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Parking on Broken yellow lines/ wrong ticket issued


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Hi, have you had first hand experience of this ?

 

It's how the law works. Bailiffs can't be appointed until a court has made an order against you and you've defaulted on it.

 

---------- Post added 27-09-2015 at 10:47 ----------

 

To OP, you knew or had a good idea that it was a yellow line unless that was the first time you had ever parked there and it sounds like you were on a mission from the comment about maintaining the roads. If you think a yellow line needed repainting you should have rung Amey. Likelihood is you thought you'd chance it even though you knew so your best bet is to hold your hands up. pay up and put it down to experience. You won't win and it will cost you more in the end

 

Of course he'll win. If the yellow line was badly degraded then it can't be enforced.

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It's how the law works. Bailiffs can't be appointed until a court has made an order against you and you've defaulted on it.

You need to read up on the process of enforcing unpaid parking fines. Your previous post implied that a judge would consider the evidence of the contravention before allowing enforcement to commence. That is not how it works.

 

The OP has had the opportunity to make an appeal to the independent traffic penalty tribunal, but they didn't. Basically that means that the appeal process is ended and they have to pay. Their only remaining avenue of appeal is to make a witness statement to the court once the order for recovery is granted. There are very limited grounds for doing this. Not having received the Notice to Owner is the main ground that could be used, but in this case the OP has received the NTO.

 

The best advice which has been given on this thread is to post the PCN details on the Pepipoo Forum and get advice from the experts on there. Ignoring the penalty is not recommended as it will be enforced by bailiffs.

 

---------- Post added 27-09-2015 at 15:27 ----------

 

 

Of course he'll win. If the yellow line was badly degraded then it can't be enforced.

Not always the case. In an appeal ( to the Council's appeals team or the independent Traffic Penalty Tribunal ) the consideration would be whether a reasonable driver could conclude that there was a restriction in place. That allows for normal wear and tear and the fact that there might be the odd patch of line missing, so long as there is enough of it remaining for a reasonable person to see that there is a restriction.

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Not always the case. In an appeal ( to the Council's appeals team or the independent Traffic Penalty Tribunal ) the consideration would be whether a reasonable driver could conclude that there was a restriction in place. That allows for normal wear and tear and the fact that there might be the odd patch of line missing, so long as there is enough of it remaining for a reasonable person to see that there is a restriction.

 

Yes and unless the OP has never parked there before it's unlikely he wasn't aware of the restriction but thought he'd chance it once too often

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It's how the law works. Bailiffs can't be appointed until a court has made an order against you and you've defaulted on it.

 

---------- Post added 27-09-2015 at 10:47 ----------

 

 

Of course he'll win. If the yellow line was badly degraded then it can't be enforced.

 

Actually no it was a area new to myself as working on a property so no mission intended it is simply a common sense approach statement of fact.

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You quoted the wrong post by the look of it.

 

---------- Post added 27-09-2015 at 16:45 ----------

 

You need to read up on the process of enforcing unpaid parking fines. Your previous post implied that a judge would consider the evidence of the contravention before allowing enforcement to commence. That is not how it works.

 

The OP has had the opportunity to make an appeal to the independent traffic penalty tribunal, but they didn't. Basically that means that the appeal process is ended and they have to pay. Their only remaining avenue of appeal is to make a witness statement to the court once the order for recovery is granted. There are very limited grounds for doing this. Not having received the Notice to Owner is the main ground that could be used, but in this case the OP has received the NTO.

 

The best advice which has been given on this thread is to post the PCN details on the Pepipoo Forum and get advice from the experts on there. Ignoring the penalty is not recommended as it will be enforced by bailiffs.

Happy to learn.

But are you saying that it will be enforced by bailiffs without first going to court for a hearing?

Not always the case. In an appeal ( to the Council's appeals team or the independent Traffic Penalty Tribunal ) the consideration would be whether a reasonable driver could conclude that there was a restriction in place. That allows for normal wear and tear and the fact that there might be the odd patch of line missing, so long as there is enough of it remaining for a reasonable person to see that there is a restriction.

 

Is that right, I thought the law was quite clear that the line had to be continuous and to meet the applicable regulations regarding width, colour and termination.

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You quoted the wrong post by the look of it.

 

---------- Post added 27-09-2015 at 16:45 ----------

 

Happy to learn.

But are you saying that it will be enforced by bailiffs without first going to court for a hearing?

 

 

Is that right, I thought the law was quite clear that the line had to be continuous and to meet the applicable regulations regarding width, colour and termination.

 

 

Trust me There was no reasonable council or contractor work that had recently or otherwise been carried out it is simply a pre BC yellow line that is as worn as a lady of the nights knicker elastic

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