Parking on Broken yellow lines/ wrong ticket issued

[Planner1]

Happy to learn.

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

All unpaid parking fines are registered with Traffic Enforcement Centre (TEC) which is the County Court at Northampton, who essentially act as a national clearing house for civil enforcement penalties. The Council will register the debt and apply for a warrant. There is no hearing as such. Once the order for recovery is granted and the keeper is notified, they can, if they believe they have grounds, make a witness statement, which the court may consider.

 

If that fails, they can make an N244 application, which requests the judgement to be set aside. There is a cost involved in this.

 

---------- Post added 27-09-2015 at 17:22 ----------

 

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.

It often comes down to an adjudicator's view on what is "fair" and reasonable. It isn't always consistent. They tend to err on the side of the motorist, but there are cases where worn or incomplete lines are cited by the motorist, but the adjudicator may say that a reasonable driver should have known that a restriction was in place if the line is somewhat worn or there are odd bits missing, but it can be clearly seen that there is a line in place if the driver takes the trouble to look.

 

If there is something essential missing, like for example the accompanying regulatory sign (if one is needed) or the end bar, the motorist would probably win.

 

---------- Post added 27-09-2015 at 17:26 ----------

 

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

The fact that a line may be worn does not make it unenforceable. If you can see that there is a line in place, it's probably best to treat it as being enforceable.

 

The civil enforcement officers tend not to issue PCN's on a line they know is not enforceable.

[Mighty Clean]

All unpaid parking fines are registered with Traffic Enforcement Centre (TEC) which is the County Court at Northampton, who essentially act as a national clearing house for civil enforcement penalties. The Council will register the debt and apply for a warrant. There is no hearing as such. Once the order for recovery is granted and the keeper is notified, they can, if they believe they have grounds, make a witness statement, which the court may consider.

 

If that fails, they can make an N244 application, which requests the judgement to be set aside. There is a cost involved in this.

 

---------- Post added 27-09-2015 at 17:22 ----------

 

It often comes down to an adjudicator's view on what is "fair" and reasonable. It isn't always consistent. They tend to err on the side of the motorist, but there are cases where worn or incomplete lines are cited by the motorist, but the adjudicator may say that a reasonable driver should have known that a restriction was in place if the line is somewhat worn or there are odd bits missing, but it can be clearly seen that there is a line in place if the driver takes the trouble to look.

 

If there is something essential missing, like for example the accompanying regulatory sign (if one is needed) or the end bar, the motorist would probably win.

 

---------- Post added 27-09-2015 at 17:26 ----------

 

The fact that a line may be worn does not make it unenforceable. If you can see that there is a line in place, it's probably best to treat it as being enforceable.

 

The civil enforcement officers tend not to issue PCN's on a line they know is not enforceable.

 

 

Dispose all this can everyone come back down to the full story please on the fact the ticket reads that was issued parked in a time restricted zone....which I clearly wasn't...and focus on the law here please people as I'm learning nothing new about the yellow lines apart from the website listed for the forum at this point. Has anyone had a similar case of a wrongly issued ticket?

[Cyclone]

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

 

Why do you keep quoting me and replying to other posts?

[Mighty Clean]

Sorry new to this forum :/ didn't realise

[peak4]

Sorry new to this forum :/ didn't realise

 

Mighty Clean, if you are new to this forum, you might not realise that some folks who post here and claim to understand the law may be slightly mistaken in their views.

 

I do accept that there are some valid points raised on this thread, but by no means all of them.

 

I really would suggest that you re-visit post 16 on this thread.

The folks over there (at least those with a with a high posting count) actually do understand what they are talking about.

Look out for hcandersen, Mr Mustard, DancingDad, and Incandescent amongst others.

Edited September 27, 2015 by peak4

[Planner1]

Dispose all this can everyone come back down to the full story please on the fact the ticket reads that was issued parked in a time restricted zone....which I clearly wasn't...and focus on the law here please people as I'm learning nothing new about the yellow lines apart from the website listed for the forum at this point. Has anyone had a similar case of a wrongly issued ticket?

Your problem is that you have now gone past the time within which you can appeal via the regulated appeals process. If you thought the ticket was incorrectly issued why didn't you go through the full three stage appeals process?

 

As things stand, you now have no avenue to contest whether or not the penalty was correctly issued. At this stage, any remaining avenue of appeal depends on whether the council issued the correct paperwork to you and from what you say, it appears they have.

 

You would do well to take the advice which has been given by peak4 and seek advice on that Forum. Or, you could pay. If you continue to do nothing, you can expect to be hearing from bailiffs, the costs will increase greatly and they can take your goods to cover the debt.

[Alcoblog]

Your problem is that you have now gone past the time within which you can appeal via the regulated appeals process. If you thought the ticket was incorrectly issued why didn't you go through the full three stage appeals process?

 

As things stand, you now have no avenue to contest whether or not the penalty was correctly issued. At this stage, any remaining avenue of appeal depends on whether the council issued the correct paperwork to you and from what you say, it appears they have.

 

You would do well to take the advice which has been given by peak4 and seek advice on that Forum. Or, you could pay. If you continue to do nothing, you can expect to be hearing from bailiffs, the costs will increase greatly and they can take your goods to cover the debt.

 

Isn't it a sad indictment of the world we live in, that just because someone inadvertantly parked incorrectly at the side of the road that we're now talking about baliffs, appeals, 'correct paperwork', costs, N244 applications, paperwork this, regulations regarding width, colour and termination, paperwork this, paperwork that, blah, blah, jobsworth, more paperwork, yada, yada, blah, blah.

 

'Experts' coming out of the woodwork to give sage advice, over what? … a yellow line.

I'm so glad I don't have the expertise to offer advice one way or the other, as it'd indicate that I clearly have to get a life.

 

Money, money, money, nastiness, nastiness.

What's wrong with people?

[Hots on]

Your problem is that you have now gone past the time within which you can appeal via the regulated appeals process. If you thought the ticket was incorrectly issued why didn't you go through the full three stage appeals process?

 

As things stand, you now have no avenue to contest whether or not the penalty was correctly issued. At this stage, any remaining avenue of appeal depends on whether the council issued the correct paperwork to you and from what you say, it appears they have.

 

You would do well to take the advice which has been given by peak4 and seek advice on that Forum. Or, you could pay. If you continue to do nothing, you can expect to be hearing from bailiffs, the costs will increase greatly and they can take your goods to cover the debt.

 

And all this for the victimless crime of parking on a double yellow line.

[Alcoblog]

And all this for the victimless crime of parking on a double yellow line.

 

… ooh yeah … 'three stage appeals process'! (yellow painted line) Jobsworths!

[GrahamY]

I'm going to turn to drink.