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#Post#: 71124--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: H C Andersen
Date: May 12, 2025, 4:03 pm
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Received a parking ticket in this location but it's part of a
road
Exactly, therefore on the face of it the contravention occurred.
Unless you have got or can get photos to set a different
context, you were parked on a road but not on the carriageway.
Tne DYL are placed at the edge of the carriageway and you were
beyond these. In previous years GSV showed the DYL in a
different setting meaning that at that time where you were was
considered to be part of the carriageway.
But now?
#Post#: 71150--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: fraser.mitchell
Date: May 12, 2025, 5:45 pm
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--- Quote from: H C Andersen link ---
>
> Received a parking ticket in this location but it's part of a
road
>
> Exactly, therefore on the face of it the contravention
occurred.
>
> Unless you have got or can get photos to set a different
context, you were parked on a road but not on the carriageway.
Tne DYL are placed at the edge of the carriageway and you were
beyond these. In previous years GSV showed the DYL in a
different setting meaning that at that time where you were was
considered to be part of the carriageway.
>
> But now?
>
--- End Quote ---
But how can it be off-carriageway, (the PCN) if it is a public
turnround point ? This means it is carriageway and the PCN is
invalid. If it was for parking by double-yellow lines, then the
CEO would have correctly served a PCN.
#Post#: 71171--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: H C Andersen
Date: May 13, 2025, 1:31 am
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What is a 'public turnround point'?
Latest GSV shows the DYL are placed at the edge of the
carriageway - they used to diverge from the carriageway but have
now been deliberately placed parallel to the centre-line and
compatible kerbstones have been installed* therefore IMO what's
beyond them isn't carriageway as regards traffic signs regs
definitions.
The public clearly have unfettered access to walk across this
area, therefore it's part of a road.
The gate existed even in the previous configuration but there
wasn't a crossover(the footway wasn't lowered), to all intents
and purposes it was just a pedestrian access to somewhere.
*- these are set flush with the surface of the carriageway(which
would normally indicate a crossover, but so are those before and
after therefore this isn't out of the ordinary as regards the
present layout for this part of the road.
OP, clearer contextual photos pl.
#Post#: 71172--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 1:53 am
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Hi Both,
It's definitely used as a turning point for many cars and they
do this regularly!
Is the dispute between you both that the bollards don't
necessarily mean that the section between the bollards and the
double yellow likes is not a road?
#Post#: 71175--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: H C Andersen
Date: May 13, 2025, 2:35 am
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Pl understand the distinction between 'road' and 'carriageway'.
It is a road.
The question is whether where you were is also considered to be
a carriageway.
By law, DYL must be placed 'at the edge of the carriageway'.
Therefore, as GSV suggests that these are now parallel to the
centre-line of the main carriageway AND that you drove beyond
these to park then you were not parked on the carriageway.
We need current photos pl showing the context.
#Post#: 71179--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 3:00 am
---------------------------------------------------------
Current photos of that area?
#Post#: 71187--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 4:03 am
---------------------------------------------------------
The Google Street View I shared in my initial post is the same
as it is today so apologies I'm not sure I'm following what you
require here?
#Post#: 71191--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: H C Andersen
Date: May 13, 2025, 4:24 am
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We need contemporaneous facts in the form of current photos pl,
not your assertions.
We need to see the carriageway and entrance to the area.
Probably standing on the pavement on the opposite side of the
carriageway would give a good wide-angle view. We need to see
exactly where the DYL are placed, whether the kerbstones are
flush with the surface both before, across and after the
'access' and all other contextual aspects e.g. is the surface
treatment of where you were parked the same as that of the
carriageway at the point where they join etc.
IMO, on the face of it:
You were parked on a road;
You were not parked on the carriageway, the boundary of which
was marked by DYL.
IMO, you have to show that (notwithstanding the DYL) either it
was part of the carriageway(which would be a statutory defence)
or that based upon your previous knowledge and the indicators at
the location it appeared to be or treated as being part of the
carriageway.
#Post#: 71192--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 4:26 am
---------------------------------------------------------
Ok sure,
I'll take a few photos at lunchtime today
#Post#: 71340--------------------------------------------------
Re: PCN received from council for parked with one or more wheels
on or over a footpath (642)
DIR By: ChocCustardCake
Date: May 13, 2025, 11:52 am
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Image 1
[attachment deleted by admin]
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