Mr Mustard made a challenge.
In order to issue a PCN a motorist must have been alerted to the presence of a restriction by, in this case, adequate bay markings.
In this case they are eroded way beyond the point of substantial compliance as the CEO's own photograph makes plain.
The CEO should never have issued a PCN, their first duty is to check the state of signs and lines and report any that require attention.
Please cancel the PCN.
Needless to say, despite the obviously sub-standard lines the informal challenge was rejected (Mr Mustard will take this as far as the tribunal where he expects an independent adjudicator will take one look and cancel the PCN).
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Clear lines, not ! |
The legal test is substantial compliance, viz:
In the very first tribunal hearing which Mr Mustard attended an experienced adjudicator, a lawyer, said that could be equated to 'If it looks, walks and quacks like a duck, it is probably a duck.'
The dregs of the original bay lines are far from substantially compliant. No reasonable (& impartial) person could conclude otherwise. The council only do so because they want £130. They are going to have to fight Mr Mustard very hard for it.
Mr Mustard looked back through some of his previous tribunal case hearings (785 of them since 2017) and found the below line which was more clear than this one is and was still found to be wanting.
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Note the perfect yellow line in the background |
This is what the adjudicator had to say.
The end, for now.
Curious about this one - in the first picture it looks like they are parked directly in front of a parking restriction sign in an area...
ReplyDeleteThe car is not alongside the sign otherwise I would not fight the PCN. The point of lines is to alert you to the possibility of signs. If there was a sign alone without end of bay lines, or an obvious change in road surface the motorist is in doubt as to the situation. What you can't see in the second photo is the single yellow which exists, in the traffic order, in part of the shot.
ReplyDelete