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Hoping for a steer before I put my representations in.

The car picked up a code 62c from Southwark (one or more wheels on a footpath or part of a road other than the carriageway, on a vehicle crossover). First we knew of any of it was the Notice to Owner that arrived in the post in April 2026. Nothing was ever found on the car at the time. I will be straight though: one of the council photos does look like it shows a yellow ticket under the wiper, so I am not pinning much on the never served angle. The date on their photos is 24 January 2026, around 14:14.

Details for reference:
Council: Southwark
PCN: JK19046503 (happy to redact)
Vehicle: red Tesla Model S, V11KDV
Contravention: 62c
Stage: Notice to Owner, received April 2026

The part I actually want help with is where the car was. It was on the paved area right at the entrance into a gated development site. The photos show the green security hoarding and railings around the site, a painted mural, some fake grass and a striped barrier with GATE 13 on it. The driver took that to be the private access into the site, not the public pavement, and parked on that basis.

I have looked at the photos properly and I can see the council side of it too. The car is off the road, there is the bumpy tactile paving right in front of it, there is a normal pavement running alongside with people walking past, and the carriageway is just beyond. The c on the code means they are saying the wheels were on the crossover, the dropped section where vehicles cross in. So I understand why they have treated it as footway.

What I am trying to work out:

1. Is this basically all down to whether that paved area is adopted public highway? If it is not council maintained highway, can they issue a 62 there at all?

2. How do I actually prove the status of the ground? I was thinking the council List of Streets, the adoption records, Land Registry for the site, and anything like a hoarding licence or a s278 or s38 agreement for the building works. Is that the right route, and what carries the most weight?

3. Even if the land behind the railings is private, does the crossover itself still count as public footway, which would sink the point?

4. Does the driver genuinely believing it was private land help at all, or is footway parking effectively strict liability so that is only mitigation?

5. The gap between the contravention in January and the NTO in April, worth raising or just normal? Still trying to dig out the NTO to check the actual dates.

6. As we never got the original ticket, is there any chance of the discount being reinstated if it is upheld?

7. What should I be asking Southwark to send me before I submit representations?

I understand I have 28 days from the NTO to do formal representations, then London Tribunals if they reject. Mainly I want a view on whether the development site point is realistic or whether I am wasting it.

Thanks in advance.

Is the car leased or are you the registered keeper?

In any event, if you received the NTO in April then the 28 days for making statutory reps has passed, but as a Charge Cert. hasn't been issued you might be lucky.

For meaningful advice please post up GSV link to the location,
any council photos,
and all of the NtO (only redact yr name & address - leave all else in).

The vehicle was parked parallel to the road at the GATE 13 entrance to a gated development site. Google Street View, July 2024 imagery, shows the recessed gated entrance, the security hoarding, the tactile paving and pedestrian use:

On Southwark’s own mapping, with the Adopted Highway layer enabled, the development land, including the hoarding line and entry gap, is not shown as adopted highway, whereas the carriageway and footway of Elephant Road are. On my reading the vehicle stood wholly on the unadopted land.

I take it you were roughly here?

The council has GIS mapping here which you can use to look up the extent of adopted highway - the "crossovers" are part of the adopted pavement. Unless you actually mean you were behind the pavement and on the construction site itself?

Thanks for digging up the location and the GIS map it helped.

Quote from: John U.K. on May 29, 2026, 01:53:49 pm

For meaningful advice please post up GSV link to the location,
any council photos,
and all of the NtO (only redact yr name & address - leave all else in).

The vehicle was parked parallel to the road at the GATE 13 entrance to a gated development site. Google Street View, July 2024 imagery, shows the recessed gated entrance, the security hoarding, the tactile paving and pedestrian use:

Find local businesses, view maps and get driving directions in Google Maps.

Find local businesses, view maps and get driving directions in Google Maps.

Find local businesses, view maps and get driving directions in Google Maps. · maps.app.goo.gl

On Southwark’s own mapping, with the Adopted Highway layer enabled, the development land, including the hoarding line and entry gap, is not shown as adopted highway, whereas the carriageway and footway of Elephant Road are. On my reading the vehicle stood wholly on the unadopted land.

Quote from: davidmcn on May 29, 2026, 03:40:35 pm

I take it you were roughly here?

The council has GIS mapping here which you can use to look up the extent of adopted highway - the "crossovers" are part of the adopted pavement. Unless you actually mean you were behind the pavement and on the construction site itself?

Thanks for digging up the location and the GIS map it helped.

Any other thoughts from anyone please.

Has there been any case law if merely touching the line is de minimus? Surely there must be an aspect of detriment and proportionality for an offence - just like tyres touching the border of a parking bay etc.