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#Post#: 92312--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: Enceladus
Date: October 1, 2025, 6:18 am
---------------------------------------------------------
--- Quote from: Incandescent link ---
>
> [quote author=Enceladus link=topic=8244.msg92298#msg92298
date=1759314333]
> [quote author=Incandescent link=topic=8244.msg92287#msg92287
date=1759310682]
> I'm not sure they can enforce "obstruction" under the TMA
2004, but somebody on here will know, I'm sure.
>
--- End Quote ---
"92 - Parked causing an obstruction" is a contravention for
off-street car-parks.
[/quote]
So this location has to be an off-street car park or the PCN is
void.
[/quote]
I imagine that there would need to be an off-street parking
places order to enforce?
However the sign suggests that this is a permit parking area.
But there doesn't seem to any permit identifier on the sign.
#Post#: 92313--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: EvaporatedMilkCoffee
Date: October 1, 2025, 6:23 am
---------------------------------------------------------
There is a permit identifier, it is just not visible in the
pictures the CEO took. The permit identifier is “E-SS”
#Post#: 92316--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: EvaporatedMilkCoffee
Date: October 1, 2025, 6:36 am
---------------------------------------------------------
--- Quote from: Enceladus link ---
>
> [quote author=Incandescent link=topic=8244.msg92301#msg92301
date=1759314859]
> [quote author=Enceladus link=topic=8244.msg92298#msg92298
date=1759314333]
> [quote author=Incandescent link=topic=8244.msg92287#msg92287
date=1759310682]
> I'm not sure they can enforce "obstruction" under the TMA
2004, but somebody on here will know, I'm sure.
>
--- End Quote ---
"92 - Parked causing an obstruction" is a contravention for
off-street car-parks.
[/quote]
So this location has to be an off-street car park or the PCN is
void.
[/quote]
I imagine that there would need to be an off-street parking
places order to enforce?
However the sign suggests that this is a permit parking area.
But there doesn't seem to any permit identifier on the sign.
[/quote]
The permit identifier is “E-SS” if that is what you’re talking
about. It’s just not visible in the CEO’s pictures
#Post#: 92336--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: stamfordman
Date: October 1, 2025, 8:27 am
---------------------------------------------------------
The parent order says the contravention is made out where there
are no parking bays, if there is indeed obstruction of free
movement which there does not appear to be.
But the key is that there is nothing to tell you you are in a
car park subject to conditions.
[i]b Where parking bays are marked, all vehicles must be parked
within the limits of a marked parking bay;
c Where no parking bays are marked, vehicles may park in any
area other than an area indicated as being ‘no waiting at any
time’ or a ‘restricted area’, provided that no vehicle may to be
parked so as to obstruct the free movement of vehicles and
pedestrians or access to any part of a housing estate road or
housing estate car park or parking bay or entrance to premises
in or adjacent to that housing estate road or housing estate car
park;[/I]
HTML https://www.thegazette.co.uk/notice/L-60554-1852862
#Post#: 92338--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: EvaporatedMilkCoffee
Date: October 1, 2025, 8:38 am
---------------------------------------------------------
--- Quote from: stamfordman link ---
>
> The parent order says the contravention is made out where
there are no parking bays, if there is indeed obstruction of
free movement which there does not appear to be.
>
> But the key is that there is nothing to tell you you are in a
car park subject to conditions.
>
> b Where parking bays are marked, all vehicles must be parked
within the limits of a marked parking bay;
>
> c Where no parking bays are marked, vehicles may park in any
area other than an area indicated as being ‘no waiting at any
time’ or a ‘restricted area’, provided that no vehicle may to be
parked so as to obstruct the free movement of vehicles and
pedestrians or access to any part of a housing estate road or
housing estate car park or parking bay or entrance to premises
in or adjacent to that housing estate road or housing estate car
park;
>
>
HTML https://www.thegazette.co.uk/notice/L-60554-1852862
>
--- End Quote ---
Can I expect to receive assistance in writing a draft appeal, or
will I have to do this myself? I want to be able to present an
articulate argument citing all the correct legislation so as to
leave no gaps for the council to reject my appeal.
#Post#: 93556--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: EvaporatedMilkCoffee
Date: October 10, 2025, 3:26 am
---------------------------------------------------------
Hi Everyone,
Not sure how to tag users so I hope this reaches you all.
I appreciate there are multiple on going cases but just want to
know if I have all the necessary information here to go ahead
and draft an appeal.
Thanks,
#Post#: 93611--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: stamfordman
Date: October 10, 2025, 10:35 am
---------------------------------------------------------
I would send the below.
---------
The contravention did not occur.
The council alleges I was in contravention of an off-street
restriction but there is no terms board establishing that the
garage area is an off-street car park, and which would lawfully
set out terms and conditions for parking.
In any case there was no obstruction of access to the garages.
I look forward to early confirmation of cancellation of this
PCN.
#Post#: 93628--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: EvaporatedMilkCoffee
Date: October 10, 2025, 11:58 am
---------------------------------------------------------
Thank you, that is much appreciated.
I will send an update in any case.
#Post#: 96894--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: EvaporatedMilkCoffee
Date: November 5, 2025, 4:51 am
---------------------------------------------------------
The council has responded.
HTML https://postimg.cc/bGW9s5JF
- Link to full response
“ We have carefully considered your comments, but we have
decided not to cancel your PCN.You were issued a PCN for causing
an obstruction. In a car park with marked spaces or areas, you
need to park so that your entire vehicle is inside these lines.
If there are no marked spaces or areas, you need to park so that
other cars, pedestrians and emergency vehicles will be able to
move freely.”
#Post#: 96896--------------------------------------------------
Re: Council Issued PCN for “Parked causing an obstruction”
Location “Outside Garages”
DIR By: stamfordman
Date: November 5, 2025, 5:15 am
---------------------------------------------------------
So they say what you need to do but where is the terms board
that tells you this? Where is any information that tells you
this is a car park managed by Southwark?
I would go on with this but the stakes are high with the extra
£80 so see what others say.
Choices 2 and 3 on the rejection are also nonsense as they refer
to dates already gone.
The other factor is the sign that says permit holders parking
beyond this point, which you complied with and in fact signifies
an on-street permit parking area not an off-street car park.
Did they send you any instructions about using the permit?
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