Author Topic: Code 62 - for parking on Driveway with all 4 wheels  (Read 692 times)

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Adam_a2z

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Code 62 - for parking on Driveway with all 4 wheels
« on: December 04, 2023, 02:46:02 pm »
Good Afternoon,

Received a PCN whilst car was parked in driveway with all 4 wheels, as can be seen from the photos.

Contravention code 62 states parked with one or more wheels on the footway.

This clearly is not the case and I sent an appeal on the basis that the allege contravention did not occur as all 4 of my wheels are within private land.

Redbridge Council have rejected my appeal which seems like standard response, see attached, and not sure if I am missing something here...

Please advise whether I should either pay or wait for Notice to Owner and make form Representation.

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Pastmybest

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #1 on: December 04, 2023, 03:07:35 pm »
Looks like you were given the PCN because of the overhang, but thats not the contravention. You are right the response is nothing more than a template sent by the teaboy wait for the NTO we could also do with a GSV link

Adam_a2z

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #2 on: December 04, 2023, 03:15:43 pm »
Sorry what is GSV short for?

Princeperch

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #3 on: December 04, 2023, 05:45:07 pm »
Funnily enough I have a similar driveway arrangement and I also live in Redbridge.

I get the feeling that some areas of Redbridge are more enforced than others for this. My car has an overhang onto the pavement, it's probably half as much as yours is though and I've never had a ticket.

My neighbour leaves his car overhanging by more than yours is and has never had a ticket.

I think these things are only enforced if there is a specific complaint made by a neighbour or a member of the public so it might be worth seeing if you can get hold of any internal records which would indicate whether someone has made a complaint about your car or not.

H C Andersen

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #4 on: December 04, 2023, 06:31:19 pm »

The council's problem - it shouldn't be a problem, but it is - is that for contraventions which relate to orders made by them they would specify that the whole vehicle is what's in play, overhang and all.

But this isn't based in an order, it's a statutory prohibition and the wording couldn't be clearer:

1)Save as provided in subsections (3), (4), (7) and (11), any person who causes or permits any vehicle to be parked in Greater London with one or more wheels [F2on or over any part of a road] other than a carriageway [F3, or on or over a footpath,] shall be guilty of an offence

The CEO should have known better and the authority should know better than to spout what is objectively disproved by their own photos. But this is symptomatic of the poor standards which are widespread in councils.

Their pensions are good though!

The photos show a badly damaged footway which suggests that you don't have a crossover although there seems to be a sloping kerbstone in the background. Whether this might be an issue for the future, I don't know, but it's not germane to the PCN.

mickR

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #5 on: December 04, 2023, 06:31:49 pm »
Sorry what is GSV short for?
Google Street view

Adam_a2z

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #6 on: December 04, 2023, 06:58:28 pm »
Not clear from photo but there is a crossover which has been in place for over 20+ years. 

Also been parking this car on the driveway since 2019 and never received a PCN or even prior.


cp8759

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #7 on: December 11, 2023, 02:38:15 pm »
It doesn't look like a contravention to me, however please give us the PCN number and the number plate please.

In any event you need to wait for the notice to owner.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Adam_a2z

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #8 on: December 11, 2023, 03:53:16 pm »
PCN no: AF06675384

VRM: HV65DTO.

Thanks

Adam_a2z

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NOTICE TO OWNER Stage Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #9 on: December 30, 2023, 02:53:08 pm »
NTO received - see attached.

Chaseman

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #10 on: December 30, 2023, 03:09:55 pm »
The NTO repeats the wording of the original PCN and their rejection of the informal challenge "one or more wheels on or over any part of the road other than the carriageway" and the photos show this clearly not to be the case. Are the photos yours or the Council's? Either way I cannot see how you can fail to succeed with an appeal either against NTO or at LT if the Council continues to play dumb.

Adam_a2z

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NTO Stage: Code 62 - for parking on Driveway with all 4 wheels
« Reply #11 on: December 30, 2023, 03:22:06 pm »
The photos are the council's, taken by the CEO.


Chaseman

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Re: NTO Stage: Code 62 - for parking on Driveway with all 4 wheels
« Reply #12 on: December 30, 2023, 03:39:29 pm »
The photos are the council's, taken by the CEO.

So much the better. The Council's own photos show the car with all wheels on the driveway and they are claiming that one or more is on the footpath. This is just Kafkaesque. Or Byzantine. Choose your own adjective.

cp8759

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #13 on: January 02, 2024, 08:56:57 pm »
Here you go:

Dear London Borough of Redbridge,

I challenge liability on the ground that the alleged contravention did not occur. As the CEO's own photos show, the conduct alleged on the face of the PCN did not occur because all the wheels are on a private driveway and not on the highway, it follows that the PCN must be cancelled.

Yours faithfully,
« Last Edit: January 21, 2024, 06:17:14 pm by cp8759 »
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

Incandescent

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #14 on: January 02, 2024, 11:25:58 pm »
Here you go:

Dear London Borough of Redbridge,

I challenge liability on the ground that the alleged contravention did not occur. As the CEO's own photos show, the conduct alleged on the face of the PCN did not occur because all the wheels are on the carriageway, it follows that the PCN must be cancelled.

Yours faithfully,
On the property of the owner, surely ?