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#Post#: 46430--------------------------------------------------
Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: september
Date: November 20, 2024, 6:30 pm
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Hello,
I was wondering if there is anything to challenge with this PCN.
I was parked on the entrance to a not very busy car park. There
was still space to enter and exit the car park.
The contravention stated being "more than 50cm from the edge of
the carriageway".
I am wondering if this contravention applies in this situation,
and if there is any point of challenging the ticket.
I am disabled and have a disabled badge, so would not be charged
had I been on the nearby double yellow line.
Please see image of the PCN here:
HTML https://www.dropbox.com/scl/fi/s78fp1ih7ikhmzjjfk2hq/WhatsApp-Image-2024-11-20-at-23.45.46-1.jpeg?rlkey=14xz4yxnro3p6oyq67pm7apa9&st=xdz3yhai&dl=0
HTML https://www.dropbox.com/scl/fi/s78fp1ih7ikhmzjjfk2hq/WhatsApp-Image-2024-11-20-at-23.45.46-1.jpeg?rlkey=14xz4yxnro3p6oyq67pm7apa9&st=xdz3yhai&dl=0<br
/>
The maps on google are outdated so you can't see the double
yellow lines on the road, but not sure if that makes a
difference. They go round the kerb just into the driveway, and I
was parked in front of the driveway in line with the regular
parking on the road.
HTML https://maps.app.goo.gl/DRz5ctujgZMeahPKA
HTML https://maps.app.goo.gl/DRz5ctujgZMeahPKA
Thanks all for your help.
#Post#: 46436--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: H C Andersen
Date: November 21, 2024, 1:07 am
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OP, the full details of the prohibition:
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.
You have one the most poorly drafted contravention grounds
because it misses the key issue: you have to be parked on the
carriageway.
So, without seeing the photos you can tell us whether you were
actually on the carriageway or not. If not, then the
contravention did not occur.
Obviously if you were straddling the carriageway and footway
then some part of your car must have been within 50cm of its
edge!
#Post#: 46438--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: Martyn21uk
Date: November 21, 2024, 2:15 am
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PCN photos here for ease
HTML https://i.imgur.com/24m2E5z.jpeg
HTML https://i.imgur.com/DKlRpGD.jpeg
HTML https://i.imgur.com/p3p6VNu.jpeg
HTML https://i.imgur.com/WuTG3YX.jpeg
HTML https://i.imgur.com/LSQUh2M.jpeg
HTML https://i.imgur.com/fz9zrRy.jpeg
HTML https://i.imgur.com/REqOAOX.jpeg
#Post#: 46443--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: stamfordman
Date: November 21, 2024, 3:58 am
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This is a contravention I'm afraid. The elements of code 26 are
made out.
But as a BB holder you must ask for discretion.
Why did you park there (what were you doing that is)?
#Post#: 46455--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: H C Andersen
Date: November 21, 2024, 5:07 am
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IMO, contravention did not occur.
OP, to give you the full prohibition...
85Prohibition 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.
So, quite clearly what you did was not the nuisance agsinst
which the prohibition is targeted.
Anyway, from what I can see, you were parked on the carriageway
adjacent to its edge right next to a vehicle crossover which
gives access to a parking area off the road.
The DYL are actually marked on the footway, not a carriageway at
right-angles to the main road.
Others will have views.
#Post#: 46457--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: fraser.mitchell
Date: November 21, 2024, 5:21 am
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I see there are double-yellow lines close to the front of the
vehicle, but clearly it is more than 50cm away from them, hence
the CEO choosing the contravention, but the contravention could
equally have been parked when restricted.
#Post#: 46459--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: H C Andersen
Date: November 21, 2024, 5:32 am
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IMO, the edge of the carriageway is not determined by where a
contractor might have put yellow paint(although I accept that
this should only be placed at the edge of the carriageway) -
we've seen numerous examples where over-zealous councils have
extended yellow lines into housing estates, car parks, across
footways and even the entrance to a cemetery I seem to remember.
The council's highway terrier - which has probably been
digitised- would be taken as determinative by an adjudicator
IMO.
#Post#: 46464--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: stamfordman
Date: November 21, 2024, 6:16 am
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Must say I can't see this not being a code 26 contravention.
HTML https://i.imgur.com/S4ve0Dk.png
#Post#: 46487--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: H C Andersen
Date: November 21, 2024, 8:06 am
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?
'I was parked on the entrance to a not very busy car park' i.e.
a vehicle crossover.
This does not alter the position of the edge of the carriageway.
Arguably ss85 and 86 of the TMA are complementary in this
situation:
If it's a crossover, then 'parked on the carriageway adjacent to
a lowered footway..' would apply.
But if it's a carriageway, then arguably s87.
IMO, it's the wrong contravention and should by code 27, not
code 26.
#Post#: 46501--------------------------------------------------
Re: Hackney, Code 26 Parked in special enforcement area, Bethune
Road
DIR By: september
Date: November 21, 2024, 8:33 am
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Am I correct to assume that for the contravention to be correct
you would need to say that this entrance is a carriageway over
the footpath, and the edge of it are on the sides of the
entrance, and the car was too far from the edge. In that case if
I would've been parked closer to the corner the contravention
wouldn't have occurred?
As you can see on the picture it's not like a junction with a
road coming off it, there are actually long stones marking the
edge of the road.
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