Author Topic: Manchester city council PCN for parking adjacent to footpath  (Read 734 times)

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Re: Manchester city council PCN for parking adjacent to footpath
« Reply #1 on: »
If you were the driver, and also the owner you can tell us,  because council tickets place legal responsibility for paying or appealing on the owner as per the V5C Registration Certificate. Who was driving is irrelevant.  Looking at their evidence photos, they show a fairly clear contravention, but looking in detail, your car is not obstructing anybody from crossing from one side of Hoyle St to the other side. And for setting out on the vast array of tarmac to get to the other side of Western St, there is no equivalent dropped kerb, so I suggest you submit reps stating that you refute the PCN because the car is not blocking the dropped kerb for crossing from one side of Hoyle St to the other side. Post up their response when you get it. At least they'll have to do at least some work for their money.

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #2 on: »
Hi,

Thanks for the reply.

Yes, im the driver & owner of the vehicle. Ok i will submit the reps stating below. I will post their response on here.

Thank you.

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #3 on: »
Hi All,

I have received reply from Manchester city council about my appeal. As expected, they rejected my appeal stating the below.

"The Civil Enforcement of Road Traffic Contraventions
(Representations and Appeals) (England) Regulations 2022

Penalty Charge Notice Number: QM01638810
Date given: 01/08/2025 at 13:43
Place given: North Western Street (City Centre)
Vehicle registration: YA63OKK
Thank you for your enquiry, which we received on 5 August 2025.
You were given a PCN for parking adjacent to a dropped footway. A dropped footway is
where the footway, cycle track or verge has been lowered to facilitate easy access, including
assisting wheelchair users, and other pedestrians.
Dropped footways do not require signs or lines and any vehicle parking alongside a dropped
footway is liable to receive a PCN and; where appropriate, the vehicle may be removed
incurring further charges.
You stated that your vehicle was not parked next to the dropped footway and you were not
obstructing other road users and pedestrians. However I have reviewed the notes and
photographic evidence provided by the Civil Enforcement Officer (CEO) and I am satisfied
that your vehicle was parked adjacent to the dropped footway.
The restrictions around dropped footways exists because vehicles parked this way can get in
the way of pedestrians, especially wheelchair users, blind people or people with prams.
You also stated that a vehicle can park next to a dropped footway so long as it is no more
than 20 minutes. However this is incorrect as there are no grace periods given to vehicles
that are parked in contravention.
I have carefully considered your case and I am satisfied that your PCN was issued correctly,
and I have taken the decision not to cancel it.
To view images taken at the time your PCN was issued, please visit
www.manchester.gov.uk/parking

You have these choices:
1. The PCN will be reduced to £35.00 if it is paid within 14 days from the date this letter was
served.
2. If you do not pay the PCN within 14 days of this letter being served, the charge will
increase to £70.00.
3. If the PCN is not paid or successfully challenged, the Council may serve a Notice to Owner
(NtO) after 28 days of the PCN being served on the owner of the vehicle requiring payment of
the full PCN. The owner can then make representations to the Council and may appeal to an
independent adjudicator if those representations are rejected. The NtO will contain
instructions for doing this.
HOW TO PAY
- Online at www.manchester.gov.uk/parking and follow the links to Pay PCN.
- By telephone credit/debit card payments only. Use our automated payment line 0161 234
5006 (24 hours, seven days a week).Please have your vehicle details and PCN number
ready.
- In person at any PayPoint, you will need to take your PCN to allow the barcode to be
scanned.
Yours sincerely

Derrick Knight
Parking Services Officer
Parking Services"

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #4 on: »
Hi All,

What us tge bext step in here? Do i need to wait till i receive the NTO?


Regards

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #5 on: »
YOur next step is to either pay the discount as per their letter, or wait for the NtO when the discount option is lost. To be frank, I don't think you have a super-strong case, so they'll reject you and you'll then have to take them to the Traffic Penalty Tribunal. The penalty remains the same and there are no extra costs.

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #6 on: »
OK thanks, i will wait for the NTO and update on here. Also in the pics shown by council they show a minimal contravention and the car is not blocking the dropped kerb for crossing from one side of Hoyle St to the other side. Will i have any chance off winning  at tribunal when hearing goes to them?

Thanks
« Last Edit: August 19, 2025, 11:02:09 pm by gunnapr »

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #7 on: »
It's your money, so if you are prepared to risk the full penalty then go for it, but it is not a slam-dunk appeal, I'm afraid.

Point to make about where you parked is that the crossing was not blocked by your car for pedestrians crossing to the other side of Hoyle St, the street running underneath the viaduct, and there is no dropped kerb on the opposite side of Fairfield St.

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #8 on: »
Thanks,

I will make below point with adjudicator when NTO arrives.

Also can i use this exception in appealing as vehicle not parked for moew than 20 mins.

"Please see legislation here - https://www.legislation.gov.uk/ukpga/2004/18/section/86

(5)The fourth exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes".


Thanks


Re: Manchester city council PCN for parking adjacent to footpath
« Reply #9 on: »
Unless you were carrying your friend in a large box it would be appear you don't qualify for the loading exemption.
Funny Funny x 1 View List

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #10 on: »
 ;D

Well made.

OP, you're clutching at straws.

At adjudication a wholly impartial adjudicator might accept an argument that 'adjacent' should be interpreted strictly and that as the lowered footway does not commence until 3+ kerb stones' length when measured from the gully grating and does not begin until the stones have departed from the kerb line against which you were parked then, as you were parked parallel to that kerb line, at that point your car was not adjacent to the kerb and therefore could not be adjacent to the lowered footway and the contravention did not occur.

Others might take the view that such parking should not escape being penalised by such excessive exegesis.

But you're not there yet and if you're prepared to risk the full penalty by pursuing to a NOR which might not re-offer the discount but could contain procedural irregularities then carry on.

Re: Manchester city council PCN for parking adjacent to footpath
« Reply #11 on: »
Hi H C Andersen,

Thanks for the inforamtion.


I will double to check and see if i still have the discounted amount to pay as this looking not good.


Regards