@cp8759 I think the law has changed in Scotland recently. The council are now able to fine you if you park on a pavement.@cyoung17 I know, I've been doing this for a very long time.
@cp8759 This would be great, except they are claiming I was in contravention of Section 50 "Parked on a Pavement" not a road.
@cyoung17 legally speaking pavements, verges etc are all part of the road. You're confusing "road" with "carriageway", but they're not the same thing. The council only has a power to enforce on a road, so if the car was not on a road at all (which it wasn't because that bit of pavement is not on a road), there is no contravention and there is also no power to serve a PCN.
@cp8759 This would be great, except they are claiming I was in contravention of Section 50 "Parked on a Pavement" not a road.
Here you go:Dear City of Edinburgh Council,
I challenge liability for this penalty charge on the ground that my car was not parked on a road. A road is defined by section 151 of the Roads (Scotland) Act 1984 as follows:
“road” means, subject to subsection (3) below, any way (other than a waterway) over which there is a public right of passage (by whatever means and whether subject to a toll or not) and includes the road’s verge, and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes; and any reference to a road includes a part thereof;
The land where my vehicle was parked is roughly square and it does not lead anywhere, being surrounded on three sides by physical barriers. I also note the land in question is not part of the adopted highway according to your map at https://www.edinburgh.gov.uk/roads-pavements/statutory-list-public-roads
As there is no right of passage over this land from one place to another, the land does not form part of any road or highway, and as such the contravention cannot have occurred.
Yours faithfully,
Send this online and keep a screenshot of the confirmation page.
@cyoung17 give us a link to their map please.
I'm not at all convinced that bit of land is part of a road at all, it doesn't go anyway so it's not a way as far as I can see.
@cyoung17 please read the guidance here (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 post all the required documents, as things stand we've been given nothing to work with.
@Incandescent the law in Scotland is sometimes different, see The City of Edinburgh Council v Chris Hogan (UTS/AP/23/0002, 18 August 2023) (https://www.scotcourts.gov.uk/docs/default-source/about-scts/decision-city-of-edinburgh-council--v--chris-hogan-23-0002.pdf).
@cyoung17 please read the guidance here (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 post all the required documents, as things stand we've been given nothing to work with.Yes, indeed ! It can catch one out.
@Incandescent the law in Scotland is sometimes different, see The City of Edinburgh Council v Chris Hogan (UTS/AP/23/0002, 18 August 2023) (https://www.scotcourts.gov.uk/docs/default-source/about-scts/decision-city-of-edinburgh-council--v--chris-hogan-23-0002.pdf).
Right, but it's still not the jurisdiction of the council to serve a fine if the land I was parked on does not belong to them? Or am I mistaken?
How do you know it is not their land? Who owns it?
Right, but it's still not the jurisdiction of the council to serve a fine if the land I was parked on does not belong to them? Or am I mistaken?
2019 ActQuote“pavement” means a footpath or footway.1984 ActQuote(2)For the purpose of this Act, where over a road the public right of passage referred to in the definition of “road” in subsection (1) above—
(a)is by foot only, the road is—
(i)where it is associated with a carriageway, a “footway”; and
(ii)where it is not so associated, a “footpath”;
(b)is by pedal cycle only, or by pedal cycle and foot only, the road is a “cycle track”;
(c)includes such a right by vehicle, other than a right by pedal cycle only, the road is a “carriageway”.
“pavement” means a footpath or footway.1984 Act
(2)For the purpose of this Act, where over a road the public right of passage referred to in the definition of “road” in subsection (1) above—
(a)is by foot only, the road is—
(i)where it is associated with a carriageway, a “footway”; and
(ii)where it is not so associated, a “footpath”;
(b)is by pedal cycle only, or by pedal cycle and foot only, the road is a “cycle track”;
(c)includes such a right by vehicle, other than a right by pedal cycle only, the road is a “carriageway”.
Best to read this then.
https://www.legislation.gov.uk/asp/2019/17/part/6/enacted
Then you'll need to read: -
https://www.legislation.gov.uk/ukpga/1984/54/section/151
A quick look tells me you're on a loser, but read it yourself.