Parking
Author
Discussion

AB

Original Poster:

18,530 posts

211 months

Tuesday 22nd February 2011
quotequote all
A comment I noticed earlier on a thread prompted this post. This is right outside my office door in the middle of town, ideal spot for me to park - and free. But is it legal? I'm not talking morally right, but is it legal?

I wouldn't actually park here, and I have no doubts that if I did I'd get a ticket, but could it then be legally contested? I also presume they'd paint it soon after.



FraserLFA

5,083 posts

190 months

Tuesday 22nd February 2011
quotequote all
Would you fit?

It looks pretty small.

And it's in front of a dropped kerb.

AB

Original Poster:

18,530 posts

211 months

Tuesday 22nd February 2011
quotequote all
Not sure but with the line being broken... is that not technically allowing parking on all of it? It's all technicalities and taking the piss, but just made me wonder.

It's not a dropped kerb, more like it's just damaged - it's alongside an office building.

iva cosworth

44,044 posts

179 months

Tuesday 22nd February 2011
quotequote all
Find someone with a Smart and make sure it fits on the non yellow bit cop

Gruber

6,313 posts

230 months

Tuesday 22nd February 2011
quotequote all
Regardless of the technicalities, you'd fail the all-important "taking the piss" test.

Any legal scholar will confirm that TTP (or some latin variation of it) is the basis of almost all public and administrative law in this country, including most highway regulation.

Not worth the aggro and risk of parking fines, failed appeals, etc etc if you ask me.

Dwight VanDriver

6,583 posts

260 months

Tuesday 22nd February 2011
quotequote all
Whilst the law requires that a restriction be properly signed in accordance with Traffic Signs and General Directions 2002 (Diagram 1018 - a CONTINUOUS line)it would seem that the Adjudicators are applying the 'de mininimus' rule - small departures acceptable if it does not not detract from the meaning.
Nevertheless worth an appeal back to the LA issung a ticket to see if they would wear the defect.
Nothing ventured nothing gained.
..and its free.
Dvd

Broken

224 posts

177 months

Tuesday 22nd February 2011
quotequote all
I was told by a traffic warden a few years ago that if parking restriction lines are broken then they are unenforceable. This may have changed since then though.

mojitomax

1,874 posts

208 months

Tuesday 22nd February 2011
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about 5 years ago in loughborough there is a street behind work that has yellow lines that are meant to be painted along the entire stretch of road but you can clearly see that on the day of painting there were a few cars parked and the line has a broken stretch of about 4 car lengths. i was given a ticket when i had parked on the non painted part of the road so i sent off a letter with pictures showing that there were no lines under my car.

the ticket was dismissed and i all was well. not sure if that would work here as it's just a small space and clearly taking the piss.

anonymous-user

70 months

Tuesday 22nd February 2011
quotequote all
The existence of the TTP rule (which I can warrant does exist in real life) is testament to the fact that the common law, contrary to commonly help opinion, is based on common sense (and, yes, common law principles inform the interpretation of legislation too).