ASK THE EXPERT Q&A
Signs &
What is deemed as ‘reasonable condition’ of a single or double yellow line for it to be enforceable? And are there any law cases where a decision was made in court based on the condition of the lines, whether in favour of the challenger or the local authority?
Q A
In cases where the appellant has cited the condition of a parking restriction as the reason for their
appeal, the fi nal decision is always down to the adjudicator’s discretion. Legislation states that lines ‘shall be of the size, colour, and type shown on [the] diagram’ but does not
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Inadequate condition of road markings (PL 1477)
Alpha Parking answers your technical questions LINES
mention condition. There are a number of cases where the appeal has been dismissed or allowed based on the condition of the line including:
Indistinct – but adequate – yellow lines (OX 828)
The appellant, issued with a PCN for parking in a restricted area, appealed on the ground that the yellow lines were not at all distinct. The adjudicator found that, although the yellow lines were worn and no longer bright and fresh, they were nonetheless adequate to inform the motorist of the restriction. The appeal was dismissed.
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The appellant parked on a worn double yellow line, mistaking it for an unrestricted single yellow line, and was issued with a PCN. He had been assisted in his misapprehension by the fact that the time plate referring to the double yellow-line restriction was obscured by foliage so that he did not see it. The adjudicator found that the road markings were not in adequate condition. The appeal was allowed. (Information above gathered from Traffi c Penalty Tribunal website.)
The expert: Since 2004, Alpha Parking has established itself as a consultancy company specialising solely in parking.
Alpha provides a full range of services in parking and enforcement – training, consultancy, surveys, traffi c counts, CPZ design, mystery shopping; designing car park layouts and a full Traffi c Order and ParkMap service.
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www.britishparking.co.uk AUGUST 2012 23
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