Author Topic: Ealing Council code 62 (wheels on or over footpath) with no evidence  (Read 125 times)

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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.
« Last Edit: Yesterday at 07:49:32 pm by zepromz »

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Re: Clear definition of "wheels on or over a footpath"
« Reply #1 on: »
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.

Re: Clear definition of "wheels on or over a footpath"
« Reply #2 on: »
Welcome to FTLA.

If your PCN is live please read this
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'

Re: Clear definition of "wheels on or over a footpath"
« Reply #3 on: »
Thanks John, I was purely looking for a definition of "over" before I go any further. I've started a proper topic.
« Last Edit: Yesterday at 07:11:58 pm by zepromz »

Ealing Council code 62 (wheels on or over footpath) with no evidence
« Reply #4 on: »
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: http://www.death.plus.com/temp/20260127_185228L.jpg
DECLINE: http://www.death.plus.com/temp/20260127_185459L.jpg
DECLINE: http://www.death.plus.com/temp/20260127_185515L.jpg
PHOTO: http://www.death.plus.com/temp/20260127_185544L.jpg
GSV: https://maps.app.goo.gl/tzoN1ZZ76qvo69zUA

Re: Clear definition of "wheels on or over a footpath"
« Reply #5 on: »
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.

Well, yes. As I said above, I'd like to know how best to proceed with getting this PCN dropped.

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
« Last Edit: Yesterday at 08:05:25 pm by mickR »
Quote from: andy_foster
Mick, you are a very, very bad man

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?
https://www.ealing.gov.uk/info/201180/tickets_and_fines/2945/disputing_a_penalty_charge_notice_pcn

« Last Edit: Yesterday at 08:38:24 pm by zepromz »

yes wait for the NTK
Quote from: andy_foster
Mick, you are a very, very bad man

Well, yes. As I said above, I'd like to know how best to proceed with getting this PCN dropped.
Like most people we see on here, you are not familiar with the legal process; that's why we are all here to help you !!
Essentially all you have done so far is to submit an informal challenge to the PCN. In the legal process, the owner as per the name and address on the V5C Registration Certificate has legal responsibility for a PCN (pay or appeal), but the driver can submit a challenge. However legal responsibility remains with the owner.

So the only real way to fight an obdurate council is to take them all the way through the process ending up at the adjudicators. Doing this means you lose the discount option, and councils ruthlessly 'game the system' by refusing virtually all informal challenges, knowing that most people, (like >95%) then just cough-up to get the discount, not knowing anything about the legal process, and thinking it could get them into owing serious money.

So now, as the owner of the car, if you're not happy with their response, you have the option of paying the discount,  (like >95% of people do), or taking the matter further. This means you must now wait for the Notice to Owner and submit formal representations as owner of the car, against that. When the council refuse these, you can register an appeal at London Tribunals. From this point on, you would be in for the full PCN penalty. Having said that, most councils, (except Havering), re-offer the discount when rejecting formal representations against a Notice to Owner. The maximum you would ever have to pay is the full PCN penalty if you lose at London Tribunals. Of course if you win you pay nothing.
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Thanks Incandescent, thats very helpful. I'll wait until they give me NTK then post on this thread to follow up.

If you have been parking like that for years, legitimate expectation of no enforcement can hold away with the tribunal.

In your case I'd lead on no contravention though.

They may be back so park as far in as you can.
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