Free Traffic Legal Advice

Hi all,

I'm looking for some advice on whether I have reasonable grounds to appeal a Code 62 PCN (parked with one or more wheels on or over a footpath/any part of a road other than a carriageway).

I parked on a single yellow line outside of the restricted hours, so I was under the impression that parking was permitted at that location. However, I subsequently returned to find a PCN had been issued because two of my wheels were positioned on the kerb edge.

The road is not particularly wide and, when parking, I was conscious of maintaining enough carriageway width for passing traffic. I believed that parking fully within the carriageway would unnecessarily reduce the available width for passing traffic and larger vehicles, so I positioned only the nearside wheels on the kerb edge.

The council's own photographs appear to show:

- Only the nearside wheels on the kerb edge.
- The vehicle was not wholly on the pavement.
- A very wide footway remained available.
- No dropped kerb, crossing point or access point was obstructed.
- No apparent obstruction to pedestrians, wheelchairs or pushchairs.
- A passing vehicle travelling close to the centre of the carriageway, which supports my concern about available road width.

Another point that may or may not be relevant is that the CEO photos appear to have been taken between 19:53:10 and 19:54:45, so the observation period was around 1 minute 35 seconds. During that time I had briefly walked away to seek clarification from someone nearby about whether parking there was acceptable.

I appreciate that footway parking is generally prohibited in London, so I'm not trying to argue that the contravention didn't technically occur. My question is whether the circumstances above give me a reasonable basis to request that the council exercise discretion due to:

- Minimal encroachment.
- No pedestrian obstruction.
- No damage caused.
- Genuine attempt to park considerately.
- Very short observation period.
- Concern about unnecessarily narrowing the carriageway.

Has anyone had success appealing a similar Code 62 PCN on mitigation/discretion grounds, or am I likely to be wasting my time?

Any thoughts or advice would be greatly appreciated. Thanks in advance.

GSV: https://www.google.com/maps/place/Westpole+Ave,+Barnet/@51.6498982,-0.1482355,3a,75y,2.15h,80.24t/data=!3m7!1e1!3m5!1s1YXfVLnkAcT71hTRUoDVAA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D9.758320416882299%26panoid%3D1YXfVLnkAcT71hTRUoDVAA%26yaw%3D2.1519065003786864!7i16384!8i8192!4m6!3m5!1s0x48761856295a4f87:0x64b333083a103761!8m2!3d51.6484069!4d-0.1422846!16s%2Fg%2F1tcydyzc?entry=ttu&g_ep=EgoyMDI2MDgwNS4xIKXMDSoASAFQAw%3D%3D

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