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Unfinished Double Yellow Lines

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  • #16
    Re: Unfinished Double Yellow Lines

    Yes, she has appealed the ticket and they refused. Now she's just waiting for the next stage.

    Is there any legal stuff she can say? Or do you know of any similar cases where the motorist has won?

    At the moment everyone can see its wrong, the situation is ridiculous but the council say they're right and haven't backed down.

    Both roads are still like it today, still no signs or bollards.
    P1ss on me if you like, but don't try and tell me it's rain!
    life is all the more precious when we remember it is a terminal state.

    If you need any help with addiction please feel free to PM or email me. I will help all I can
    Please don't drink and drive

    25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!

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    • #17
      Re: Unfinished Double Yellow Lines

      First off: check the Local Authority has made a Traffic Regulation Order for a Waiting Restriction.

      She could then try arguing that the lines, being broken do not comply with The Traffic Signs Regulations and General Directions 2016, schedule 7 part4 1
      (see here http://www.legislation.gov.uk/uksi/2.../7/part/4/made) where it can be seen the lines must be unbroken.

      Case law used to concentrate on Davies v Heatly 1971where it was held "no offence is committed if the sign is contravened, even if the sign is clearly recognisable to a reasonable man as a sign of that kind."(http://parkingnewsarchive.blogspot.c...h.html)However be aware that since then the Court of Appeal modified that principle to one of substantial compliance: (http://www.monckton.com/court-appeal...law-test-case/

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      • #18
        Re: Unfinished Double Yellow Lines

        Originally posted by littlesally View Post

        At the moment everyone can see its wrong, the situation is ridiculous but the council say they're right and haven't backed down.

        .
        Still need to see the exact wording of the councils rejection, rather than paraphrasing/interpretation

        Comment


        • #19
          Re: Unfinished Double Yellow Lines

          Kati I have just emailed you photos of the rejection letter and what the space looks like with no car there. Please would you post them on here?
          Thank you
          P1ss on me if you like, but don't try and tell me it's rain!
          life is all the more precious when we remember it is a terminal state.

          If you need any help with addiction please feel free to PM or email me. I will help all I can
          Please don't drink and drive

          25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!

          Comment


          • #20
            Re: Unfinished Double Yellow Lines

            got them xx
            Attached Files
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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            But please include a link to your thread so I know who you are.

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            • #21
              Re: Unfinished Double Yellow Lines

              I would say the council are right the lines that are newer but they are lines the same as the faded ones the signs may tell all

              Comment


              • #22
                Re: Unfinished Double Yellow Lines

                "substantial compliance"?...... you pays your money and you takes your choice.
                An independent viewer could go either way

                Comment


                • #23
                  Re: Unfinished Double Yellow Lines

                  Well there only seems to be a faded/non-existent single yellow line in the gap.

                  Is this the only gap in the re-painted sect ions inBrowning Ave?

                  You can argue that they do not comply with The Traffic Signs Regulations and General Directions and contrary to the councils opinion do not sufficiently convey the restriction and despite knowing the gap exists have not regularised that omission.

                  TBH I think you would need a sympathetic Adjudicator, so your friend needs to decide whether to play double or quits, ie pay the discount or risk the full penalty at adjudication

                  Comment


                  • #24
                    Re: Unfinished Double Yellow Lines

                    Originally posted by wales01man View Post
                    I would say the council are right the lines that are newer but they are lines the same as the faded ones the signs may tell all
                    The lines are not the same, they were single yellow, now double. There are no signs.
                    And no explanation as to why there is a deliberate gap.

                    Thank you Michael, I agree, it will be down to the person on the day unfortunately.
                    Was hoping someone else had been in the situation.

                    I will post the outcome on here, whenever that may be, so if anyone else has the same happen they will have something that may guide them.

                    Thank you for your support.
                    P1ss on me if you like, but don't try and tell me it's rain!
                    life is all the more precious when we remember it is a terminal state.

                    If you need any help with addiction please feel free to PM or email me. I will help all I can
                    Please don't drink and drive

                    25th Aug SAR request ~11th Sep 1/2 back ~ 23rd Oct all back ~ 29th Oct prelim request ~ 11th Nov LBA ~ 20th Nov "Don't Be Silly" letter ~ 25th Nov I won!

                    Comment


                    • #25
                      Re: Unfinished Double Yellow Lines

                      I believe that with no signs then they cannot enforce. The signs should give the times of the restriction. Have the end markings been correctly applied?

                      Comment

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