Author Topic: Swansea Council PCN outside home  (Read 193 times)

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Swansea Council PCN outside home
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Hi guys. Got a PCN today from the council for parking up against a dead end wall just outside my home. I’ve parked there for 17 years with no issues, and even asked previous wardens if it’s ok, and they’ve all said there’s no issues at all. There’s permanently a car there, whether it’s mine or someone else’s as parking on the street is a nightmare. No one has had a ticket before, ever, to my knowledge. I even asked a PCSO who was patrolling my street today and he said it wasn’t a problem. The attached photo of my car was taken when all the cars either side had gone to work. Just to add, there are no markings, signs, or restrictions. Any advice? Thanks.

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Re: Swansea Council PCN outside home
« Reply #1 on: »
The wall must be the edge of the carriageway so if you were within 50cm of it I can't see there is a contravention.

Re: Swansea Council PCN outside home
« Reply #2 on: »
The wall must be the edge of the carriageway so if you were within 50cm of it I can't see there is a contravention.

Does that mean I have to park within 50cm of the wall? If I do that, I can’t access my boot, which I needed access to at time of parking.
« Last Edit: November 14, 2024, 05:13:06 pm by sifi89 »

Re: Swansea Council PCN outside home
« Reply #3 on: »
There could be a a wormhole in time that whisks you to the restaurant at the end of the universe on the other side but on your side there's a carriageway boundary in the form of a wall as we know it.
Funny Funny x 1 View List

Re: Swansea Council PCN outside home
« Reply #4 on: »
There could be a a wormhole in time that whisks you to the restaurant at the end of the universe on the other side but on your side there's a carriageway boundary in the form of a wall as we know it.

Sorry I changed my reply when you must have been typing yours. It took me a while to grasp what you were saying. I genuinely can’t believe they are causing all this hassle because I moved an extra few inches from the wall so I could access my boot. I’m going to appeal this on the basis that it’s absolute insanity. Thanks for the reply.

Re: Swansea Council PCN outside home
« Reply #5 on: »
See this current case.

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/newham-council-london-contravention-code-26-rejected-informal-appeal/

If they want to make a fuss about the distance from wall they'd be petty but you also have custom and practice and nods from CEOs to go on.

Re: Swansea Council PCN outside home
« Reply #6 on: »
As well as the Newham case posted this has been a common problem for Newham.
During construction of the Olympic site there was a similar dead end (Angel Lane) where many, many tickets were issued.
All those that saw it through to tribunal won.

Seems the problem of not understanding the contravention is more widespread.

This is the relevant section of law, which should reassure you >

85  Prohibition 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.

My bold and underlining.


Re: Swansea Council PCN outside home
« Reply #8 on: »
As well as the Newham case posted this has been a common problem for Newham.
During construction of the Olympic site there was a similar dead end (Angel Lane) where many, many tickets were issued.
All those that saw it through to tribunal won.

Seems the problem of not understanding the contravention is more widespread.

This is the relevant section of law, which should reassure you >

85  Prohibition 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.

My bold and underlining.

Fab, thanks for the reply. So does the wall count as an "edge of the carriageway" in this case or is it just the curbs? Obviously no part of my vehicle is within 50cm of the curbs. I find all the legal jargon all very confusing, and it makes me wonder how they can enforce these laws if the layman is not aware or can't understand them.

Re: Swansea Council PCN outside home
« Reply #9 on: »

Fab, thanks for the reply. So does the wall count as an "edge of the carriageway" in this case or is it just the curbs? Obviously no part of my vehicle is within 50cm of the curbs. I find all the legal jargon all very confusing, and it makes me wonder how they can enforce these laws if the layman is not aware or can't understand them.
The edge of the carriageway is both the wall and the KERBS.
I don't think they are even looking at you distance from the wall, which doesn't look much to me anyway.
Rather, I think they are looking at the kerbs, which tallies with the purpose of the law I linked 'Prohibition of double parking'

We will know much more about their thinking when they respond to a challenge.

Don't say too much as a challenge and post your proposed draft here before sending.