New laws for yellow lines?

cheesy007

Got a parking ticket in my council estate car park, so off road "01 parked in a restricted street during prescribed hours". We have had no parking restrictions here for years, although there are double yellow lines. I challenged the ticket, as the lines were broken and we have no restrictions here. I included a letter from the same council asking residents to vote if we want parking controls or not. They rejected the appeal, completely ignoring the fact that there are no parking controls (the big sign warning motorists was removed a long time ago), more concentrating on the yellow lines. They stated that "double yellow lines are nationally recognised for having a no waiting ban in force; therefore a time plate is not required. You have stated in your appeal that the yellow lines are broken or part missing, the law says that the council's signs and lines should be substantively compliant with the traffic signs and general regulations directives but do not have to be 100% perfect". Does anyone know if this is true? I have successfully appealed two tickets for broken single lines on a street. Yet these are double yellow, but they are off the street. Have the rules changed or is it because the lines are double yellow?
Appreciate any advice

anoncol

Do you park on lines intentionally when they are broken?

Your post is quite hard to read. Try some paragraphs.

DUTR

Road markings

cheesy007

Sorry, my first post, started rambling. Where I parked used to be a parking space, but later on they put in the yellow lines. I did park there intentionally but my main questions were;
1. If the lines are broken, i.e. they have not been maintained for years, do they carry the same weight or are they classed as invalid, due to lack of maintenance by the authority?
2. The charge: "parked in a restricted street during prescribed hours"
Does the fact that it is not a 'street' but an estate car park make a difference, and also that we have no parking restrictions in the car park?

DUTR

cheesy007 wrote: »

Sorry, my first post, started rambling. Where I parked used to be a parking space, but later on they put in the yellow lines. I did park there intentionally but my main questions were;
1. If the lines are broken, i.e. they have not been maintained for years, do they carry the same weight or are they classed as invalid, due to lack of maintenance by the authority?
2. The charge: "parked in a restricted street during prescribed hours"
Does the fact that it is not a 'street' but an estate car park make a difference, and also that we have no parking restrictions in the car park?

1) I think yes, but you are entitled to challenge the charge.
2) Perhaps yes, as the estate can still be classed as a highway.

Coupon-mad

cheesy007 wrote: »

Sorry, my first post, started rambling. Where I parked used to be a parking space, but later on they put in the yellow lines. I did park there intentionally but my main questions were;
1. If the lines are broken, i.e. they have not been maintained for years, do they carry the same weight or are they classed as invalid, due to lack of maintenance by the authority?
2. The charge: "parked in a restricted street during prescribed hours"
Does the fact that it is not a 'street' but an estate car park make a difference, and also that we have no parking restrictions in the car park?

Neither of those points are worth pursuing in your appeal nowadays I am afraid. There is no 'new law' about double yellows but there was a judicial review (the Herron case) which decided that lines were acceptable as long as 'substantially compliant'. Google that term and 'Herron' and you'll find results explaining or mentioning that decision - and the term has already been relied upon by Councils at adjudication.

So unless the lines are so faded as to be practically invisible then they are OK according to current adjudications.

I would post a pic of all sides of all documents and letters, in a new topic on pepipoo and see if they can find some other grounds of appeal for you:

http://forums.pepipoo.com/index.php?showforum=30

HTH

cheesy007

Thanks for that. One of the lines does disappear in parts. One other thing that I did not mention was that when I got the letter of rejection it was not sent to me, just my address. My name was not on the letter. It probably means nothing, just wondering if it may be a 'technical error', or a way out of paying....