Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: Rgkiller01 on April 09, 2025, 02:53:56 pm
-
OP, the plain fact is that the council, ever greedy for your money will refuse whatever representations you present on the state of the double-yellow lines. They refuse all reps because they know that in doing so, most people, (like >95%) just cough-up. However, you have the absolute right in law, assuming you are the owner of the vehicle, if they refuse your reps, to take them to the adjudicators at London Tribunals for an unbiased decision on the adequacy of those DYLs you parked by. If you do, the full PCN penalty is payable if you lose.
The problem you have is that whilst the lines are in poor condition, it has been established at adjudications many years ago that provided yellow lines convey the restriction to a motorist, then they are adequate; perfection is not required.
-
So to conclude it doesn't matter whether there were breaks in the double line,
In short, correct.
Could one not argue that the CPZ doesn't follow the official legal design rules. Surely to make this zone enforceable there mist be a a proper sign (set out under section 65 of the road traffic regulation act 1984).
Or am i reaching based on this technicality
You are and this applies:
https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made
Item 1, Part 4 Sign Table.
And s64(1) includes 'lines' and 'markings' specified under the above regs.
-
What do you guys suggest the basis of my appeal be on then?
-
Your own circumstances don't involve a CPZ. Fundamentally, were the double yellows sufficiently well marked that you can tell they are double yellows? The photos suggest to me the answer is yes, albeit photos sometimes come out stronger than the situation in real life.
-
Could one not argue that the CPZ doesn't follow the official legal design rules. Surely to make this zone enforceable there mist be a a proper sign (set out under section 65 of the road traffic regulation act 1984).
Or am i reaching based on this technicality
I understand that substantial compliance as a concept means a rule or law has been followed closely enough—even if not perfectly—so that its main purpose has still been fulfilled.
But since the lines are so broken and deformed could one argue that it's difficult to percieve where the lines start from ?
-
Paragraph 17 states no matter the "number of such features or defects in places within the CPZ... they should be considered trivialities which could not mislead a driver to parked on a clearly marked restriction".
So to conclude it doesn't matter whether there were breaks in the double line, and so one is liable to pay this penalty?
-
As I understand it, this is the current position as regards 'substantial compliance':
https://www.londontribunals.gov.uk/sites/default/files/keycases/Herron%20and%20Parking%20Appeals%20Ltd%20v%20The%20Parking%20Adjudicator%20%28May%202010%29pdf.pdf
You posted: I parked my car on the double yellow because I had thought that a broken or significantly faded double yellow line is unenforceable.
Which is an admission, here at least, that you knew it was a DYL.
I think the cited case above will answer your query.
-
Hey I apologise for not including the image of the ticket. I've attached the ticket below as well as the images of the car which the enforcement officer took
[attachment deleted by admin]
-
Post the PCN with no redactions.
-
Hello everyone, this is my first time stumbling on this website so please pardon me if I have incorrectly violated the rules or regulations of this website.
I had recently got a double yellow line Parking ticket place on my car on the 8th April at 12:37pm from a ticket inspector. I parked my car on the double yellow because I had thought that a broken or significantly faded double yellow line is unenforceable.
I’d like to add that I’m not someone who parks on double yellows. I’m someone who always sticks to the rules of the road, however on my street there are too many cars parked from local dealerships which unfortunately led me to make this drastic decision. Usually I park two or three roads away but I felt very tired coming from work so I made a risky decision and parked there.
I have attached a picture of the spot where I parked my car, and as you’ll be able to see, the DYL (double yellow lines) are very broken and at some places absent. The spot where I parked is within the highlighted green area
Please let me know if there’s anything I can say to appeal this ticket because if not, I’ll have to pay £80 within 14 days of the ticket or £160 within 28 days.
Kindest regards
Rg
[attachment deleted by admin]