DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 77433--------------------------------------------------
The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: Clark55
Date: June 20, 2025, 2:08 pm
---------------------------------------------------------
Hi anyone that could be of help,
Found a PCN on my car, parked in front of my residence, where
there is free off street parking. Had no idea why. Major
maintenance works on my building are currently taking place, so
thought it was in relation to that.
However it read: 100, section 50, 'parked on pavement'.
This frankly left me dumbstruck at first and with a bad taste of
feeling mistreated after.
- Not made aware.
I had no idea of this new law, introduced in 23'/24'. Never
received anything in the post, there were never a any signs on
the street lights. I don't watch tv or the news. I do not follow
road related(?) social media. Etc.
- Not obstructing anyone, really barely on the (dropped) kerb.
Looking at the attached photo evidence you can see my wheels are
only on the edge by some centimeters. The kerb of this pavement
is lowered here by design. This is for my residence's parking
bays.
My car was in no way blocking pedestrians, vision impaired
people, buggies or the ability of bin men to take out the bins
— as can clearly be seen from the photos.
My experience was very straightforward. I just parked as normal,
and my wheels happened to be on the pavement a little, this
happened so easily because it's a dropped kerb, while of course
making sure (in a common sense way) to leave space for
pedestrians.
Please see attached photos here.
HTML https://i.imgur.com/EXyYmpx.jpeg
HTML https://i.imgur.com/QbGb7kQ.jpeg
HTML https://i.imgur.com/TIx2NdC.jpeg
HTML https://i.imgur.com/nYx3JuO.jpeg
HTML https://i.imgur.com/YidaWri.jpeg
Little Video
HTML https://imgur.com/H16Rl0m
I would like to appeal this. As I didn't know about this new
law. I was not blocking any of all the pavement users. Did not
damage the already lowered kerb etc.
Any advice on how to best do this? (I'll need to do this within
the next 2 days)
Thank you!!!
#Post#: 77444--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: stamfordman
Date: June 20, 2025, 4:00 pm
---------------------------------------------------------
You've discovered that as in London, Scotland now enforces
footway/verge parking.
This looks petty though and can be challenged on triviality -
were you unaware you were slightly off the carriageway? The low
kerb is a factor.
Council pics:
HTML https://i.ibb.co/xSfjDwDM/Screenshot-2025-06-20-at-22-19-22.png
HTML https://i.ibb.co/M582bjhr/Screenshot-2025-06-20-at-22-19-11.png
HTML https://i.ibb.co/gL0brc6K/Screenshot-2025-06-20-at-22-18-58.png
#Post#: 77451--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: fraser.mitchell
Date: June 20, 2025, 5:21 pm
---------------------------------------------------------
It looks like your lords and masters in Edinburgh have copied
the London legislation of the 70s, which requires no signs or
lines. I had a look on Google and up came the Transport
(Scotland) Act 2019 which brought in the restriction.
This does, however look like a typical money-grubbing PCN, so if
you are prepared to go all the way to the Scottish adjudicator,
you could go on de minimis, i.e offence too trivial for the law
to concern itself with. This is a well known legal point in
England, but I don't know what Scottish judges think.
#Post#: 77501--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: Clark55
Date: June 21, 2025, 6:43 am
---------------------------------------------------------
Thanks for the responses guys.
If I were to go with the petty and trivial extend of this
'contravention', with what arguments should I word it?
Yes, the new rules were introduced at the end of 2023 and
enforced from last year.
HTML https://www.edinburgh.gov.uk/parking/new-parking-rules
The so
called awareness campaign never reached me.
I was unaware of this new rule, so when I parked I used made
sure there was enough space for pedestrians, due to the lowered
kerb there is no noticeable difference between the road and
kerb..
#Post#: 77548--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: fraser.mitchell
Date: June 21, 2025, 6:22 pm
---------------------------------------------------------
I would submit reps on the basis that your car is intruding only
very slightly onto the footway, therefore you consider that the
contravention was far too trivial for a PCN to be served. You
could state that at the time you parked you were unaware of the
new parking restriction, especially as no signs or lines
announce it. Say that in future, now knowing about the new
restriction, you will make sure you park only on the carriageway
in future.
#Post#: 77560--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: H C Andersen
Date: June 22, 2025, 4:11 am
---------------------------------------------------------
If you've not read s50, here it is as well as the exemptions
under s55:
HTML https://www.legislation.gov.uk/asp/2019/17/section/50
HTML https://www.legislation.gov.uk/asp/2019/17/section/55
#Post#: 79663--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: Clark55
Date: July 5, 2025, 5:35 am
---------------------------------------------------------
Thanks guys. I sent my appeal before the 14day date. Don't know
when I'll hear back. But I'll post back here.
#Post#: 86752--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: Clark55
Date: August 22, 2025, 6:21 am
---------------------------------------------------------
I won this appeal.
All the 'reasons' the listed were the standard ones which I
already showed were not actually relevant in this instance.
HTML https://imgur.com/QK5lwI2
#Post#: 86759--------------------------------------------------
Re: The City of Edinburgh Council. Code 100, sec 50, park on
pavement. Windsor Place, Portobello.
DIR By: stamfordman
Date: August 22, 2025, 6:52 am
---------------------------------------------------------
A courtesy - meaning yes it was rather petty but well done to
the council for not enforcing it.
*****************************************************
Page 1 of 1