Free Traffic Legal Advice

Hi there, I'm hoping for some advice on fighting a recent PCN received yesterday 27/10 on my vehicle windscreen.

Location: Forest Road E11, resident's permit area. Street view link.

PCN reason: Alleged parking "outside the marked bay."
"621 Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway (one wheel on footway)" PCN images:




The infraction: One wheel appears to have fractionally overshot the white hatched markings on the curb I'd estimate by only an inch or two. The markings are also hatched, making the boundary unclear in relation to the wheel. Pictures here:





Context:

- It's an extremely tight street with garages on one side and no footway there, and the resident bays (where my car was parked) are on the curb/footway side.

- The two houses directly opposite this bay (with their back gardens backing onto Forest Road) are undergoing a major renovation. They are using their back gardens as a staging and parking area, meaning there are constant large articulated lorries, deliveries of materials and builders' vans accessing the property. My car was parked to give maximum operational space for these large commercial vehicles to pass and maneuvre safely without risk of hitting my car or causing a blockage to other drivers or pedestrians.

Image to show proximity to building site:

- My car's parking position, despite the fractional potential overreach, caused zero obstruction to traffic, pedestrians, or adjacent bays.

Is there any potential appeal here perhaps on the basis of de minimis, or with the mitigating circumstance that the car had to be positioned in such a way to aid general traffic flow around large builders' vehicles? Any advice on the strongest legal angles appreciated.

Thanks!

Thank you - I'm planning to appeal to the council with the below. Are there any suggested changes?

Dear Sir or Madam,

I wish to challenge the above PCN issued on 26/10/2025 for the alleged contravention of Code 621 – “Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway.”

The location in question is a designated part-footway parking bay, where vehicles are permitted to park partially on the pavement. My vehicle was parked substantially within the marked area. As the enclosed photographs clearly show, the bay markings are worn and incomplete, making it impossible to determine precisely where the permitted area ends.

The alleged contravention appears to have been issued on the basis that the vehicle was not wholly within the marked area. However, any minor encroachment (if any) was due solely to the unclear and deteriorated markings of the bay. The boundary of the authorised parking area was not adequately indicated, contrary to Regulation 18 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, which requires that restrictions be clearly marked and maintained so that they can be easily seen and understood by motorists.

In addition, the property opposite the bay's back garden is currently being used as an active building site and temporary carpark, with frequent loading and unloading by large commercial vehicles which also need to access the garden. In order to maintain safe clearance for passing traffic and construction activity, it is necessary to park tightly on the already narrow road. My vehicle was positioned responsibly to avoid obstruction or hazard to other road users.

The vehicle was otherwise fully within the intended parking area and caused no obstruction or safety issue. Furthermore, the vehicle was aligned with other parked vehicles and the telegraph pole in the corner of the bay. Any deviation (if any) from the bay markings was minimal — de minimis — and does not warrant formal enforcement action.

For the reasons above, I respectfully submit that the alleged contravention did not occur and that this PCN should be cancelled.

Thank you stamfordman, I've followed your advice and trimmed it down to those key details - will see what comes back!