Worn or Incomplete Bay Markings Fail the TSRGD Standard

A code 24 ticket says you were not parked correctly within the markings of the bay. But the bay only exists in law if its markings substantially match the official design (TSRGD 2016, Schedule 7 Part 4, diagrams 1028.4/1028.6) and clearly show a driver where the bay is. If the lines are so worn, broken or incomplete that they no longer adequately mark out the bay, the Court of Appeal's test in Herron is not met and the council cannot fairly enforce against them.

Legal basis

Traffic Signs Regulations and General Directions 2016 (SI 2016/362), Schedule 7 Part 4 items 6 and 8 (parking bay markings, diagrams 1028.4 and 1028.6); R (Herron) v Parking Adjudicator [2011] EWCA Civ 905 (substantial compliance and adequate information test)

How to identify this in your case

Are the white lines of the bay faded, flaking, dug up, resurfaced over, or missing on one or more sides? Photograph the whole bay from several angles, including the exact section of line you are said to have crossed, before the council repaints it. If you cannot clearly see where the bay starts and ends in your photos, this ground applies.

Sample appeal wording

Before you send this

Deadline. A late submission can be turned down without your argument being read. Check your notice for the deadline and how it is counted.
Paying may end it. Paying can count as accepting the notice and can close a challenge already under way. Part-paying or acknowledging an old debt can also revive a time limit that had expired.
The amount can change. Check what happens to the sum if you challenge — it may be held, re-offered lower, or keep rising, and fees or enforcement can continue meanwhile.
Use the official route. Use the method, recipient and form your notice specifies, with any reference, evidence and signature it asks for. Sent elsewhere, it may not count.
Only say what is true. Do not copy any statement of fact unless it is true for you, and check the legal point still applies. Delete what does not fit. It may be treated as your statement.
Careful what you volunteer. Avoid unnecessary admissions — naming the driver or accepting responsibility can remove arguments. But answer anything you are legally required to answer, and do include the evidence your ground needs.
Keep the record. Keep what you sent, the attachments, any receipt, and the reply. Note the next deadline.

Sample wording to adapt and send yourself — it may not fit your notice or the stage you are at.

I am appealing this penalty charge issued under contravention code 24. The alleged contravention depends entirely on the position of the bay markings, yet at the time of the alleged contravention the markings were worn and incomplete and did not adequately delineate the bay. Parking bay markings must substantially comply with the forms prescribed in Schedule 7, Part 4 of the Traffic Signs Regulations and General Directions 2016, and in R (Herron) v Parking Adjudicator [2011] EWCA Civ 905 the Court of Appeal held that the test is whether the motorist is adequately informed of the restriction. I put the council to strict proof, by contemporaneous photographs of the whole bay, that the markings substantially complied with the prescribed diagrams and clearly showed the boundary I am alleged to have crossed. In the absence of such proof the penalty should be cancelled.

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Worn or Incomplete Bay Markings Fail the TSRGD Standard

Legal basis

How to identify this in your case

Sample appeal wording

Beat It writes this argument automatically

Sources

Related appeal grounds

Next steps