Free Traffic Legal Advice

Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: sperugi on October 02, 2025, 02:12:29 pm

Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: sperugi on October 02, 2025, 05:20:13 pm
So here. It looks like a petty PCN in this close but the yellow line does control the area up to the garages as it would with a footway or verge.

But why is a yellow line there anyway - it's not drawn on a kerbside or by the garages and seems arbitrary and only designed to stop you bringing the car out of the garage for a wash.

The arguments about private land and also legitimate expectation seem to be the way to go.

https://maps.app.goo.gl/GkctSk8LmvbrsRKL9

(https://i.ibb.co/5g1GrJvK/Screenshot-2025-10-02-at-15-40-24.png)

(https://i.ibb.co/YFwtdDSn/Parking-01.jpg)
Thanks for the comments. Legitimate expectation makes sense - especially as I've managed to park here with no issues in the past. Kingston did change over its parking enforcement company recently, so I am guessing that they have a slightly different view to the previous company.
Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: sperugi on October 02, 2025, 05:16:32 pm

I
  • Car inside yellow line. Irrespective of the point above, the car is actually parked inside / behind the yellow line that has been used for the contravention. I thought you need to be parked ON the yellow line to be in contravention, but in this case, the wheels of the car are BEHIND the yellow line (on private land) and therefore not actually in contravention of the restrictions in question in my opinion.


  • The position of the wheels is irrelevant. The restrictions (if valid, which seems unlikely) apply to any part of the vehicle. You can't park, for example, with the wheels inside a bay while the overhang takes up a chunk of the adjacent bay.

Ok - I understand this for adjacent parking bays, as the overhang would prevent someone else from using the bay, but I'd always assumed that if you were parking in an end bay and the wheels were not on the yellow line, this would be acceptable. Again, this is applying a logic that maybe doesn't apply in these scenarios. Thanks for your comments on the validity of the restrictions in the first place - this seems to be the best option at present.[/list]
Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: 666 on October 02, 2025, 04:44:25 pm

I
  • Car inside yellow line. Irrespective of the point above, the car is actually parked inside / behind the yellow line that has been used for the contravention. I thought you need to be parked ON the yellow line to be in contravention, but in this case, the wheels of the car are BEHIND the yellow line (on private land) and therefore not actually in contravention of the restrictions in question in my opinion.


The position of the wheels is irrelevant. The restrictions (if valid, which seems unlikely) apply to any part of the vehicle. You can't park, for example, with the wheels inside a bay while the overhang takes up a chunk of the adjacent bay.
Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: stamfordman on October 02, 2025, 03:48:21 pm
So here. It looks like a petty PCN in this close but the yellow line does control the area up to the garages as it would with a footway or verge.

But why is a yellow line there anyway - it's not drawn on a kerbside or by the garages and seems arbitrary and only designed to stop you bringing the car out of the garage for a wash.

The arguments about private land and also legitimate expectation seem to be the way to go.

https://maps.app.goo.gl/GkctSk8LmvbrsRKL9

(https://i.ibb.co/5g1GrJvK/Screenshot-2025-10-02-at-15-40-24.png)

(https://i.ibb.co/YFwtdDSn/Parking-01.jpg)
Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: sperugi on October 02, 2025, 03:03:59 pm
Your links need setting to 'Public' so we can open them.
Thanks for pointing that out. All files should now be visible with the links provided.
Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: sperugi on October 02, 2025, 03:03:13 pm
Upload the PCN as an image with no redactions on https://imgbb.com and paste the BBcode link.
I've updated the original post with a couple of additional files including the PCN itself.
Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: Incandescent on October 02, 2025, 02:53:19 pm
Your links need setting to 'Public' so we can open them.
Title: Re: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: stamfordman on October 02, 2025, 02:26:04 pm
Upload the PCN as an image with no redactions on https://imgbb.com and paste the BBcode link.
Title: Kingston, Code 01, Parking in a restricted street, Carlisle Close, Kingston Upon Thames
Post by: sperugi on October 02, 2025, 02:12:29 pm
This PCN (https://drive.google.com/file/d/1zBygZ0hi_HuyhvHWlNRvIbqnuH0ho7ny/view?usp=drive_link) was issued on my car which on a road which is in a Home Zone CPZ, so there is no raised delineation (kerb) between the highway and what is deemed to be the predominant pedestrian areas.The specific area where my car was parked is predominantly on my own land (see Land Registry picture - https://drive.google.com/file/d/1ezhgY6w643uaTLkz7wBpcNJoIaTMhScM/view?usp=drive_link) and the yellow line was painted somewhat arbitrarily across the front of my land. There is also some subsequent correspondence where my initial online appeal has been rejected - https://drive.google.com/file/d/1HnmdlVGqmjJ_33QlnATlkTfC7rVDCtjW/view?usp=drive_link



I'd like to get advice on the points below, which is where I would like to understand the parking regulations further.



Further points I would like to make are that my understanding of parking restrictions was that they exist to ensure traffic flow, safety of all road users and to prevent inconsiderate road users from causing other problems. Parking in front of my own garage on my property does not really constitute a problem in any of these cases and in some ways keeps the minimal parking bays on the street for other road users that do not have access to my private space.


Thanks!