Free Traffic Legal Advice

Hi all,

I’ve received two PCNs from Edinburgh Council for alleged pavement parking under the Transport (Scotland) Act 2019.

PCNs: ED4589369A and ED45893849
VRM: EA17EFX
Dates: 19/02/2026 and 20/02/2026
Location: Fyfe Lane, Edinburgh

I challenged informally but both were rejected. I’m now deciding whether to take this to the tribunal and would appreciate advice.

Background / layout

This is a new-build residential development with a shared-surface courtyard layout.

- The surface is level throughout – no kerb between the carriageway and where I parked
- The only distinction is a change in paving colour with a flush stone strip
- Parking bays are inconsistently marked (some marked, some not)
- Vehicles routinely straddle both surfaces
- There is a clearly defined raised pedestrian area next to the building, with a proper kerb

The road does not appear on the council’s adopted roads list (though I understand they can still enforce).

Council rejection

The council rejected my challenge and stated:

“the kerb stone is clearly apparent”

However, from their own photos (and mine), the only actual kerb appears to be behind the vehicle next to the building, not between the vehicle and the carriageway.

My argument

I am relying on ground (a): the alleged contravention did not occur

- The area appears to be a shared surface, not a clearly defined footway
- There is no kerb or vertical separation between the vehicle and the carriageway
- The council has not identified where the footway begins
- The only distinction is paving colour, which seems insufficient to define a footway

Questions

- Does this type of shared-surface layout get accepted as a footway in Scotland?
- How important is the absence of a kerb in tribunal decisions?
- Is it worth pushing this to adjudication?
- Anything specific I should include in formal representations?

I have uploaded:

- PCNs and council correspondence
- Council photos
- My own photos showing the layout where other cars have parked similarly

Google Drive link -

Google Street View:

Link -

Thanks in advance for any help.

Sure, I have updated Google Drive with PCN's and the original Appeal + Appeal evidence PDF.