hole in my pocket! If I can save over £130 a month in parking costs, then I will... I think anyone would!

Anyway, I was convinced into continuing to park there, friends around me were like "The council won't take you to court, it costs too much and as long as you're taking pictures when you get a ticket - you have evidence..".

I won't go on too much, as I'm sure you're getting bored of reading!

Basically, I have a few outstanding tickets which the council are refusing to cancel. This isn't really my worry, my worry is what an Independant Parking Tribunal will see it as?

Please see the picture of my car below...

EDIT: As I'm a new user, I'm not allowed to post links

Please see below...
tinypic.com/r/vukbc/6

(I moved the car slightly to make it clearly visible there was no yellow line)

What do you all think?

Regards,

Stephen

Lum

Here's the OP's pic



Difficult to really say anything when you can't see the rest of the street in the picture, but if I were in charge I'd give you a ticket for parking 2 feet away from the curb!

Stevietones

Haha, I moved it out a little so I could take the picture.

Also, I've just realised that I've not posted this thread in the Parking tickets section. How can I move it?

Cheers,

Stephen

TrickyWicky

Years ago that was right - you'd not be done by the council or at appeal however in recent years (what with the financial crisis etc) the councils and adjudicators have been taking a harsher line of approach. This is basically the "You've been told once now you're taking the pee" mentality.

Technically yes you are right, they are wrong and years ago it was a waste of time for us to bother issuing you a PCN on a broken line however these days its become harder for the motorist to get off a PCN for this. Personally I wouldn't of bothered booking you but there are a lot out there who would (as you've found out). Unfortunately most parking departments will still pursue this ticket on the grounds of "you issued a pcn so they must be wrong morally and we'll chase it even if we loose".

In your appeal I would state something like the council has been made aware of this issue and had plenty of time to fix it however have opted not to and therefore have chosen to entrap the motorist unlawfully. Basically you've got to turn the tables on the council and put them in the wrong for continuing to let you do it rather than fighting whether or not you are in the wrong.

Stevietones

To anyone viewing this thread and worried you can't make a lot out...

I'll provide some better pictures later on, including:

- The size of the gap without my car in it
- Any street signage

I keep appealing these tickets, but there's a certain woman. Goes by the name of Amanda James - she just blanks everything you say... And says they have evidence I was parked on a line!

It really infuriates me because I know she's lying, I honestly think she just likes being difficult.

I have certain opinions of parking charges, and whether they're fair... I won't go too far into it as I don't want to distract away from the real issue here, but personally I think:

- FREE parking if you live in the vicinity (100m circumference?)
- Discounted parking if you're commuting to a place of work
- Full prices if you're just visiting.

Opinions?

boyse7en

Good luck with your appeal, but you can clearly see bits of the yellow line left where it hasn't worn away from the cobbles.

- FREE parking if you live in the vicinity (100m circumference?)
- Discounted parking if you're commuting to a place of work
- Full prices if you're just visiting.

How's that work then? If I visit my sick mother to help her out of bed every morning I have to pay full rate, while you earning £150,000 per year can park your Bentley outside her house at a discount. Doesn't seem very fair to me.

Lum

^^ As a visitor, your mother could get you a residents parking permit for your car.

Stevietones wrote: »

- FREE parking if you live in the vicinity (100m circumference?)
- Discounted parking if you're commuting to a place of work
- Full prices if you're just visiting.

The second is never going to happen. They want everyone to use public transport these days.

You should be using public transport even if the last bus is at 5:10PM* and you sometimes have to work unpaid overtime. A concept that is alien to the people who come up with these schemes.

*This is the actual time of the last bus from the business park I work on.

AlexisV

The onus is on the council to make any restrictions clear. They cannot fail to paint lines and inform people of the restrictions they intend to be there without doing anything about it.

If it is clear there is meant to be a line, but there are small patches of new tarmac for example, the restriction would be deemed clear.

In this case, the tiny amount of yellow splurge is mere graffiti.

Assuming there is a reasonable length of area without any marking, I would continue to park there. Take the case to adjudication - there is either a line, or there isn't. The council's 'intention' is not sufficient.

Rather than appealing, I would look at just making a single representation after you receive the Notice to Owner. With any luck, they'll decline it and you can go to adjudication and apply for costs.

dacouch

Stevietones wrote: »

I keep appealing these tickets, but there's a certain woman. Goes by the name of Amanda James - she just blanks everything you say... And says they have evidence I was parked on a line!

It really infuriates me because I know she's lying, I honestly think she just likes being difficult.

Maybe the parking wardens are taking their pictures of your car from an angle that makes it look like there is no break in the line eg from an angle off the front off side of your car