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Standing water obscuring yellow lines

Avoriaz
Avoriaz Posts: 39,110 Forumite
edited 29 October 2013 at 6:00PM in Parking tickets, fines & parking
This is a theoretical question.

What law or rule covers standing water obscuring yellow lines?

Westgate in Chichester has a section with traffic calming barriers that protrude from alternate sides of the road.

Some sections between the barriers have single yellows where parking is not allowed from 9:00 to 6:00 and some have no lines with no parking restrictions.

I was looking for a parking space today and there was a section free of parked cars. However a blocked drain meant that there was standing water from the recent rain obscuring the side of the road where yellow lines might or might not be present.

It was a nice bright sunny day so, rather than stop to investigate more closely, I drove on for a few hundred yards and parked where I know there are no yellow lines and walked back.

When I passed that section of standing water, it was impossible to see if there were yellow lines below the water as there was a lot of leaf litter and general dirt, plus cloudy water quite a few inches deep obscuring the view. All the other yellow lines on that road are very old, faded and dirty anyway and don't stand out clearly even when not covered with water.

Because the water filled an entire section between the barriers, it really wasn't possible to know if there were yellow lines there or not.

I realise as I write this that I forgot to check if there was a pole with a notice on it on the pavement.

What might have happened had I or someone else parked there and it transpired that there are yellow lines there and we received parking tickets?

Comments

  • Stroma
    Stroma Posts: 7,971 Forumite
    Uniform Washer
    I am not familiar with the area, is this a public road or private?

    Thanks
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • nigelbb
    nigelbb Posts: 3,816 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the DYLs really cannot be seen then you should not be ticketed. The same applies if the DYLs were obscured by snow or leaves e.g.

    http://www.dailymail.co.uk/news/article-2189419/Grandfather-70--caught-traffic-wardens-scraping-snow-double-yellow-lines-slap-parking-tickets-cars.html
  • Coupon-mad
    Coupon-mad Posts: 150,170 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    it was impossible to see if there were yellow lines below the water as there
    was a lot of leaf litter and general dirt, plus cloudy water quite a few inches
    deep obscuring the view.

    Your description would certainly have been a point of appeal if getting a PCN. Trouble is, most Councils decline early challenges and make the person pay up at the discount (NO!!) or go to formal appeal and then adjudication (which you would win if you could show that the CEO's photos and evidence didn't show the DYL as visible).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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