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#Post#: 8083--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: ivanleo
Date: October 22, 2023, 11:52 am
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--- Quote from: johnsmith22 link ---
>
> Thank you all for your replies. I would greatly appreciate
that cp8759.
>
> Two questions:
> 1) How would we proceed if you were to represent me at
tribunal?
>
--- End Quote ---
I'll drop you a PM.
--- Quote from: johnsmith22 link ---
>
> 2) If they were to reject the appeal, what charges would I be
looking at?
>
--- End Quote ---
Just the penalty charge, there are no other costs.
#Post#: 8112--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: H C Andersen
Date: October 22, 2023, 3:38 pm
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OP, have you posted a GSV of exactly where you were?
The council's response is b******s.
Can you park on the pavement where there are DYL. Of course you
can. Any of the exemptions which applies on the carriageway to
waiting on DYL applies on the footway. Parking on the footway
and DYL are chalk and cheese.
So, under what circumstances are you permitted to park on the
footway?
General considerations:
Where parking places are marked and properly signed*;
Where footway parking signs are displayed.
Specific:
See 15(3)
HTML https://www.legislation.gov.uk/ukla/1974/24/section/15
*- the parking place signs for parking on the footway are NOT
the same as for parking on the carriageway: see items 3&4 in
Part 4
(
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/4/made)<br
/>and compare with item 2.
3&4 means that parking on the footway is permitted ONLY within
the markings of the parking place and not outside because if the
parking places sit within a wider permitted footway parking area
then item 2 would suffice.
So, if a sign to item 2 is displayed on the footway what does it
mean?
The council have signed it incorrectly or they have signed
correctly and it sits within a wider permitted footway parking
area.
But this has nothing in principle to do with DYL.
To elaborate, look at items 14&15 in Part 2 here:
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made
Note the permitted variant: In marked bays.
Contrast this with the plate displayed on CPZ signs and similar:
In signed bays.
Within a permitted footway parking area bays may be marked.
These are NOT parking places, they are bays marked to indicate
where footway parking is permitted. It is not permitted outside.
So, IMO if you were parked within markings only and adjacent
bays had parking place markings with signs but not to the
prescribed format of sign then IMO this could only mean that
although you might not have seen them, you were within a a
permitted footway parking area.
Sorry if it sounds confusing!
#Post#: 11496--------------------------------------------------
Re: PCN for parking with one or more wheels over a footpath,
Help needed, Help Needed
DIR By: ivanleo
Date: November 28, 2023, 7:00 pm
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DNC'ed.
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