Author Topic: PCN in my own driveway! - Camden Contravention Code 62 - King Henry's Rd  (Read 226 times)

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PCN - CU69969878
London Borough of Camden
King Henry's Rd
Contravention Code 62 - Parked with one or more wheels on or over a footpath or any part of a rod other than a carriageway

Hi
I'm new to this forum. Can someone please help and give me some advice on the following incident?
Our car parked in our own driveway was given a PCN ticket on Monday 3rd of March 2025. We have a dropped kerb and it has been in place since the row of houses were built in the late 1960's as they all had inbuilt garages.
We have lived at this address since 2016 and have owned this car since 2017. We normally park like shown in the photos everyday. Not once have we had an issue/PCN! We were told by the previous owner of the house and neighbours as long as your 4 wheels are parked within the driveway boundary there is no parking rule violation.

With this in mind i challenged the PCN via Camden's website only to receive an enforcement email response today. See images below.
I then called Camden today to ask for details of the criteria for code 62 to try and understand how we had violated the rule. I stated i believe the tyres were in contact with my driveway and not the path. They mentioned the back of the car protruded into the pathway but mayn of our neighbour cars do the same. There is still space for pedestrians to walk past the car. Camden then directed me to this document which has not given any further detail to clear up the matter https://www.camden.gov.uk/documents/d/guest/enforcementprotocol1024

I feel really frustrated and aggrieved about this! I'm also concerned if i pay the PCN without knowing why/how i broke the rule that i will have admitted liability and I will potentially get more tickets in the future.



If anyone can help with this matter i would really appreciated it?

Thanks Richie 



PCN - https://drive.google.com/file/d/12pBshiXiE4Il06ul86rMIl5_b3iweJ1K/view?usp=drive_link
Camden Challenge Response Letter - https://drive.google.com/file/d/1TdCSITIC6I4Xu7Tkxk3g_TB-DctjeqX8/view?usp=drive_link
Camden Challenge Response Letter Pictures - https://drive.google.com/file/d/1ZyUFZfnWYqJ6rZ6QNzQ48Wsytpbz2KHJ/view?usp=drive_link

Picture's taken by me on the day when i found the ticket on the car -
https://drive.google.com/file/d/15zDwnr2wBtG3JzXxE47wsC-EXQvV_1nS/view?usp=sharing
https://drive.google.com/file/d/16sKpz_MLx9atPwoEED6kRwGRWqlCvaeO/view?usp=sharing
https://drive.google.com/file/d/1bHG5NJIXvMYMBKUxdj4U519n4UN1CD7J/view?usp=sharing
https://drive.google.com/file/d/1bow7LRDL8LNjbAFYAdXQC1B8vUFhsym0/view?usp=sharing
https://drive.google.com/file/d/1eKCS1MpRpjVb0v7QQtXG1v25Mayso1bi/view?usp=sharing
https://drive.google.com/file/d/1spFULfojGMCGqaKhysrR5tkUdNsil5S3/view?usp=sharing
https://drive.google.com/file/d/1uqOvMbSDMQaoTtH-7gL7P1jmg8BggAMa/view?usp=sharing
https://drive.google.com/file/d/1zBdpX5orKXKvcKBEpFF2Pkc8KbNMgsqw/view?usp=sharing

Location
https://maps.app.goo.gl/kiHs4kXWSbqAxPXj6

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This is one of your pics and it does look like a contravention. Bear in mind you have a dropped footway so part of the pavement is sloping which narrows the flat accessible area.

Can you get the car in further?


Unfortunately your own photos show your car in contravention.  It is not where the wheels are, but where the car is, and your car is intruding into the footway by about 30 inches if one includes your tow hook.

However, if you disagree with us and the council, you have the absolute right in law to take the council to London Tribunals, for an unbiased judgement. This would mean risking the full PCN penalty.

However, wait a bit and see if any alernative views or appeal suggestions come up.

Thanks  everyone for your replies.

Alot of other cars in the street encroach the footpath but have not been given a PCN. Is there a measurement used to specify a contravention? I need to find this out somehow so that it does not happen again.....

Do you think if i pay the PCN it will set a precedence for the council to give more in the future?

Honestly if this was an issue why couldn't they have used common sense knocked on my door or sent a letter informing me of the rules and how to abide by them?

As you're at formal stage you need to decide if you can press home the legitimate expectation argument if this is common practice by residents.

From the photos your car is causing an obstruction of the pavement. However obstruction is not alleged on the PCN.

The contravention alleged is "Parked with one or more wheels on or over a footpath or any part of the road other than a carriageway."

So the question is are any of your car's wheels on or over the pavement/footpath? There appears to be a concrete strip in between your paving bricks and the paving slabs of the footway presumably marking the edge of the footway. And your rear wheels look like they might be just touching the concrete strip. It's hard to say whether or not they are touching, the rear tyres might be fully on the bricks. It's very subjective

As you are within the 14 day discount window I would submit an informal representation to the effect that no contravention occurred as none of your wheels were on or over the footpath. As evidence by the Civil Enforcement Officer's evidence photos, all wheels are fully on the bricks of your driveway. The Council will normally re-offer the discount if an informal representation is received before the 14 days elapse. You might as well have a go.

Also ask them which of your wheels were on the pavement?The CEO's handbook says that they should record how many wheels are in contravention. And it's not on the PCN.

I imagine they will reject and that ultimately you will need to appeal to the Independent Adjudicator at the London Tribunals. Lose there and it would be the whole penalty of £130 to be paid. Win and it would be £0.

I suggest that you should pursue the matter to the adjudicator if you want to keep parking in the same spot and can't get the car further forward. Be aware that even if you win the adjudication is not binding on any other adjudicator. But it helps were it to happen again.
« Last Edit: March 06, 2025, 12:12:29 pm by Enceladus »

The OP is at formal or pay stage as his initial challenge was rejected.

I take the point about the wheels but it's on or over and a good half the wheel is over it seems.

And of course it's also the case that this contravention is not only for footways but also space where the public has access outside of the carriageway.

That said an adjudicator may find it's marginal and Camden could cancel on legitimate expectation on this first occasion.
« Last Edit: March 06, 2025, 12:54:44 pm by stamfordman »