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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70719
Experience:  Over 5 years in practice.
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Got ticket on yellow line that used to be drive but has a wall

Resolved Question:

got ticket on yellow line that used to be drive but has a wall built across for at least 10yrs. got ticket same place 7yrs ago and appealled and got let off but this one goin to parking adjudicator.am i wasting my time
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It is never a waste of time to appeal but on what specific basis? What is the ground of appeal you intend to raise?
Customer: replied 2 years ago.

theres no longer a drive into property because of garden wall across what used to be entrance.been wall there at least 10yrs but never removed yellow line

Expert:  Jo C. replied 2 years ago.
Is the yellow line still in the traffic management order?
Customer: replied 2 years ago.

sorry jo.dont no what traffic management order is.all parking permits and yellow line in middle doing nothing.cant cause obstruction by parkin on line.

Expert:  Jo C. replied 2 years ago.
No, but that isn't the only reason for a yellow line.
The truth is that they don't need to show that they have a good reason for these restrictions if they are the restrictions in force.
To impose restrictions they need to show that there was a good reason originally to get it past council approval and they needed to advertise it for resident objections. Thereafter it remains in force until it is repealed. All law is good law until it is repealed even though some laws fall into disuse.
If this particular prohibition remains in the traffic management order and the lines at the location are clear and unambiguous then it can be enforced.
Taht is not to say that you cannot write to them asking them to use their discretion not to enforce the fine on this basis. Anything can be relied upon under their discretionary grounds. There is no real risk in asking them to reconsider as even if they reject your application all they will do is give you another 14 days to pay at the discounted amount.
It is worth asking for sight of the traffic management order though as half the time it doesn't cover their prohibitions.
Can I clarify anything for you?
Jo
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