Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: september on November 21, 2024, 12:30:55 am
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Hi,
I know it's been a long time, but I thought better late than never to update on the outcome. Again thanks for all your help.
https://imagekit.io/public/share/nfe44pqac/1861e908ce044747e0df6b35a3f05939e501ee0045a1b78a9e90f753d4840fa31d6decf2f0e07cf81024b301640d8f7c38d72b6418f2e22b51e1a1898ad7e63ad99a33bbef0148d69af84f664e70e251
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... I am disabled and have a disabled badge, so would not be charged had I been on the nearby double yellow line...
Then is there any reason why you chose to park across the entrance to the car park rather than on the double yellows just in front of you?
Your choice seems an odd one and would immediately attract the attention of an enforcement officer
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No such thing as a carriageway over a footway.
A vehicle crossover remains a footway, it's just that vehicles are permitted to cross the footway in order to access and exit whatever lies beyond e.g. car park etc. Ordinarily it's an offence to drive a vehicle on a footway.
IMO, there's only one carriageway here and you were parked slap-bang on it.
But don't do it again because you were parked where the footway has been lowered to meet the carriageway, which means this applies:
https://www.legislation.gov.uk/ukpga/2004/18/section/86
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Am I correct to assume that for the contravention to be correct you would need to say that this entrance is a carriageway over the footpath, and the edge of it are on the sides of the entrance, and the car was too far from the edge. In that case if I would've been parked closer to the corner the contravention wouldn't have occurred?
As you can see on the picture it's not like a junction with a road coming off it, there are actually long stones marking the edge of the road.
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?
'I was parked on the entrance to a not very busy car park' i.e. a vehicle crossover.
This does not alter the position of the edge of the carriageway.
Arguably ss85 and 86 of the TMA are complementary in this situation:
If it's a crossover, then 'parked on the carriageway adjacent to a lowered footway..' would apply.
But if it's a carriageway, then arguably s87.
IMO, it's the wrong contravention and should by code 27, not code 26.
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Must say I can't see this not being a code 26 contravention.
(https://i.imgur.com/S4ve0Dk.png)
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IMO, the edge of the carriageway is not determined by where a contractor might have put yellow paint(although I accept that this should only be placed at the edge of the carriageway) - we've seen numerous examples where over-zealous councils have extended yellow lines into housing estates, car parks, across footways and even the entrance to a cemetery I seem to remember.
The council's highway terrier - which has probably been digitised- would be taken as determinative by an adjudicator IMO.
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I see there are double-yellow lines close to the front of the vehicle, but clearly it is more than 50cm away from them, hence the CEO choosing the contravention, but the contravention could equally have been parked when restricted.
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IMO, contravention did not occur.
OP, to give you the full prohibition...
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, quite clearly what you did was not the nuisance agsinst which the prohibition is targeted.
Anyway, from what I can see, you were parked on the carriageway adjacent to its edge right next to a vehicle crossover which gives access to a parking area off the road.
The DYL are actually marked on the footway, not a carriageway at right-angles to the main road.
Others will have views.
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This is a contravention I'm afraid. The elements of code 26 are made out.
But as a BB holder you must ask for discretion.
Why did you park there (what were you doing that is)?
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PCN photos here for ease
(https://i.imgur.com/24m2E5z.jpeg)
(https://i.imgur.com/DKlRpGD.jpeg)
(https://i.imgur.com/p3p6VNu.jpeg)
(https://i.imgur.com/WuTG3YX.jpeg)
(https://i.imgur.com/LSQUh2M.jpeg)
(https://i.imgur.com/fz9zrRy.jpeg)
(https://i.imgur.com/REqOAOX.jpeg)
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OP, the full details of the prohibition:
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.
You have one the most poorly drafted contravention grounds because it misses the key issue: you have to be parked on the carriageway.
So, without seeing the photos you can tell us whether you were actually on the carriageway or not. If not, then the contravention did not occur.
Obviously if you were straddling the carriageway and footway then some part of your car must have been within 50cm of its edge!
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Hello,
I was wondering if there is anything to challenge with this PCN.
I was parked on the entrance to a not very busy car park. There was still space to enter and exit the car park.
The contravention stated being "more than 50cm from the edge of the carriageway".
I am wondering if this contravention applies in this situation, and if there is any point of challenging the ticket.
I am disabled and have a disabled badge, so would not be charged had I been on the nearby double yellow line.
Please see image of the PCN here:
https://www.dropbox.com/scl/fi/s78fp1ih7ikhmzjjfk2hq/WhatsApp-Image-2024-11-20-at-23.45.46-1.jpeg?rlkey=14xz4yxnro3p6oyq67pm7apa9&st=xdz3yhai&dl=0 (https://www.dropbox.com/scl/fi/s78fp1ih7ikhmzjjfk2hq/WhatsApp-Image-2024-11-20-at-23.45.46-1.jpeg?rlkey=14xz4yxnro3p6oyq67pm7apa9&st=xdz3yhai&dl=0)
The maps on google are outdated so you can't see the double yellow lines on the road, but not sure if that makes a difference. They go round the kerb just into the driveway, and I was parked in front of the driveway in line with the regular parking on the road.
https://maps.app.goo.gl/DRz5ctujgZMeahPKA
(https://maps.app.goo.gl/DRz5ctujgZMeahPKA)
Thanks all for your help.