Author Topic: City council parking acting illegally  (Read 1024 times)

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City council parking acting illegally
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I was issued a PCN contravention code 01 "Parking in a restricted street during prescribed hours" challenged as there were no signs or kerb markings, supplied photos proving this. Then they try to fine me for parking too close to road junction in an email. Is this illegal

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Quote from: andy_foster
Mick, you are a very, very bad man

Re: City council parking acting illegally
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Wording of the Highway Code
Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. See an explanation of the abbreviations.

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see The road user and the law) to establish liability. This includes rules which use advisory wording such as ‘should/should not’ or ‘do/do not’.


Rule 243
DO NOT stop or park:

near a school entrance
anywhere you would prevent access for Emergency Services
at or near a bus or tram stop or taxi rank
on the approach to a level crossing/tramway crossing
opposite or within 10 metres (32 feet) of a junction, except in an authorised parking space
near the brow of a hill or hump bridge
opposite a traffic island or (if this would cause an obstruction) another parked vehicle
where you would force other traffic to enter a tram lane
where the kerb has been lowered to help wheelchair users and powered mobility vehicles
in front of an entrance to a property
on a bend
where you would obstruct cyclists’ use of cycle facilities
except when forced to do so by stationary traffic.


Is it illegal? It could be as in causing an obstruction but this would be a police matter and not one which an authority has any power to enforce.

However, there are some authorities which make up their own rules and penalise drivers in such circumstances.

Should they be allowed to continue? No, it brings councils into disrepute.

But we are where we are and some will continue to bully and abuse their power until they're faced with the spotlight of adjudication.

Re: City council parking acting illegally
« Reply #3 on: »
I was issued a PCN contravention code 01 "Parking in a restricted street during prescribed hours" challenged as there were no signs or kerb markings, supplied photos proving this. Then they try to fine me for parking too close to road junction in an email. Is this illegal
If you want to persue this, then read this first and update your thread accordingly. No detailed advice can be give otherwise.
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/

As HCA says, some councils play fast and loose with their legislative powers, and as most people just cough-up the money when they get the PCN, make lots of moola from PCNs. It's a major source of income to councils and there are no penalties on them for acting illegally. would that there were !!