DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 70858--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: stamfordman
Date: May 10, 2025, 5:31 pm
---------------------------------------------------------
The council pics don't show the context is my feeling.
HTML https://i.ibb.co/prGLzZyX/Screenshot-2025-05-10-at-23-28-58.png
HTML https://i.ibb.co/rKS17G2k/Screenshot-2025-05-10-at-23-28-47.png
HTML https://i.ibb.co/Gv19zNKD/Screenshot-2025-05-10-at-23-28-41.png
#Post#: 70868--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 11, 2025, 1:20 am
---------------------------------------------------------
Hi
Thanks for the reply. Apologies but I don't understand whether
it means it's worth appealing and on what grounds?
Appreciate any guidance
#Post#: 70876--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: fraser.mitchell
Date: May 11, 2025, 5:32 am
---------------------------------------------------------
Submit reps stating the contravention did not occur, and that
where you parked is carriageway and enclose a copy of the GSV
2022 view. State that this isn't a driveway into premises as can
be see by the fence only having a pedestrian gate. The GSV view
clearl shows that this was a turning point for vehicles, and
continues in that role, despite the new paving. In addition, the
pedestrian entrance to the premises is also seen in GSV 2022
view.
#Post#: 70888--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 11, 2025, 6:23 am
---------------------------------------------------------
Thanks for the reply
Do you mind elaborating a little on the below as I don't
understand it
"State that this isn't a driveway into premises as can be see by
the fence only having a pedestrian gate"
#Post#: 70963--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 11, 2025, 3:02 pm
---------------------------------------------------------
Hi
Please do let me know and I'll update the reps I'm drafting?
#Post#: 70965--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: catnip
Date: May 11, 2025, 3:19 pm
---------------------------------------------------------
--- Quote from: ChocCustardCake link ---
>
> Thanks for the reply
>
> Do you mind elaborating a little on the below as I don't
understand it
>
> "State that this isn't a driveway into premises as can be see
by the fence only having a pedestrian gate"
>
--- End Quote ---
If you look at the picture, there's only a pedestrian gate in
the fence at the end of the 'road', so the access is only for
people and not vehicles.
#Post#: 70966--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: fraser.mitchell
Date: May 11, 2025, 3:38 pm
---------------------------------------------------------
The council claim this is off-carriageway parking.
Currently, where you parked seems on first glance to be a
driveway to access commercial premises that passes across the
footway. But no vehicles can access those premises because there
is a fence with a pedestrians gate. There is no gate for
vehicles. So why is there this large space ? If it is not
carriageway, what is the purpose of the large wooden bollards ?
Clearly these are intended to separate vehicles from
pedestrians.
It is quite clear that the space is a turn-round, because if one
drives virtually down the street one finds that it is blocked
by bollards, and there is no space for any vehicle to turn round
at all apart from the private parking space for the flats at the
end of the street.
In fact GSV of 2022 shows this was a turn-round point for motor
vehicles. Later, some time after 2022, the council
"prettied-up" the street but the purpose of that space remains
as the bollards show. This means it is carriageway, therefore
the contravention of being parked off-carriageway did not occur.
Of course the CEO could have served you a PCN for parking
opposite the double-yellow lines but didn't, no doubt because he
has been told not to, because there are exemptions for these,
like assisted boarding/alighting which you did.
That's my take on it, anyway.
#Post#: 70968--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 11, 2025, 3:46 pm
---------------------------------------------------------
Really appreciate the detailed explanation 👍 thank you
so much.
Will create the reps and would really appreciate if you can
review once I do to ensure I haven't missed anything.
Thanks
#Post#: 71093--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 12, 2025, 12:18 pm
---------------------------------------------------------
Is the below ok please?
Dear Sir/Madam,
I am writing to formally challenge the above Penalty Charge
Notice issued for alleged contravention code 624, which refers
to parking on an area other than the carriageway (e.g., verge,
footway, or central reservation).
I respectfully submit that the location where my vehicle was
parked cannot reasonably be considered as "off-carriageway" for
the following reasons:
1. Nature and Purpose of the Area in Question
The space where my vehicle was parked appears, at first glance,
to be a driveway serving commercial premises. However, it is
important to note that these premises are fully secured by a
fence and only accessible via a pedestrian gate—there is no
vehicle gate, nor any vehicle access provided or possible.
Moreover, the presence of large wooden bollards clearly
indicates the council's intention to separate vehicular movement
from pedestrian areas. The space in question is physically
designed to manage vehicle access and maneuvering, not as
pedestrian space or footway.
2. Use as a Turning Area for Motor Vehicles
The end of the street in question is fully blocked by fixed
bollards, leaving no alternative space for vehicles to turn
around other than the area where my vehicle was parked. This
area is used daily by an average of 20 vehicles as a turn-round
point—a fact I am able to evidence with dated photographic and
video proof, which I can supply if required.
Historically, Google Street View imagery from 2022 also shows
this area as a turn-round point, which remained unchanged until
the council undertook cosmetic improvements post-2022. Despite
these visual enhancements, the function of this space remains
that of vehicle maneuvering, which is reinforced by the layout
and physical features of the area.
3. Misclassification as Off-Carriageway Parking
Given the above facts, it is clear that this area serves the
purpose of a carriageway. The existence of bollards, the
historic and continuous use of the space for vehicle turning,
and the absence of any physical signage or road markings
indicating that this is a restricted pedestrian-only space all
support that conclusion.
Therefore, the contravention of parking off the carriageway
cannot reasonably apply in this instance as the space, by
function and design, is part of the carriageway, specifically
serving as a turning point.
Conclusion
In light of the evidence and context provided, I respectfully
request the cancellation of this PCN as the alleged
contravention did not occur. Should you require additional proof
(including videos or logs of daily vehicle usage), I am happy to
provide this upon request.
Thank you for your attention to this matter.
Yours faithfully,
#Post#: 71110--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 12, 2025, 2:24 pm
---------------------------------------------------------
Hi is anyone able to review please?
Thanks
*****************************************************
Page 2 of 5
DIR Previous Page
DIR Next Page