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#Post#: 45613--------------------------------------------------
Swansea Council PCN outside home
DIR By: sifi89
Date: November 14, 2024, 10:22 am
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Hi guys. Got a PCN today from the council for parking up against
a dead end wall just outside my home. I’ve parked there for 17
years with no issues, and even asked previous wardens if it’s
ok, and they’ve all said there’s no issues at all. There’s
permanently a car there, whether it’s mine or someone else’s as
parking on the street is a nightmare. No one has had a ticket
before, ever, to my knowledge. I even asked a PCSO who was
patrolling my street today and he said it wasn’t a problem. The
attached photo of my car was taken when all the cars either side
had gone to work. Just to add, there are no markings, signs, or
restrictions. Any advice? Thanks.
[attachment deleted by admin]
#Post#: 45616--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: stamfordman
Date: November 14, 2024, 10:45 am
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The wall must be the edge of the carriageway so if you were
within 50cm of it I can't see there is a contravention.
#Post#: 45618--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: sifi89
Date: November 14, 2024, 10:49 am
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--- Quote from: stamfordman link ---
>
> The wall must be the edge of the carriageway so if you were
within 50cm of it I can't see there is a contravention.
>
--- End Quote ---
Does that mean I have to park within 50cm of the wall? If I do
that, I can’t access my boot, which I needed access to at time
of parking.
#Post#: 45622--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: stamfordman
Date: November 14, 2024, 11:13 am
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There could be a a wormhole in time that whisks you to the
restaurant at the end of the universe on the other side but on
your side there's a carriageway boundary in the form of a wall
as we know it.
#Post#: 45625--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: sifi89
Date: November 14, 2024, 11:18 am
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--- Quote from: stamfordman link ---
>
> There could be a a wormhole in time that whisks you to the
restaurant at the end of the universe on the other side but on
your side there's a carriageway boundary in the form of a wall
as we know it.
>
--- End Quote ---
Sorry I changed my reply when you must have been typing yours.
It took me a while to grasp what you were saying. I genuinely
can’t believe they are causing all this hassle because I moved
an extra few inches from the wall so I could access my boot. I’m
going to appeal this on the basis that it’s absolute insanity.
Thanks for the reply.
#Post#: 45627--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: stamfordman
Date: November 14, 2024, 11:24 am
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See this current case.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/newham-council-london-contravention-code-26-rejected-informal-appeal/
If they want to make a fuss about the distance from wall they'd
be petty but you also have custom and practice and nods from
CEOs to go on.
#Post#: 45639--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: Neil B
Date: November 14, 2024, 1:03 pm
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As well as the Newham case posted this has been a common problem
for Newham.
During construction of the Olympic site there was a similar dead
end (Angel Lane) where many, many tickets were issued.
All those that saw it through to tribunal won.
Seems the problem of not understanding the contravention is more
widespread.
This is the relevant section of law, which should reassure you >
85 Prohibition of double parking etc.
(1)In a special enforcement area a vehicle must not be parked on
the carriageway in such a way that no part of the vehicle is
within 50 centimetres of the edge of the carriageway.
My bold and underlining.
#Post#: 45640--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: Neil B
Date: November 14, 2024, 1:04 pm
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HTML https://www.legislation.gov.uk/ukpga/2004/18/section/85
#Post#: 45658--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: sifi89
Date: November 14, 2024, 4:13 pm
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--- Quote from: Neil B link ---
>
> As well as the Newham case posted this has been a common
problem for Newham.
> During construction of the Olympic site there was a similar
dead end (Angel Lane) where many, many tickets were issued.
> All those that saw it through to tribunal won.
>
> Seems the problem of not understanding the contravention is
more widespread.
>
> This is the relevant section of law, which should reassure you
>
>
> 85 Prohibition of double parking etc.
> (1)In a special enforcement area a vehicle must not be parked
on the carriageway in such a way that no part of the vehicle is
within 50 centimetres of the edge of the carriageway.
>
> My bold and underlining.
>
--- End Quote ---
Fab, thanks for the reply. So does the wall count as an "edge of
the carriageway" in this case or is it just the curbs? Obviously
no part of my vehicle is within 50cm of the curbs. I find all
the legal jargon all very confusing, and it makes me wonder how
they can enforce these laws if the layman is not aware or can't
understand them.
#Post#: 45661--------------------------------------------------
Re: Swansea Council PCN outside home
DIR By: Neil B
Date: November 14, 2024, 4:50 pm
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--- Quote from: sifi89 link ---
>
>
> Fab, thanks for the reply. So does the wall count as an "edge
of the carriageway" in this case or is it just the curbs?
Obviously no part of my vehicle is within 50cm of the curbs. I
find all the legal jargon all very confusing, and it makes me
wonder how they can enforce these laws if the layman is not
aware or can't understand them.
>
--- End Quote ---
The edge of the carriageway is both the wall and the KERBS.
I don't think they are even looking at you distance from the
wall, which doesn't look much to me anyway.
Rather, I think they are looking at the kerbs, which tallies
with the purpose of the law I linked 'Prohibition of double
parking'
We will know much more about their thinking when they respond to
a challenge.
Don't say too much as a challenge and post your proposed draft
here before sending.
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