Author Topic: Bedford, Code 62 Parked with one or more wheels on any part of an urban road other than a carriage way, Embankment  (Read 2133 times)

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Hi Please some support with this.

i received a PCN notice on my car for parking on verge. Honestly not aware i was parked wrong. I was booked in at the hotel and asked the hotel staff and they said i could park anywhere except for on the grass. The car park was clearly marked Swann Hotel Car park before i entered. I did see a sign saying do not park on the grass which was what led me to ask the hotel staff if i was parked right which they said yes and i registered my car.

Also i dont know if this helps i was actually coming back from the hospital to pick up some items as my wife who was pregnant and some issues and we had to go very early in the morning. I came back to pick her drugs and parked exactly where i parked the previous day and was approved by the hotel staff.

Also the area parked in does not block any pedestrian is it was clearly stated a hotel car park.

Please what viable defence do i have or ideas on how to challenge this

Fine is GBP 70, dropped to GBP 35 if paid within 14 days. If i appeal i still get 14 days to pay GBP 35


GSV of car park: https://maps.app.goo.gl/axmpctATK4yPayCb7

Link to pictues : https://imgur.com/a/6MWGAMp

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« Last Edit: January 05, 2025, 01:36:51 pm by cp8759 »

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Is not the front of the vehicle over the grass verge?
Please give/re-instate PCN number and reg.mark, (see
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/

and give a GSV link to the location.

Is not the front of the vehicle over the grass verge?
Please give/re-instate PCN number and reg.mark, (see
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/

and give a GSV link to the location.

I have updated this thanks

Even if part of a car is on verge or footway as your's seems to be, it is in contravention, I'm afraid.  I would suggest that it you submit reps on the basis that the front wheels are clearly on the hard surface, not the verge, and point out that the restriction is clearly there to prevent parking from damaging the verge and its grass surface. As such, your car caused no damage to the grass verge whatsoever, and you are very surprised that a PCN was served.

Even if part of a car is on verge or footway as your's seems to be, it is in contravention, I'm afraid.  I would suggest that it you submit reps on the basis that the front wheels are clearly on the hard surface, not the verge, and point out that the restriction is clearly there to prevent parking from damaging the verge and its grass surface. As such, your car caused no damage to the grass verge whatsoever, and you are very surprised that a PCN was served.
Thanks
Should i admit to being the driver ? I have heard a number of people say i should not.
Also how should i phrase the reply ?
Should i include mitigation ? wife pregnant and coming from the hospital ?

Even if part of a car is on verge or footway as your's seems to be, it is in contravention, I'm afraid.  I would suggest that it you submit reps on the basis that the front wheels are clearly on the hard surface, not the verge, and point out that the restriction is clearly there to prevent parking from damaging the verge and its grass surface. As such, your car caused no damage to the grass verge whatsoever, and you are very surprised that a PCN was served.
Thanks
Should i admit to being the driver ? I have heard a number of people say i should not.
Also how should i phrase the reply ?
Should i include mitigation ? wife pregnant and coming from the hospital ?
Who was driving is totally irrelevant in PCN cases, because the owner of the vehicle (assumed from the keeper on the V5C), is responsible for a PCN, payment or appealing. So who is the keeper, or is the car leased ?

Even if part of a car is on verge or footway as your's seems to be, it is in contravention, I'm afraid.  I would suggest that it you submit reps on the basis that the front wheels are clearly on the hard surface, not the verge, and point out that the restriction is clearly there to prevent parking from damaging the verge and its grass surface. As such, your car caused no damage to the grass verge whatsoever, and you are very surprised that a PCN was served.
Thanks
Should i admit to being the driver ? I have heard a number of people say i should not.
Also how should i phrase the reply ?
Should i include mitigation ? wife pregnant and coming from the hospital ?
Who was driving is totally irrelevant in PCN cases, because the owner of the vehicle (assumed from the keeper on the V5C), is responsible for a PCN, payment or appealing. So who is the keeper, or is the car leased ?

i am the keeper. pls how do i phrase the appeal

OP, GSV is of little use at ground level. Could you look at the aerial view and indicate where you were parked.

At present, I think there's literally a turf war between the council and the hotel.

You were parked somewhere on the private property (AKA hotel car park and ancillary areas) which is controlled by a private parking operator as indicated clearly by entrance signs. The car park seems to be bounded on all sides by grass as regards which only that part which fronts The Embankment may IMO be correctly termed 'verge'. In one of the CEO's photos - which were almost exclusively taken from the private property- a No Parking on verge sign can be seen. But this is facing you and there's grass between you and it which IMO means it applies beyond the sign, not in front. If they mean in front then place it on the border of the car park hardstanding and grass.

Subject to getting more detail as regards exactly which piece of grass is involved, I don't think the contravention occurred. At worst, for you, de minimis, at best there's no order restricting parking where you were.

..and it's the wrong contravention, it should be:

   Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway. (Annex B to SoS's Stat Guidance refers)
« Last Edit: November 12, 2024, 09:15:53 am by H C Andersen »

OP, GSV is of little use at ground level. Could you look at the aerial view and indicate where you were parked.

At present, I think there's literally a turf war between the council and the hotel.

You were parked somewhere on the private property (AKA hotel car park and ancillary areas) which is controlled by a private parking operator as indicated clearly by entrance signs. The car park seems to be bounded on all sides by grass as regards which only that part which fronts The Embankment may IMO be correctly termed 'verge'. In one of the CEO's photos - which were almost exclusively taken from the private property- a No Parking on verge sign can be seen. But this is facing you and there's grass between you and it which IMO means it applies beyond the sign, not in front. If they mean in front then place it on the border of the car park hardstanding and grass.

Subject to getting more detail as regards exactly which piece of grass is involved, I don't think the contravention occurred. At worst, for you, de minimis, at best there's no order restricting parking where you were.

..and it's the wrong contravention, it should be:

 Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway. (Annex B to SoS's Stat Guidance refers)

« Last Edit: November 13, 2024, 03:55:28 am by seanjean123 »

OP, GSV is of little use at ground level. Could you look at the aerial view and indicate where you were parked.

At present, I think there's literally a turf war between the council and the hotel.

You were parked somewhere on the private property (AKA hotel car park and ancillary areas) which is controlled by a private parking operator as indicated clearly by entrance signs. The car park seems to be bounded on all sides by grass as regards which only that part which fronts The Embankment may IMO be correctly termed 'verge'. In one of the CEO's photos - which were almost exclusively taken from the private property- a No Parking on verge sign can be seen. But this is facing you and there's grass between you and it which IMO means it applies beyond the sign, not in front. If they mean in front then place it on the border of the car park hardstanding and grass.

Subject to getting more detail as regards exactly which piece of grass is involved, I don't think the contravention occurred. At worst, for you, de minimis, at best there's no order restricting parking where you were.

..and it's the wrong contravention, it should be:

 Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway. (Annex B to SoS's Stat Guidance refers)

I could not get the GSV aerial view so i used goodle earth and marked the location for car parked (where i parked) and the sign saying do not park on verge

https://earth.google.com/web/search/bedford+swan+car+park/@52.13510285,-0.46457904,37.19683276a,137.690249d,35y,0h,0t,0r/data=CiwiJgokCfQ-zKirJDZAEf11QFSrJDbAGWM28WIm2UhAIYPiG1cpYkvAQgIIAToDCgEwQgIIAEoICN3xnpYHEAA

Thanks for the view. However, I don't know how you've marked your parking location or the sign. What should we be looking for?

Thanks for the view. However, I don't know how you've marked your parking location or the sign. What should we be looking for?

There are two blue points. one blue spot is saying car parked and the other saying do not park on verge markings. If you zoom out the location is the car park and you will be able to tell where i have parked compared to where the do not park on verge marking is. Hopefully that will provide more clarity


OP, that's a Google earth link not Google street view so not viewable by anyone without GEV
Quote from: andy_foster
Mick, you are a very, very bad man

I, too, see no blue spots, nor legend. :( Could it be that your link takes us to the origional Google earth view, without your annotations?

In the Gooogle satellite (google earth uses too much memory on my ancient PC!) view here

https://maps.app.goo.gl/Ezb3kfRjHuJEGnuU7

you were presumably parked where either the blue car or the white car is parked, or one of the three spaces in between?? Which one? And the sign too, faces one of these spaces?? Again, which one?
EDIT on further study I do not think this is right - could you take a screenshot of sattelite view and mark the locations of your space and the sign before posting, please.

I still think you should run with something along the lines of

AS can be seen from the Council photograph the vehicle was parked with all four wheels on the hotel's hard-standing. Some small part of the front bumper may have been overhanging the grass verge, but so small as to be
de minimis in law. In any case, the sign on your grass verge covers the area behind it and not that before it. The contravention alleged in the PCN did not occur and I look forward to its cancellation.

See what others say but do not miss deadlines.
« Last Edit: December 30, 2024, 11:37:23 pm by cp8759 »