Free Traffic Legal Advice
Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: zeczec on December 29, 2024, 04:07:36 pm
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Unfortunately the prohibition is titled as follows:
Prohibition of double parking etc.
https://www.legislation.gov.uk/ukpga/2004/18/section/85
So even if it was a car, IMO what the OP did would be considered to be 'double parked'.
I can't see a defence with this line.
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Yes as I said I would try the rack as edge and point out the rack is shaped like a car and rather invites parking there...
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Couldn't it be argued that the cycle rack takes the place of the kerb?
Commonsense suggests yes, but we all know that commonsense has been totally abolished in the UK.
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Couldn't it be argued that the cycle rack takes the place of the kerb?
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Sorry I've been a mug - it is the right contravention I'm afraid... I was confusing it with code 28.
The only factor I can see is if the cycle rack creates a carriageway edge as it is shaped like a car!
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That's not a code 26 contravention as the kerb is obviously on the other side of the bike rack and is not raised or lowered.
The line of stones is not a carriageway edge and in any case you were inside not adjacent.
I think the CEO was fishing for the right contravention and picked a wrong un. The right contravention is parked more than 50cm from the carriageway edge.
Thanks for the reply and fishing out their pics... I think I sort of understand. If they've picked a wrong contravention - is that grounds to contest? How would you advise I go about it?
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EDIT - sorry yes this looks like it is the right contravention of parked more than 50cm from the carriageway edge.
Their pics:
(https://i.ibb.co/Sm6FyYX/Screenshot-2024-12-29-at-16-19-50.png)
(https://i.ibb.co/bvMjq0n/Screenshot-2024-12-29-at-16-19-35.png)
Your pics:
(https://i.ibb.co/cLJbgV6/PXL-20241229-144441534-EDIT.jpg)
(https://i.ibb.co/0FHMXwL/PXL-20241227-124940686.jpg)
(https://i.ibb.co/G9VHSyx/PXL-20241227-124958379.jpg)
(https://i.ibb.co/ZBCFdP0/PXL-20241229-144415914.jpg)
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Good day gang,
I parked in a space that has no yellow lines. Rather it was against a green cycle rack. I was not blocking any cycles, nor the carriageway, and this can be see by the fact that the road has a sunk kerb stone to demarcate the space from the carriageway. And there appears to be very faint white line as well, which I have shown in a photo.
Pictures of car parked with ticket issued can be found here: https://photos.app.goo.gl/oMkzTCwA4V6Kds8V7
Google Maps of the location (the Streetview is not particularly good sadly as it's got the main spot missing): https://maps.app.goo.gl/2SCniZeUCdTzfPPh7
Can you kindly help me to contest this? It was issued 2 days ago on 27th Dec. I am attaching a PDF of the PCN.
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