Free Traffic Legal Advice

@cp8759

Thanks for the clarification. I was not in anyway challenging the advice you were giving me I just misunderstood you. Thanks again for the help.

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.

@cp8759 This would be great, except they are claiming I was in contravention of Section 50 "Parked on a Pavement" not a road.

@cyoung17 please read the guidance here 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).

Hi @cp8759

Apologies, didn't see this post guide. Here you are:

https://imgur.com/a/9tCYTvL

https://maps.app.goo.gl/5UA81CMK3nqCPcoW9

2019 Act

Quote

“pavement” means a footpath or footway.

1984 Act

Quote

(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”.

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?

About a month ago, I parked in an area next to a bridge which plenty of people on my street park on regularly, even following the recent amendment to the Transport (Scotland) Act 2019. This is why it was surprising to find that a parking ticket had been issued to me upon arriving back at my car.

I refuted this stating that the area where I was parked is not defined as a pavement according to the Statutory List of Public Roads. You can see where I was parked in the images attached.


The City of Edinburgh Council have gotten back to me having considered my explanation but will not cancel the parking ticket under these circumstances. They said:

"The parking ticket was issued because the vehicle was parked on the pavement (footway or footpath), contrary to the Transport (Scotland) Act 2019."

Given the fact that this area is not highlighted as a pavement on their map and there is another kerb marking where one area ends and the other starts do CEC have the power to enforce this? It is quite clear that where I was parked would not cause an issue to pedestrians.

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