DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 107508--------------------------------------------------
Ealing Council code 62 (wheels on or over footpath) with no
evidence
DIR By: zepromz
Date: January 27, 2026, 9:00 am
---------------------------------------------------------
Hi. Just asking advice at this stage.
Can anyone help with the exact meaning of "Parked with one or
more wheels on or over a footpath" as it is not clearly outlined
anywhere I can find. Obviously if the bottom of the tyre is
on/contacting a footpath, then thats a contravention.
But what does "over" mean? Tyre contacting road but rest of
wheel overhanging, or is there another definition?
Only asking as I got a Code 62 with "evidence" showing 1 wheel
completely behind my driveway property line and the other one
not pictured.
#Post#: 107515--------------------------------------------------
Re: Clear definition of "wheels on or over a footpath"
DIR By: tincombe
Date: January 27, 2026, 9:23 am
---------------------------------------------------------
Try this to start: Neutral Citation Number: [2007] EWCA Civ 823
It's a Court of Appeal judgment.
Please note the READ THIS FIRST requirement on the first page of
the forum.
#Post#: 107536--------------------------------------------------
Re: Clear definition of "wheels on or over a footpath"
DIR By: John U.K.
Date: January 27, 2026, 11:24 am
---------------------------------------------------------
Welcome to FTLA.
If your PCN is live please read this
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post up here both sides of the unredacted PCN
any council photos
and
a GSV link to the location.
There is always the possibility of mistakes in the 'small print'
#Post#: 107547--------------------------------------------------
Re: Clear definition of "wheels on or over a footpath"
DIR By: zepromz
Date: January 27, 2026, 12:27 pm
---------------------------------------------------------
Thanks John, I was purely looking for a definition of "over"
before I go any further. I've started a proper topic.
#Post#: 107556--------------------------------------------------
Ealing Council code 62 (wheels on or over footpath) with no
evidence
DIR By: zepromz
Date: January 27, 2026, 1:11 pm
---------------------------------------------------------
I was ticketed on my own driveway with a Code 62 (wheels on or
over footpath).
They attached 4 almost identical photos showing wheels behind
the property line.
I responded with a challenge:
"Contravention 62 states "Parked with one or more wheels on or
over a footpath or any part of a road other than a carriageway".
The evidence photos on the PCN clearly show my wheels on my
private driveway and not the footpath. I have been issued this
PCN in error."
The council have declined that and their website is a little
vague as to how to proceed.
The decline letter states "If the PCN remains unpaid after the
end of the period of 28 days beginning with the date on which
this Notice of Decline is served on you, we will send a Notice
to Owner".
So are they suggesting I ignore it and wait until they take
action against me until I have a right of formal representation?
I'd like to know how best to proceed as they don't seem to have
a case for issuing the ticket in the first place.
I've been parking on this driveway for over 30 years and neither
myself or any neighbours have been ticketed before despite it
being a CPZ with wardens out twice a day.
PCN:
HTML http://www.death.plus.com/temp/20260127_185228L.jpg
DECLINE:
HTML http://www.death.plus.com/temp/20260127_185459L.jpg
DECLINE:
HTML http://www.death.plus.com/temp/20260127_185515L.jpg
PHOTO:
HTML http://www.death.plus.com/temp/20260127_185544L.jpg
GSV:
HTML https://maps.app.goo.gl/tzoN1ZZ76qvo69zUA
#Post#: 107558--------------------------------------------------
Re: Clear definition of "wheels on or over a footpath"
DIR By: stamfordman
Date: January 27, 2026, 1:22 pm
---------------------------------------------------------
Each case turns on its facts. If you don't want help we'll put
it in the flame pit section.
'Over' is an added amendment to the original act probably to
remove a loophole about where the wheels are.
#Post#: 107569--------------------------------------------------
Re: Ealing Council code 62 (wheels on or over footpath) with no
evidence
DIR By: zepromz
Date: January 27, 2026, 1:56 pm
---------------------------------------------------------
Well, yes. As I said above, I'd like to know how best to proceed
with getting this PCN dropped.
#Post#: 107570--------------------------------------------------
Re: Ealing Council code 62 (wheels on or over footpath) with no
evidence
DIR By: mickR
Date: January 27, 2026, 1:58 pm
---------------------------------------------------------
Ealing must be desperate for money, a disputable contravention
in a cul de sac ... jeeezus.
to me it looks like the front wheels are both on the OPs
property. as far as I know there is no provision for the
bodywork to be included in a contravention.
Have you received a Notice to Keeper yet?
a reply to that is the formal appeal.
edit, looking again the drivers front wheel looks like it might
be on the pavement. Is the photo yours or the CEOs? if its the
CEOs photo and there are not any others then it is helpfull to
or case
#Post#: 107576--------------------------------------------------
Re: Ealing Council code 62 (wheels on or over footpath) with no
evidence
DIR By: zepromz
Date: January 27, 2026, 2:33 pm
---------------------------------------------------------
Yup, that is one of 4 almost identical photos they attached to
the PCN online. And they still declined my challenge.
I have only had the decline letter to my challenge, and it is
vague where it goes from here hence asking for advice, as Ealing
are implying I do nothing and wait for them to send Notice To
Keeper.
Also, their website is pretty awful, it skips any detail about
what to do with a Notice, then jumps to implying I will have to
pay the whole fine before they will proceed with an appeal?
HTML https://www.ealing.gov.uk/info/201180/tickets_and_fines/2945/disputing_a_penalty_charge_notice_pcn
#Post#: 107581--------------------------------------------------
Re: Ealing Council code 62 (wheels on or over footpath) with no
evidence
DIR By: mickR
Date: January 27, 2026, 3:32 pm
---------------------------------------------------------
yes wait for the NTK
*****************************************************
Page 1 of 2
DIR Next Page