3. Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
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Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
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Hello fellow forum members,

I recently found myself in a bit of a parking predicament and could use some advice on how to handle it. I was issued a ticket for Contravention Code 62(4), which relates to parking with one or more wheels on or over a footpath. Here's the situation:

I had boxes in my car that I needed to unload for a shop, and I even had a delivery note to prove it. When I arrived at the shop, I found the gate that led to the side entrance (as shown in the picture) was locked. In a bit of a hurry, I quickly went out of my car to ask the shop staff to open the gate for me. They were quite busy, so they handed me the key and asked me to open it myself.

When I returned to my car, which didn't take more than a minute. To my surprise, I saw a parking officer putting a ticket on my car. I tried to explain the situation to him, even showing him the key (as you can see in the last picture), but he didn't seem interested and quickly left on his motorbike.

My question is: Is it wiser to explain that I only went to request the key or to clarify that I proceeded with unloading? (Given that I received the ticket, I stayed to complete the unloading since it was closer to the shop entrance). Is it legally permissible to conduct unloading in such a parking situation?

I'd appreciate any advice, Thanks in advance!

More pictures: https://photos.app.goo.gl/N64Q3kvAJKnoHnzF7

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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #1 on: »
Here you go, send this via the council website and keep a screenshot of the confirmation screen:

Dear London Borough of Haringey,

I challenge liability on the basis that my vehicle was not parked, it was merely stopped. Section 15(1) of the Greater London Council (General Powers) Act 1974 uses the expression "parked", which is seldom used in legislation, but is generally understood to mean waiting.

On this occasion I was delivering goods to (name of shop), the shop has off-street parking but when I arrived the gate was locked. I therefore had to stop my car temporarily to get the key from the shop staff so I could open the gate.

Stopping temporarily to open a gate or other barrier to off-street land is not a contravention on red routes, loading restrictions or other locations, because such temporary stopping is not deemed to be "waiting" within the meaning of the legislation. I would contend that in these circumstances my vehicle was not "parked" within the meaning of section 15(1) of the 1974 Act, because my vehicle was merely temporarily stopped and it remained stopped for no longer than was strictly necessary for me to open the gate and drive the vehicle into the off-street land attached to the shop.

As my vehicle was not parked, the alleged contravention did not occur.

Yours faithfully,
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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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #2 on: »
Thank you for the prompt response and the helpful letter. Your support is greatly appreciated.
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #3 on: »
Quote from: zwi on October 27, 2023, 12:57:22 pm
Thank you for the prompt response and the helpful letter. Your support is greatly appreciated.

Times ticking and you have a deadline to challenge.
If you haven't sent yet, do so.

If they reject, don't panic, just come back and we can take you through next stages
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #4 on: »
Today, I received a "Notice to Owner" letter by post.
Upon checking the Haringey website, I discovered they had sent a Correspondence Letter on 22/11/2023, which I never received—neither by mail nor email.
I've included a link with a copy of today letter.

https://photos.app.goo.gl/yFTq5fenCJaaGfK66

What advice do you have?
Thanks.
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #5 on: »
So you're saying that they sent a response to your informal challenge on 22nd Nov which you have yet to receive, and now you have a Notice to Owner. This, unfortunately is so common that the PCN will have a warning about it if you read the small print. Something along the lines of, 'if you submit a challenge, but get a Notice to Owner anyway, you must respond to the NtO'.
The message is that although you have submitted reps, you must submit them again in response to the Notice to Owner. Do not ignore the NtO, or you'll lose your right to appeal to the adjudicators. All you have to do is resubmit your original reps. Others may comment so wait a bit, but don't miss the deadline on the NtO, or it will be game, set, and match to the council.
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #6 on: »

What did their response say?

It's crucial, so pl find out.

If they replied on 22 Nov. and if they re-offered the discount then this would have been for 14 days and whichever base date applies - date of response or letter - you're home and dry because the NTO which was served on 28th is demanding a penalty which exceeds what is permissible in the circumstances.

Maybe they did not re-offer the discount, they didn't have to as your challenge was not made within the initial 14-day period. But you must find out before you consider your formal reps.
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #7 on: »
Quote from: Incandescent on November 28, 2023, 03:08:49 pm
So you're saying that they sent a response to your informal challenge on 22nd Nov which you have yet to receive, and now you have a Notice to Owner. This, unfortunately is so common that the PCN will have a warning about it if you read the small print. Something along the lines of, 'if you submit a challenge, but get a Notice to Owner anyway, you must respond to the NtO'.
The message is that although you have submitted reps, you must submit them again in response to the Notice to Owner. Do not ignore the NtO, or you'll lose your right to appeal to the adjudicators. All you have to do is resubmit your original reps. Others may comment so wait a bit, but don't miss the deadline on the NtO, or it will be game, set, and match to the council.

Are you suggesting that the council never sent the Correspondence Letter?
Would it be advisable for me to write to them using the representative form, explaining that I did not receive the letter, and requesting that they resend it?
Additionally, why did they send the Notice to Owner (NTO) with the option to repeat representation after already rejecting it?
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #8 on: »
Quote from: H C Andersen on November 28, 2023, 09:31:30 pm

What did their response say?

Maybe they did not re-offer the discount, they didn't have to as your challenge was not made within the initial 14-day period. But you must find out before you consider your formal reps.

As I mentioned, I haven't received their response yet. I'm still hopeful to receive it by mail.
My challenge was not made within the initial 14-day period.
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #9 on: »
Just make the same representations again.
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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 or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #10 on: »
Today, I received a rejection response from Haringey regarding my representations.
See the enclosed link.

https://photos.app.goo.gl/vkD2kmxk7Mh2mRVg8

What's your advice now?

Thanks.
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #11 on: »
Firstly post the NoR the right way up so it can be read then it will be that we can help you with an appeal to the tribunal
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #12 on: »
Quote from: Pastmybest on December 20, 2023, 04:48:56 pm
Firstly post the NoR the right way up so it can be read then it will be that we can help you with an appeal to the tribunal

Done
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #13 on: »
Any advice?
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Re: Contravention Code 62(4) - Parking on Footpath: Unloading Dilemma
« Reply #14 on: »

Any advice?

 '..A response[to your informal reps] was sent [ to the email address given] on 22/12/2023... I have attached a copy..'


Where is it? We need to see whether the discount was re-offered and what conditions applied.

Also, have you checked your junk etc. mail?
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