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

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Chaseman

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #15 on: January 03, 2024, 01:49:58 am »
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 ?

Quite so. Or "none of the wheels are on the footpath".

mrmustard

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #16 on: January 03, 2024, 08:54:53 am »
I agree that the PCN is 100% wrong but if the car is usually parked like that it is inconsiderate to the blind, to wheelchair and power chair users, to families with buggies etc. Time to buy a shorter car or park elsewhere.
I help you pro bono (for free). I only ask that a donation is made to the North London Hospice if you can afford it and if you win. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless.

Adam_a2z

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Notice of Rejection - Code 62 - for parking on Driveway with all 4 wheels
« Reply #17 on: January 21, 2024, 04:09:14 pm »
Hi All.

Please see attached Notice of Rejection of Representation.

Please advice if I shall proceed to The Tribunal and on what grounds?

cp8759

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #18 on: January 21, 2024, 06:33:22 pm »
Well the obvious ground to carry on is that none of the wheels were over the footpath, what you really need to decide is whether you'd like to appeal on your own or whether you'd like one of us to represent you, if you'd like me to do so please drop me a PM.

Obviously the outcome cannot be guaranteed, but we only recommend appealing if you're more likely than no to win the appeal.
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

H C Andersen

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #19 on: January 21, 2024, 06:37:07 pm »
Your parking is exactly the nuisance which the law is designed to prevent and a purposive interpretation would find that you were in contravention.

So, would it be permissible for an adjudicator to disregard the words 'any person who causes or permits any vehicle to be parked in Greater London with one or more wheels on or over any part of a road other than a carriageway..' in order to deliver the intention of the legislation which is to prevent motorists obstructing pedestrians' right to pass freely and preventing damage to the footway?

I think you could succeed, but IMO you need to reword your appeal which almost invited the response you've received.

As a cautionary word on the intention of the legislation aspect, read s.15(4) which refers to authorities' power to disapply the prohibition and which does not refer to 'wheels' on or over but 'a vehicle on or over'.

Perhaps...'I can see that the boot of my car extended over the footway which was not my intention and for which I apologise, [if true...I must not have pulled forward fully as I usually do...' But not: none of my wheels was on the footway so I can park this way as I've done since time immemorial'! A little OTT I grant you, but don't push your luck by simply quoting 'wheels'.

Perhaps there's a body of adjudication decisions which would allow the adjudicator to take a strict view of the meaning and application of 'wheels'.
« Last Edit: January 21, 2024, 07:02:11 pm by H C Andersen »

mickR

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #20 on: March 18, 2024, 10:51:29 am »
Quote
So, would it be permissible for an adjudicator to disregard the words 'any person who causes or permits any vehicle to be parked in Greater London with one or more wheels on or over any part of a road other than a carriageway..' in order to deliver the intention of the legislation which is to prevent motorists obstructing pedestrians' right to pass freely and preventing damage to the footway?

are you suggesting the adjudicator should "disregard" the written law to accommodate your own personal view and assumption of what Parliament intended?

H C Andersen

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #21 on: March 18, 2024, 01:25:17 pm »
Not what I said at all.

I quoted the prohibition verbatim and I posed a question. I also suggested an apologetic approach to any appeal*.

That the vehicle was presenting an example of the nuisance which the prohibition was written to address is IMO indisputable, so how would an adjudicator respond? We know what should happen, but adjudicators can be fickle.

*- the time period for making an appeal has lapsed. OP, did you register an appeal? 

mickR

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #22 on: March 19, 2024, 10:09:16 pm »
@HCA I'm not following you.
The contravention alleged is having "wheels" on or over... etc.
you accuse the OP of a "parking nuisance"
you ask if an adjudicator could disregard the law as its written for some unknown reason.
you then confuse matters by introducing an irrelevant point about the authority's ability to disapply the prohibition for a "vehicle" which in it's self allows the exact "parking nuisance" you accuse them of. This despite not being the contravention alleged.


H C Andersen

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #23 on: March 19, 2024, 10:27:45 pm »
The OP's parking created exactly the nuisance the law was introduced to penalise and this is indisputable IMO. The nuisance is clear for everyone to see.

I have said that they should succeed, but they need to acknowledge the nuisance they created.

My other references were simple. The power of an authority to disapply the prohibition is as follows:

4)A highway authority may by resolution, or in the case of the Secretary of State by such notice as appears to him to be appropriate, authorise, from a date specified in the resolution or notice, the parking of vehicles[F7

(a)]on, or [F8on or over a road or part of a road] which is a highway other than a carriageway[F


No mention of wheels, which occurs in the prohibition, which is odd because surely vehicles are already permitted to park 'on or over' provided that their wheels aren't 'on or over'. As you can see, these are not exactly complementary and I simply posed the question - in fact a warning- to the OP to tread carefully. Make their point, but not in a finger-wagging manner.

Adjudicators can be fickle.

cp8759

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #24 on: March 30, 2024, 09:38:00 pm »
H C Andersen is on a posting holiday.

In the meantime here's the outcome.
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

mickR

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #25 on: April 01, 2024, 09:54:13 pm »
H C Andersen is on a posting holiday.

well confusing posts do no one any favours
Quote
In the meantime here's the outcome.
Did you expect a dnc?

cp8759

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #26 on: April 01, 2024, 10:15:03 pm »
Did you expect a dnc?
Not particularly, a no evidence case is not quite the same as a DNC. But Redbridge have had staffing issues for years, so it's not that surprising.
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

baroudeur

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #27 on: April 02, 2024, 12:10:50 pm »
H C Andersen is on a posting holiday.

In the meantime here's the outcome.

Just to clarify is it a holiday or "involuntary holiday"?


mickR

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Re: Code 62 - for parking on Driveway with all 4 wheels
« Reply #28 on: April 05, 2024, 07:49:02 pm »
I would suggest any "posting holiday" would be involuntary