Free Traffic Legal Advice

Hello,

I was wondering if there is anything to challenge with this PCN.

I was parked on the entrance to a not very busy car park. There was still space to enter and exit the car park.

The contravention stated being "more than 50cm from the edge of the carriageway".

I am wondering if this contravention applies in this situation, and if there is any point of challenging the ticket.

I am disabled and have a disabled badge, so would not be charged had I been on the nearby double yellow line.

Please see image of the PCN here:
https://www.dropbox.com/scl/fi/s78fp1ih7ikhmzjjfk2hq/WhatsApp-Image-2024-11-20-at-23.45.46-1.jpeg?rlkey=14xz4yxnro3p6oyq67pm7apa9&st=xdz3yhai&dl=0

The maps on google are outdated so you can't see the double yellow lines on the road, but not sure if that makes a difference. They go round the kerb just into the driveway, and I was parked in front of the driveway in line with the regular parking on the road.
https://maps.app.goo.gl/DRz5ctujgZMeahPKA


Thanks all for your help.

PCN photos here for ease

IMO, contravention did not occur.

OP, to give you the full prohibition...

85Prohibition of double parking etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

So, quite clearly what you did was not the nuisance agsinst which the prohibition is targeted.

Anyway, from what I can see, you were parked on the carriageway adjacent to its edge right next to a vehicle crossover which gives access to a parking area off the road.

The DYL are actually marked on the footway, not a carriageway at right-angles to the main road.

Others will have views.

IMO, the edge of the carriageway is not determined by where a contractor might have put yellow paint(although I accept that this should only be placed at the edge of the carriageway) - we've seen numerous examples where over-zealous councils have extended yellow lines into housing estates, car parks, across footways and even the entrance to a cemetery I seem to remember.

The council's highway terrier - which has probably been digitised- would be taken as determinative by an adjudicator IMO.

?
'I was parked on the entrance to a not very busy car park' i.e. a vehicle crossover.

This does not alter the position of the edge of the carriageway.

Arguably ss85 and 86 of the TMA are complementary in this situation:

If it's a crossover, then 'parked on the carriageway adjacent to a lowered footway..' would apply.

But if it's a carriageway, then arguably s87.

IMO, it's the wrong contravention and should by code 27, not code 26.

No such thing as a carriageway over a footway.

A vehicle crossover remains a footway, it's just that vehicles are permitted to cross the footway in order to access and exit whatever lies beyond e.g. car park etc. Ordinarily it's an offence to drive a vehicle on a footway.

IMO, there's only one carriageway here and you were parked slap-bang on it.

But don't do it again because you were parked where the footway has been lowered to meet the carriageway, which means this applies:

https://www.legislation.gov.uk/ukpga/2004/18/section/86

Hi,
I know it's been a long time, but I thought better late than never to update on the outcome. Again thanks for all your help.

https://imagekit.io/public/share/nfe44pqac/1861e908ce044747e0df6b35a3f05939e501ee0045a1b78a9e90f753d4840fa31d6decf2f0e07cf81024b301640d8f7c38d72b6418f2e22b51e1a1898ad7e63ad99a33bbef0148d69af84f664e70e251