The Motorists' Guide to Appealing Parking, Bus Lane, Yellow Box Junction and Moving Traffic Tickets

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Parking Tickets
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The information below sets out in simple terms the legal requirements for signs and roadmarkings for parking and loading.

 

Click here to see if the information on your parking ticket complies with the law.

 

All signs and roadmarkings are subject to detailed requirements as set out in legislation called the 'Traffic Signs Regulations and General Directions' (TSRGD) 2002.  In the TSRGD, each sign and roadmarking is given a unique reference called a 'diagram' number. Below each section in Red are links to the relevant diagrams from the TSRGD contained within the Signs and Roadmarkings page. An explanation of how these diagrams work and the regulations associated with each diagram can be found in the Signs Regulations section. Any signs or roadmarkings which do not comply with the TSRGD are illegal and cannot be enforced, unless they have specific approval from the Department for Transport (DfT). You can search for DfT approvals here

 

In addition, all parking and loading restrictions (except bus stops and zig zags) must be accompanied by a Traffic order which matches the restriction on the street.

 

1. Parking Regulations:

Yellow lines
Controlled Zones

Parking bays

Suspended bays

Bus Stops and Bus Stands

Urban Clearways

Taxi Bays

Footway Parking

Dropped Kerbs

Zig Zag Markings

Red routes

2. Loading Regulations

What exactly is loading?

Yellow Lines

Loading Bays

Loading in Parking Bays

Disabled Parking in Loading bays

Loading on Red Routes

Examples of Non Compliant Loading Restrictions

3. Tolerances

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1. Parking Regulations

There are many different types of parking restrictions. The following is a list of the most common.

Yellow lines 

Single Yellow Lines

Single yellow lines can be stand alone or part of a Controlled Zone.

 

Single yellow lines outside a controlled zone must be accompanied by a sign. The regulations state these signs must be placed at 'regular intervals'.

 

According to the guidance in Chapter 3 of the Traffic Signs Manual (paragraph 6.34) signs must be placed at 60m intervals.

 

 

TSRGD Reference: The single yellow line is represented by diagram 1017. The signs for single yellow lines are 637.3 and 639. These can also be combined with signs for loading and limited stay parking 639.1B and 640  

 

This yellow line cannot be enforced as it has no sign and is not in a controlled zone

Template letter for appeal

A single yellow line outside a controlled zone requires an accompanying sign detailing the hours of restriction. There is no such sign in this location, hence this restriction does not comply with the Traffic Signs Regulations and General Directions 2002. It is therefore unenforceable and I trust the PCN will be cancelled.

Double Yellow Lines

Double Yellow Lines are 'No waiting at any time' and no longer require signs. They still however require a traffic order.

 

TSRGD Reference: The double yellow line is represented by diagram 1018.1

Termination bars

Single and double yellow lines must have termination bars (or 'T' bars) as shown in the TSRGD diagrams. Some local authorities will try and claim that these bars are not required when the yellow line ends at a parking bay or other marking. This is an urban myth with no basis in legislation. To clarify the matter, Chapter 5 of the Traffic Signs Manual produced by the Department for Transport (DfT) provides guidance on the use of roadmarkings. It confirms the TSRGD and referring to yellow lines (paragraph 20.3, p116), it states:

A transverse mark must be placed at each end of a line, where one type of line changes to another (see figure 20-1), where it abuts a bay marking or a zig-zag line and at a point where a vertical sign indicates the time period changes, but the road marking remains the same."

Compliant Not compliant Not compliant

However, a word of caution. Adjudicators are now ignoring the law and refusing appeals on this basis. One case which appealed on the basis of a missing T bar was lost at the adjudicator in 2003. A case summary can be found here: London Borough of Camden v Mr K J Minier. The legality of this decision is very questionable as the adjudicator dismissed the fact that the line did not comply with the TSRGD on the basis that "The law does not concern itself with trifles" and "it cannot possibly be said that Mr Minier or any other motorist would be misled or confused by the absence of T-bars". Confused or not is not the point, the line does not comply with the regulations and so therefore is not valid. Ticketfighter therefore believes this decision was wrong.

Controlled Zones

A controlled zone is an area of restricted parking. Single yellow lines within a controlled zone do not need to be individually signed, unless their hours of operation differ from that of the zone. Parking bays need to be signed if they differ in any way from the information on the controlled zone sign (eg they are residents only).

All entrances to the zone must be signed as stated in Regulation 4 of the TSGRD. As specified in Direction 8, signs should be placed on both sides of the road , except when:

(i) traffic proceeding on another road on which it is permitted to proceed only in one direction turns into the relevant road; or

(ii) the carriageway of the relevant road is less than 5 metres wide and the sign is so placed that its centre is within 2 metres of the edge of the carriageway.

 

Note the words 'controlled zone' (which may be varied, check the TSRGD references below) must be above the no parking logo. This example from Scotland shows a motorist who successfully appealed because they were below the logo. Most people wouldn't even realise something so simple would be grounds for an appeal!

 

TSRGD Reference: Controlled zone sign 663, Voucher parking zone sign 663.1 and Pedestrian zone sign 637.2

Parking Bays 

Pay and display, limited stay, motorcycle, doctor, residents and business permit parking bays

  All parking bays must be accompanied by a sign (except in certain circumstances in a controlled zone, see above). Where a bay is long, it must contain repeater signs at regular intervals. According to the guidance in Chapter 3 of the Traffic Signs Manual (page 69), signs should be placed a maximum of 30m apart. All the bays listed above should be marked by a white box of width between 1.8m to 2.7m.
For bays with individually marked spaces, the beginning and end of a section of these should have double white lines
Bays without individually marked spaces should start and end with a single row of white lines. Many authorities such as Ealing get this wrong. See below for text for an appeals letter in this case.

However be warned! An adjudicator recently decided to take the law into his own hands and ruled against a motorist (see here for details). This despite the previous decisions of Mr Keivan Jalali Bijari v Bolton Metropolitan Council and David Pilkington v Bolton Metropolitan Council in favour of the motorist (although he may not have been aware of those cases, so still worth appealing on this point in my opinion).

TSRGD Reference:

Signs

Roadmarkings

Permit holders only (such as resident’s bays) signs 660, 660.3, 660.6, and 660.7.

Voucher parking diagram 660.5

Disc parking diagram 662

Limited parking time diagram 661.1 (see also 660.6)

Pay and display parking diagram 661.2A and 661.3A(see also 660.7)  

Continuous parking bays, diagram 1028.4

Individually marked parking bays, diagram 1032

Diagonal parking bays diagram 1033 

 

Incorrectly marked parking bay

Template letter for appeal

The roadmarkings delineating the bay do not conform with the Traffic Signs Regulations and General Directions (TSRGD) 2002. The double white line at the end of the bay is not a permitted variant of diagram 1028.4. These should only be used where single bays are marked out, as in diagram 1032. Attached is a photo of the bay as evidence of this point. Hence I trust the PCN will be cancelled.

Disabled parking bays

Disabled bays must have a white bay and be accompanied by a sign. The minimum length of the bay is 6.6m. The word ‘Disabled’ on the road and can be included or omitted.

TSRGD Reference: Sign 661A which can be used with roadmarkings 1028.3, 1032 and 1033.

This disabled bay has no sign Template letter for appeal
This bay does not comply with the Traffic Signs Regulations and General Directions 2002 which requires a disabled bay to be accompanied by a sign to diagram 661A.

 

Suspended bays

These are the signs that can be used for suspended bays. Many councils use different signs that are not in the TSRGD. Unless they have had DfT approval they are invalid. The authority must display notices for the suspension as detailed in The Road Traffic (Temporary Restrictions) Procedure Regulations 1992. Unfortunately there is no minimum time period before the restriction comes into force that they must be displayed. This catches a lot of people out when on holiday etc but it is still worth appealing if inadequate warning has been given.

 

 

This sign with "Parking suspended" is invalid. It is not a permitted variant of either signs 636 or 636.1.

 

 

Bus Stops and Stands

 

Bus stops should have a thick yellow line (except on red routes) and must be accompanied by a clearway sign. They do not require a traffic order.

TSRGD reference: Signs 974 and 975 which can be used with roadmarkings 1025.1, 1025.3 and 1025.4

This bus stop has no sign Template letter for appeal
This bus stop does not comply with the Traffic Signs Regulations and General Directions 2002 which requires a bus stop clearway to be accompanied by a sign to diagram 974.

Urban Clearways

Clearways are lengths of main road which do not allow parking. They do not require roadmarkings but do need to be signed at regular intervals.

 

TSRGD Reference: Clearways are designated by signs 646 and 650.1.

Taxi Bays

Taxi bays should have a sign and bay marking as per below

TSRGD Reference: Taxi signs 650.1, 650.2, 650.3 and 640 (when when the upper panel is varied to the sign shown in diagram 650.3). Taxi bay roadmarking 1028.2

Footway Parking

In London there is a complete prohibition on footway parking. Vehicles may only park where there it is designated with signs. This includes parking with one or more wheels on the footway. However loading is exempt. Outside London if parking on a footway or verge is prohibited then there must be a sign indicating the prohibition.

It should be noted that this also applies to pavement lights and private forecourts, following a key case in 2001 and this case recently. They are considered ‘public highway’ for the purposes of parking enforcement.

TSRGD Reference: Footway parking is designated by signs 667, 667.1 and 667.2

Footway has the definition as per section 329(1) of the Highways Act 1980 i.e.:

“footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only"

 

Dropped Kerbs

 

Section 14 of the London Local Authorities and Transport for London Act 2003 and section 86 of the Traffic Management Act 2004 prohibit parking adjacent to a dropped kerb in London and the rest of England. Also included in this link are the exceptions to the rule such as loading. A dropped kerb is defined as:

 

"any part of the footway or verge where it has been lowered to meet the level of the carriageway for a road for the purpose of assisting pedestrians to cross or assisting vehicle to enter or leave the road across the footway or verge.”

 

With footway parking and dropped kerbs in London, no traffic order or signs are required to enforce these restrictions.

Page 32 of the JOINT REPORT OF THE PARKING ADJUDICATORS FOR ENGLAND AND WALES 2009/10 contains an analysis of dropped kerb and double parking issues outside London including examples of cases won by motorists due to inadequate advance warning by councils that they were starting enforcement.

Zig-Zag Markings

Zig-zags associated with zebra and pelican crossings require no signs or a traffic order but they do need to be advertised before they are implemented. They are governed by these regulations and can be enforced by the police or local authority, with 3 points awarded if you are ticketed by the former.

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2. Loading Regulations

What exactly is loading?

The exact definition of what constitutes loading is matter for debate. This page from London Councils gives some information. Additionally many cases have gone to appeal and it has been up to the adjudicator to decide if a particular case constituted loading. Examples of these appeals can be found in these key cases. In summary these show that generally, picking up or dropping off goods and filling out the associated paperwork is allowed. Loading does not include shopping, but does include pre paid collections. For instance stopping outside Argos, going through a catalogue, purchasing the goods then taking them to the vehicle is not loading. However stopping to collect pre paid goods at the shop would be allowed.

Many people receive tickets for carrying out legitimate loading activities where there is clearly no prohibition on loading. In these cases you should always appeal and when appealing be sure to include proof of loading such as a delivery note. This should be adequate for the ticket to be cancelled. However if you are ticketed in a location where there is or the council claims there is a loading ban, check the regulations below....

Single and double yellow lines

  

A single stripe means loading is not allowed during certain times. Two stripes means it is not allowed at any time.

The loading restriction must have both a sign and kerb stripes to be valid. In addition the signs must be clearly visible and provided at regular intervals. Loading signs may be attached to a variety of other signs. The same rules apply at both single and double yellow lines.

TSRGD Reference: Pedestrian zone sign 637.2, at any time sign 638, no loading at certain times sign 638.1, combined waiting and loading signs 639.1B and 640, controlled and voucher parking zone signs 663 and 663.1. Single kerb stripe 1019 and double kerb stripe 1020.1

 Loading bays

Loading bays must have the words ‘Loading only’ written on the road as well as a sign. The sign can be varied to 'Goods vehicles loading only' and the definition of a goods vehicle is:

"a motor vehicle or trailer constructed or adapted for use for the carriage or haulage of goods or burden of any description"

TSRGD Reference: Loading sign 660.4 and roadmarkings 1028.3, 1032 and 1033.

Loading in Parking Bays

Loading is allowed in all parking bays. In fact loading is allowed everywhere unless it is specifically prohibited with a no loading or no stopping restriction.

Disabled Parking in Loading bays

Are disabled drivers allowed to park in loading /unloading bays or not? Many thanks to Loxley Parker who has done some great work challenging authorities on the issue of disabled people in loading bays.
 
According to the Blue Badge Scheme booklet, they are not; but, according to Regulation 8 of this law, they are: Statutory Instrument 2000 No. 683 The Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England)gulations

Since 2000, there has been some controversy as has happened in 2005 in Rochdale and Sunderland, which councils rescinded all pcn's issued to disabled drivers who parked in loading/unloading bays.  Since then, there have been two contested decisions in Sheffield and Nottingham with a score of 1 all.  A most recent case involving Mr Glyn Foulkes against Shropshire, which was a second appeal to another adjudicator, resulted in the Council not submitting anything against the Regulation 8 argument and the case was won by default.  Not only is Mr Foulkes disappointed, but also thousands of disabled drivers are still no better off knowing if they can park or not in loading/unloading bays.  Shropshire Council, according to the Shrewsbury Chronicle, have expressed concerns to the DfT about TPT decisions. Meanwhile, the Chief Adjudicator and Secretary of State for transport have been invited to a TV debate.  At the same time, Mr Foulkes is pressing for costs in view of the Council's conduct and pursuit of the pcn and its failure to address Regulation 8 in its TRO, a point which the second adjudicator noticed, which is the real reason why the Council did not show.  About 500 PCN'S were issued at the same location in Castle Street, Shrewsbury.  Mr Foulkes left his vehicle for a mere 10 minutes to collect urgent medication and was hauled through the coals as far as the TPT, whereas another disabled driver, Emma Gee, (who fully supports Glyn) parked in a similar bay in Castle Street, Ludlow, left her vehicle for an hour so as to get a "cuppa" and was, eventually, let off!  By the way, the first adjudicator was unaware of the Regulation 8 statute.  Well done pepipoo!  But the fight continues. A demo is planned to take place outside the DfT soon.  For all those interested, the case reference is: ZX 05048D.

Examples of Non Compliant Loading Restrictions

This 'no loading at any time' restriction has only one kerb stripe.

 

Template letter for appeal:

The roadmarkings at this location do not comply with the Traffic Signs Regulations and General Directions 2002 which requires a 'no loading at any time' sign (diagram 638) to be accompanied by two kerb stripes (diagram 1020.1).

 

These two kerb stripes should be accompanied by a 'No loading at any time' sign, not the one shown.

Template letter for appeal:
The roadmarkings at this location do not comply with the Traffic Signs Regulations and General Directions 2002 which requires two kerb stripes (diagram 1020.1) to be accompanied by a 'no loading at any time' sign (diagram 638).

 

This loading bay has no roadmarkings and a wrongly designed sign Template letter for appeal:

This loading bay does not comply with the Traffic Signs Regulations and General Directions (TSRGD) 2002 as:

1.The phrase 'Goods vehicle' is not a permitted variant of diagram 660.4

2. It has no bay markings which must accompany diagram 660.4 as stipulated in Direction 24 of the TSRGD.

 

3. Tolerances

It should be noted that the TSRGD allows tolerances for variations in the dimensions of signs and roadmarkings. Details are available here and tolerances allowed for roadmarkings have been reproduced below.

Diagrams in Schedule 6—All dimensions
(1) (2) (3)
Item Dimensions shown in diagrams Permitted variations
1. 3 metres or more

(i)Up to 15% of the dimension where the varied dimension is greater than the specified dimension; or

(ii)Up to 10% of the dimension where the varied dimension is less than the specified dimension

2. 300 millimetres or more, but less than 3 metres

(i)Up to 20% of the dimension where the varied dimension is greater than the specified dimension; or

(ii)Up to 10% of the dimension where the varied dimension is less than the specified dimension

3. 50 millimetres or more but less than 300 millimetres

(i)Up to 30% of the dimension where the varied dimension is greater than the specified dimension; or

(ii)Up to 10% of the dimension where the varied dimension is less than the specified dimension

NOTE: Where a dimension denoting the length or width of a road marking is varied in accordance with this Table, and there is a space between two parts of the marking, the dimensions of that space may be varied as required to accommodate the variation of the length or width of the marking, provided that the character of the marking is maintained.