3. Code 86 Shenfield Essex
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Code 86 Shenfield Essex
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Received a Council PCN Code 86
As far as I can see the contravention is only if the whole wheel is outside the line/bay
Not the case here so would like some advice how to phrase the appeal. Will upload PCN and photos taken at the time. Thanks.
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Re: Code 86 Shenfield Essex
« Reply #1 on: »
Well, if you're going to appeal on that argument, you are going to lose. The vehicle must be within the bay markings, and whilst some tolerance is usually applied, your rear wheels are just too far over, sorry to have to say it. Others may disagree, so wait a bit.
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Re: Code 86 Shenfield Essex
« Reply #2 on: »
Thanks for the reply. I'm just basing it on the wording "the whole wheel" in the Code 86 definition and even the whole rear wheel isn't outside the bay? Might be clutching at straws though.
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Re: Code 86 Shenfield Essex
« Reply #3 on: »
So, really I'm going along the de minimis route
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Re: Code 86 Shenfield Essex
« Reply #4 on: »
Also, going through a dry run to appeal on the Brentwood Council portal I can't see where they have posted their photographic evidence??? The portal takes you to a page where they ask for MY evidence without providing their own?
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Re: Code 86 Shenfield Essex
« Reply #5 on: »
As far as I can see the contravention is only if the whole wheel is outside the line/bay

Where does this originate?

The decision tree is:
Has there been a contravention of an order?
If so, what, and which of the contravention descriptions applies?

So:
We need to see the noticeboard in the car park to see what motorists are instructed to do or not do (which is the means by which the provisions of an, as yet unseen, order are conveyed to users of the car park). Edit: https://tro.trafficpenaltytribunal.gov.uk/TRO/Brentwood/Off-street-parking-order-Brentwood.pdf 

- see definition of parking bay and para. 8.

Pl post the back of the PCN - if this allows risk-free reps within a 14-day period then there's no rush so don't go off half-****.


NB. 'so that every part of the vehicle is within the limits of the bay'.

What are limits when marked by lines??
Depends whether you're playing football(where the line is considered part of the playing area) or rugby union or cricket(when it's not).
Or when you're parking!
« Last Edit: August 11, 2025, 09:00:40 am by H C Andersen »
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Re: Code 86 Shenfield Essex
« Reply #6 on: »
To continue the sporting analogy I think I’m on a sticky wicket. The sign matches the order so I may not have a leg to stand on. If there is an appeal on there somewhere would appreciate the help.
There is a 14 day grace period to lodge an appeal where the discount rate is still in place. Thanks.
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Re: Code 86 Shenfield Essex
« Reply #7 on: »
Not really IMO.

IMO, you would refer to the limits of the markings as being the outer edges of the lines and then invite the authority to use the enforcement standard applicable in London, whose contravention codes and descriptions are referenced for outer London authorities' benefit in Annex B to the Secretary of State's (statutory) Guidance, which states(for the equivalent on-street contravention):

'The contravention occurs when.. part of the car is outside the markings of a bay or space. At least one wheel should be wholly outside the parking place.'

The authority should accept that from the perspective of fairness there should be consistent interpretation of 'wholly within markings' because otherwise the issue becomes a lottery. This takes on greater impact in this case when one considers that the borough adjoins a London borough. 

As the offside rear wheel was only marginally over the outer edge of the bay marking you submit that the principle of de minimis applies and the PCN should be cancelled.

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Re: Code 86 Shenfield Essex
« Reply #8 on: »
Brilliant. Thank you. Will crack on with that.
Also, is it odd that the council do not provide their evidence on the website at appeal stage?
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Re: Code 86 Shenfield Essex
« Reply #9 on: »
Local government, like God, moves in mysterious ways its wonders to perform!
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Re: Code 86 Shenfield Essex
« Reply #10 on: »
Ha ha! Indeed
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Re: Code 86 Shenfield Essex
« Reply #11 on: »
Contact the council and ask for their pics.
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Re: Code 86 Shenfield Essex
« Reply #12 on: »
Thanks again, have drafted a heavily plagiarised appeal (below), would appreciate thoughts


Dear Sirs

I am appealing the PCN issued on the following basis

The limits of the bay markings are the outer edges of the lines. I would invite you (Brentwood Borough Council) to use the enforcement standard applicable in London, whose contravention codes and descriptions are referenced for outer London authorities' benefit in Annex B to the Secretary of State's (statutory) Guidance, which states(for the equivalent on-street contravention):

'The contravention occurs when.. part of the car is outside the markings of a bay or space. At least one wheel should be wholly outside the parking place.'


From the perspective of fairness there should be a consistent interpretation of 'wholly within markings' as otherwise the issue becomes a lottery. It should also be considered that Brentwood Borough adjoins a London borough (Havering).

The offside rear wheel was only marginally over the outer edge of the bay marking therefore the principle of de minimis applies and the PCN should be cancelled.
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  3. Code 86 Shenfield Essex