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I received a Fixed Penalty Notice yesterday for parking my…

I received a Fixed Penalty...
I received a Fixed Penalty Notice yesterday for parking my minibus on a single yellow line. Some weeks prior to this I was speaking to the same PCSO who issued this ticket who told me then that a ticket on this stretch of road is unenforcable because the line is patchy and incomplete. Would I have any grounds in this case to challenge this ticket and refuse to pay the fine. Thankyou in anticipation.
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6/29/2010
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,525
Experience: Over 5 years in practice.
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Have you check the lines on this part of the highway?
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Customer reply replied 8 years ago
The yellow line has a T bar at each end but is worn away and damaged in parts. It is backed up by little signs above the pavement.

Is this a police issue fine then?

 

Normally they are issued by the council.

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Customer reply replied 8 years ago
It is issued by PCSO working for North Yorkshire Police, so yes it is a police issue.

 

It is a ground of challenge that the lines are worn.

 

If the emanations of the state want to punish you for the manner of your parking they need to bring any prohibitions to your attention clearly. Often it is won before the Adjudicator.

 

The only risk in this instance is that this could go to Magistrates who are not very respected and very prosecution minded. Also there is the risk of costs if you lose. If it were the local council I would tell you to appeal. With police issue fines you have to be more careful.

 

That said, they may forget to send it to court. They regularly do that. They only have six months from the date of the offence.

Jo C.
Jo C., Barrister
Category: UK Law
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Customer reply replied 8 years ago
Have just had another look at the yellow line and discovered that it ends prematurely before the junction with another road and is about 6 or 8 feet short. Also the T bar at the end does not now exist. Does this make any significant difference?

Oh yes. These are non complaint lines and there is an appeal arising from that which you may well win.

 

I was just making you aware of the risks. Magistrates do regularly get things wrong.

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