Author Topic: PCN received from council for parked with one or more wheels on or over a footpath (642)  (Read 1093 times)

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Thanks for the reply

Do you mind elaborating a little on the below as I don't understand it

"State that this isn't a driveway into premises as can be see by the fence only having a pedestrian gate"

If you look at the picture, there's only a pedestrian gate in the fence at the end of the 'road', so the access is only for people and not vehicles.

The council claim this is off-carriageway parking.
Currently, where you parked seems on first glance to be a driveway to access commercial premises that passes across the footway. But no vehicles can access those premises because there is a fence with a pedestrians gate. There is no gate for vehicles. So why is there this large space ? If it is not carriageway, what is the purpose of the large wooden bollards ? Clearly these are intended to separate vehicles from pedestrians.

It is quite clear that the space is a turn-round, because if one drives virtually down the street one finds that it  is blocked by bollards, and there is no space for any vehicle to turn round at all apart from the private parking space for the flats at the end of the street.

In fact GSV of 2022 shows this was a turn-round point for motor vehicles. Later, some time after 2022,  the council  "prettied-up" the street but the purpose of that space remains as the bollards show. This means it is carriageway, therefore the contravention of being parked off-carriageway did not occur. Of course the CEO could have served you a PCN for parking opposite the double-yellow lines but didn't, no doubt because he has been told not to, because there are exemptions for these, like assisted boarding/alighting which you did.

That's my take on it, anyway.

Really appreciate the detailed explanation 👍 thank you so much.

Will create the reps and would really appreciate if you can review once I do to ensure I haven't missed anything.

Thanks

Is the below ok please?




Dear Sir/Madam,

I am writing to formally challenge the above Penalty Charge Notice issued for alleged contravention code 624, which refers to parking on an area other than the carriageway (e.g., verge, footway, or central reservation).

I respectfully submit that the location where my vehicle was parked cannot reasonably be considered as "off-carriageway" for the following reasons:

1. Nature and Purpose of the Area in Question
The space where my vehicle was parked appears, at first glance, to be a driveway serving commercial premises. However, it is important to note that these premises are fully secured by a fence and only accessible via a pedestrian gate—there is no vehicle gate, nor any vehicle access provided or possible.
Moreover, the presence of large wooden bollards clearly indicates the council's intention to separate vehicular movement from pedestrian areas. The space in question is physically designed to manage vehicle access and maneuvering, not as pedestrian space or footway.


2. Use as a Turning Area for Motor Vehicles
The end of the street in question is fully blocked by fixed bollards, leaving no alternative space for vehicles to turn around other than the area where my vehicle was parked. This area is used daily by an average of 20 vehicles as a turn-round point—a fact I am able to evidence with dated photographic and video proof, which I can supply if required.
Historically, Google Street View imagery from 2022 also shows this area as a turn-round point, which remained unchanged until the council undertook cosmetic improvements post-2022. Despite these visual enhancements, the function of this space remains that of vehicle maneuvering, which is reinforced by the layout and physical features of the area.


3. Misclassification as Off-Carriageway Parking
Given the above facts, it is clear that this area serves the purpose of a carriageway. The existence of bollards, the historic and continuous use of the space for vehicle turning, and the absence of any physical signage or road markings indicating that this is a restricted pedestrian-only space all support that conclusion.
Therefore, the contravention of parking off the carriageway cannot reasonably apply in this instance as the space, by function and design, is part of the carriageway, specifically serving as a turning point.



Conclusion
In light of the evidence and context provided, I respectfully request the cancellation of this PCN as the alleged contravention did not occur. Should you require additional proof (including videos or logs of daily vehicle usage), I am happy to provide this upon request.

Thank you for your attention to this matter.

Yours faithfully,

Hi is anyone able to review please?

Thanks


Received a parking ticket in this location but it's part of a road

Exactly, therefore on the face of it the contravention occurred.

Unless you have got or can get photos to set a different context, you were parked on a road but not on the carriageway. Tne DYL are placed at the edge of the carriageway and you were beyond these. In previous years GSV showed the DYL in a different setting meaning that at that time where you were was considered to be part of the carriageway.

But now?

Received a parking ticket in this location but it's part of a road

Exactly, therefore on the face of it the contravention occurred.

Unless you have got or can get photos to set a different context, you were parked on a road but not on the carriageway. Tne DYL are placed at the edge of the carriageway and you were beyond these. In previous years GSV showed the DYL in a different setting meaning that at that time where you were was considered to be part of the carriageway.

But now?
But how can it be off-carriageway, (the PCN) if it is a public turnround point ? This means it is carriageway and the PCN is invalid. If it was for parking by double-yellow lines, then the CEO would have correctly served a PCN.

What is a 'public turnround point'?

Latest GSV shows the DYL are placed at the edge of the carriageway - they used to diverge from the carriageway but have now been deliberately placed parallel to the centre-line and compatible kerbstones have been installed* therefore IMO what's beyond them isn't carriageway as regards traffic signs regs definitions.

The public clearly have unfettered access to walk across this area, therefore it's part of a road.

The gate existed even in the previous configuration but there wasn't a crossover(the footway wasn't lowered), to all intents and purposes it was just a pedestrian access to somewhere.


*- these are set flush with the surface of the carriageway(which would normally indicate a crossover, but so are those before and after therefore this isn't out of the ordinary as regards the present layout for this part of the road.

OP, clearer contextual photos pl.

Hi Both,

It's definitely used as a turning point for many cars and they do this regularly!

Is the dispute between you both that the bollards don't necessarily mean that the section between the bollards and the double yellow likes is not a road?

Pl understand the distinction between 'road' and 'carriageway'.

It is a road.

The question is whether where you were is also considered to be a carriageway.

By law, DYL must be placed 'at the edge of the carriageway'. Therefore, as GSV suggests that these are now parallel to the centre-line of the main carriageway AND that you drove beyond these to park then you were not parked on the carriageway.

We need current photos pl showing the context.

Current photos of that area?

The Google Street View I shared in my initial post is the same as it is today so apologies I'm not sure I'm following what you require here?

We need contemporaneous facts in the form of current photos pl, not your assertions.

We need to see the carriageway and entrance to the area. Probably standing on the pavement on the opposite side of the carriageway would give a good wide-angle view. We need to see exactly where the DYL are placed, whether the kerbstones are flush with the surface both before, across and after the 'access' and all other contextual aspects e.g. is the surface treatment of where you were parked the same as that of the carriageway at the point where they join etc.

IMO, on the face of it:
You were parked on a road;
You were not parked on the carriageway, the boundary of which was marked by DYL.

IMO, you have to show that (notwithstanding the DYL) either it was part of the carriageway(which would be a statutory defence) or that based upon your previous knowledge and the indicators at the location it appeared to be or treated as being part of the carriageway.

Ok sure,

I'll take a few photos at lunchtime today

Image 1

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