Author Topic: Code 01 parked in a restricted street during prescribed hours - faded double yellows  (Read 72 times)

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Lau1234

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Hi everyone

I'm just after some advice please. I received a pcn a couple of days ago. I parked in Greenock Street, Liverpool, there are faded/worn double yellow lines on a small section of the road, this is where I parked. I work in the area and have parked there before with no issues, I've also seen other people parked in the same spot many times (I know that's not a defence, just giving some context) pics below.


Link to pcn:
https://www.dropbox.com/scl/fi/dd7ntaqzh4nxkxpchvunq/20231118_103944.jpg?rlkey=8zchnvfebkdlk5baxd2u03saa&dl=0


Google street view:
11 Greenock St
https://maps.app.goo.gl/MuAPrP4cvGLKUcqY7


Pcn evidence pics:


https://www.dropbox.com/scl/fi/gdjgj6vpww28ukwfu6ena/Screenshot_20231118_111427_Chrome.jpg?rlkey=wl3qmjjjmlrbx0ic3jw1my7pw&dl=0

https://www.dropbox.com/scl/fi/j1l818qjxtihb2nr4541e/Screenshot_20231118_111440_Chrome.jpg?rlkey=cn6javfoeeclxzvu9d1z7ql2k&dl=0


The evidence pics show that the double yellow lines are very clear half way up the street, they are then broken by a small section of pavement, after this they are faded/worn away.


Am I bang to rights here? Or would there be any grounds to appeal based on the faded lines? Any advice would be greatly appreciated.

Thanks
Laura

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Incandescent

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I think they're having a laugh, at your expense.  HOwever, don't expect them to roll over like spaniels and cancel the PCN; this is a money-making game for them, so any informal reps will be rejected thus forcing you decide whether to cough-up or take the double-or-quits gamble of waiting for the Notice to Owner.

cp8759

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They're having a laugh:











Nice and simple:

Dear Liverpool City Council,

The alleged contravention did not occur. While I accept road markings do not need to be kept in pristine condition, the road markings on this occasion have all but vanished and give the impression of a restriction that is no longer in force.

As the council has defaulted on its duties under regulation 18(1)(b) of The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996, the contravention did not occur and the penalty charge must be cancelled.

Yours faithfully,

Send it online and keep a screenshot of the confirmation screen.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Lau1234

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Thank you so much for the replies and advice, I have sent the challenge today.


Incandescent

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Well, one can neer predict the rulings of adjudicators, but these lines are in a completely laughable state, sufficiently worn out such that any normal person would there is no restriction there any more. It is an insult, frankly, for them to claim they are sufficiently clear.

Of course, as always, to get an unbiased decision, you have to stand your ground and take them to the adjudicators.  You're only at the informal reps stage at the moment, and councils ruthlessly game the system by refusing 99% of them, knowing most people then cough-up, not wanting to risk the extra dosh. If you want to fight them, you now have to wait for the Notice to Owner and submit reps again, this time formal. At his stage they may fold because at NtO stage the discount has gone, so they know you are serious about the matter.

It's really all about your attitude to risking money. If you've got investments you're already risking money !