Hi all,
I have received a reply from the council and my above challenge was rejected. Copy pasted below:
NOTICE OF REJECTION OF REPRESENTATIONS
The Traffic Management Act 2004
Date of Notice: 19 August 2025
Vehicle Registration: ……….
PCN Number: ………..Issued on: 15 July 2025
Contravention: Parked with one or more wheels on or over a footway or any part of a
road other than a carriageway
Date of Contravention: 03 July 2025 Time of Contravention: 20:35
Location: City Road
I have considered your representations received in respect of the above Penalty Charge
Notice. On this occasion I am satisfied that there are insufficient reasons to cancel the
Penalty Charge. This letter explains the details of the penalty issued, my reasons for
rejecting your representations and your options.
Take a moment to carefully read through ALL the sections in this letter (listed
below) before you decide what to do next.
Under the Traffic Management Act 2004 the above vehicle was served with a Penalty
Charge Notice for being parked with one or more wheels on or over a footway or any part
of a road other than a carriageway.
I am satisfied that at this location there are regulatory signs at the start and end of the
restriction, and that there were clear double yellow lines present on the section of
carriageway over which you left your vehicle. The onus remains firmly with the motorist to
comply with any restrictions in place and to park with consideration to other motorists and
pedestrians.
I have noted your comments and can advise that those dropping off or picking up blue
badge holders are permitted to park over a double yellow line restrictions, as long as no
accompanying loading restrictions are also in force and the blue badge and time clock set
at the time of arrival are clearly displayed. However at the time the contravention was
observed your vehicle was also parked partially over the pedestrian footway and this is not
permitted.
Footway parking is not only inconvenient and dangerous for pedestrians, in particular
wheelchair users, those pushing prams, and/or walking with children, but also causes
structural damage to the pavement and underlying infrastructure. Therefore parking on the
pavement is not permitted at any time, and this includes those displaying a valid blue
badge.
The booklet which accompanies the badge advises ‘ Do not park on footways(pavements)
that cause obstruction to pedestrians.’ And also ‘Do not park on a pavement unless signs
permit it.’ I am satisfied that signage at this location indicated that pavement parking was
not permitted, and consequently that this Penalty Charge Notice was issued correctly.
I have also noted the details of the conversation you state took place with the issuing
Officer. I am however satisfied that the case notes indicate the vehicle was first observed
in this position at 20.35hrs, and the PCN was initiated at this same time. The driver then
returned to the vehicle, refused the PCN and drove away. I am therefore satisfied that
there has been no procedural impropriety in this instance.
In view of the above, the decision has been made not to cancel the Penalty Charge Notice.
The amount of £35.00 will be accepted only if payment is made within 21 days from the
date of service of this letter. Once this period has expired the full Penalty Charge of £70.00
will then be due.
The date of service will be two working days after the date of issue of this letter, unless
proven otherwise.
Please note that a copy of this decision notice has been emailed to you at the address that
was provided by you, when you submitted your initial appeal to the Council.
It seems to me they are avoiding the fact of an invalid postal pcn under regulation 10? I’m not comfortable with tpt appeal they are so bad as a whole they rejected a previous appeal of mine based solely on the fact that a contravention did occur.
Thanks in advance for any thoughts of advice at this point ?
