Author Topic: PCN Sheffield - Contravention 26  (Read 162 times)

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PCN Sheffield - Contravention 26
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Hi, I hope somebody can help.

I got a PCN on 21 March 2026 for Contravention 26: Parked in a special enforcement area more than 50cm from the edge of the carriageway and not within a designated parking space.

Here is a link to the PCN:
https://imgpile.com/p/158ffLf

Here is a link to Google Street View:
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The images clearly show my vehicle to be <50cm away from the hedge which marks the edge of the carriageway.

Whilst I was not <50cm away from the 'side' of the carriageway, the 'side' and 'edge' are two very different matters.

Wondering if I have grounds to appeal here?
« Last Edit: March 24, 2026, 10:36:13 pm by glamnadnoraa »

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Re: PCN Sheffield - Contravention 26
« Reply #1 on: »
I would say you do have grounds for an appeal, because the side of your car is within 50cm of a clear kerbstone marking the edge of the carriageway. The rule for a PCN is that no part of the car is within 50cm of the edge, but your car position fails that test, but the PCN also says, "....and not within a designated parking place. That looks harder to argue. You are also parked within a CPZ : -
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Re: PCN Sheffield - Contravention 26
« Reply #2 on: »
Thanks for your response.

I don't think either side of my vehicle is within 50cm of the kerbside, however the rear of the vehicle is touching the edge of the carriageway.

Notably, the PCN says 'AND not within a designated parking space' not 'OR not within a designated parking space' which both have very different meanings.

My vehicle is within 50cm of the edge of the carriageway so the whole contravention is nullified as both conditions must be met, as per 'AND'.

CPZ is weekdays only and this was issued on a Saturday. How would that impact things, if at all?

Re: PCN Sheffield - Contravention 26
« Reply #3 on: »
What drugs are they on?

The prohibition is statutory and as follows:

85Prohibition of double parking etc.
(1)In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.


So, were you in a SEA? Apparently so, but this would be for the council to prove(outside London authorities require designation orders), but don't get hung up on this.

How is the 'edge of the carriageway' marked at the location? By plain kerbstones on the vehicle's nearside and a brick wall straight ahead.

Does every part of a vehicle have to be within 50cm of the 'edge of the carriageway'? No. The law is clear: providing ANY part of a vehicle is within 50cm of the edge then a contravention has NOT occurred.

In this case, is any part of the car within 50cm of the edge of the carriageway? Self-evidently yes, as shown in the council's own evidence.

Contravention did not occur.

What relevance is the reference to 'parking place'? None.

It is unfortunate that for this contravention alone, the mandated contravention grounds include one of the exceptions to the prohibition. This confuses many, if not most, authorities. Frankly, you might as well include all the other exceptions if they're going to include one i.e.
2)The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

(3)The second exception is where the vehicle is being used [F1—

(a)for fire brigade or police purposes, or

(b)for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

“An NHS ambulance service” means—
(a)
an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)
an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)
the Scottish Ambulance Service Board.]

(4)The third exception is where—

(a)the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

(b)the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

(c)the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

(5)The fourth exception is where—

(a)the vehicle is being used in connection with any of the following—

(i)undertaking any building operation, demolition or excavation,

(ii)the collection of waste by a local authority,

(iii)removing an obstruction to traffic,

(iv)undertaking works in relation to a road, a traffic sign or road lighting, or

(v)undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

(b)it cannot be so used without being parked as mentioned in subsection (1), and

(c)it is so parked for no longer than is necessary.

You're not a fire engine or ambulance are you?


NB. the reason for the first exception is because the prohibition targets 'double parking', however, councils may place parking spaces in the middle of roads - see here:
This Instrument consolidates, with substantial amendments, the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997, the Traffic Signs (Temporary Obstructions) Reg...
legislation.gov.uk


Part 4 Sign Table, item 6(b)..
6
Diagram 1028.4

Alternative types of parking bay—

(a) at the edge of the carriageway and situated wholly on either the carriageway or footway; or

(b) in the centre of the carriageway or partly on the carriageway and partly on the footway


Hence the exception. When drafting the contravention grounds, the powers that be thought that councils would understand the wording....DREAM ON! If you've seen as many items of correspondence from councils as we have here, then you would know that their comprehension of simple English is strained, let alone their understanding of the rather convoluted wording of s85 Traffic Management Act!
« Last Edit: March 25, 2026, 09:41:46 am by tincombe »