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Parking ticket - Parked outside my house - Council PCN
squiggss
post Sun, 23 Sep 2018 - 19:33
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Hi all,

I’ve recieved a parking ticket for parking outside my house on the pavement.

To give you an idea I live in a main road and the only parking available is opposite the road where it is against the pavement.

I usually get home later than most from work and by that time there is no space for myself to park. The option I chose and have used for the last two years since living at the property when needed is to fully mount the pavement and park on the pavement right outside my house.

The pavement is unusually wide, and there is no obstruction when I park I have witnessed prams and a wheelchair pass without any difficulties.

I’m currently on my way home from holidays and was informed by a family member about my ticket.

I’m a bit angry as I don’t park there out of laziness I park there as there is no other alternative most times.
Me and my partner often find ourselves parking outside our house on the pavement.

To make it more confusing I had a discussion with my local PCSO and it was discussed the parking around my street can be quite hectic and in this said discussion which was conducted by e-mail it was said that fully mounting on the pavement to park is fine as long as there is no obstruction I have the e-mail from this said PCSO.

Do you think I should appeal this ticket? Or after two years have the council finally decided to ticket my car and there’s not a lot I can do?

Thanks for your help in advance.

Update as of 23/09/2018

I am now home from Holidays the above was copy and pasted as i was advised to post here, i have since had to again park on the pavement outside my house due to there being no spaces on the opposite road.

I also have photo's of cars further up my street parked half way on the pavement but causing an obstruction. I can't comment whether these have received tickets but i very much doubt it. (I also do not want to send these photos to the council to show as part of my appeal as i do not want anyone else getting tickets)

The ticket states "Parked in a restricted street during prescribed hours"

1) There is no prescribed hours on my street
2) There are no restrictions i.e such as a parking permit needed.

Sorry for the long thread, but any help would be much appreciated.
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post Sun, 23 Sep 2018 - 19:33
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peterguk
post Sun, 23 Sep 2018 - 19:39
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Geez, gis a clue... We don't even know which country you're in, let alone a town, street...

Post up all sides of PCN, council photos and a link to GSV.

This post has been edited by peterguk: Sun, 23 Sep 2018 - 19:47


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squiggss
post Sun, 23 Sep 2018 - 19:51
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QUOTE (peterguk @ Sun, 23 Sep 2018 - 20:39) *
Geez, gis a clue... We don't even know which country you're in, let alone a town, street...

Post up all sides of PCN and a link to GSV.


My apologies,

United Kingdom, South Wales.

I'll upload relevant pics now.
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peterguk
post Sun, 23 Sep 2018 - 19:54
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Photo shows you're bang to rights as far as the contravention goes. DYLs cover from middle of road, pavement, kerb, verge etc to property line. They are valid 24/7 so no timeplate required.

You could try claiming legitimate expectation, but you need to find somewhere else to park from now on.

Never take legal advice from a policeman (or PCSO).

This post has been edited by peterguk: Sun, 23 Sep 2018 - 19:57


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squiggss
post Sun, 23 Sep 2018 - 20:03
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QUOTE (peterguk @ Sun, 23 Sep 2018 - 20:54) *
Photo shows you're bang to rights as far as the contravention goes. DYLs cover from middle of road, pavement, kerb, verge etc to property line. They are valid 24/7 so no timeplate required.

You could try claiming legitimate expectation, but you need to find somewhere else to park from now on.

Never take legal advice from a policeman (or PCSO).


Okay that's no problem, i accept that and will no longer park there.

Personally do you think it's worth appealing? Or should I pay the reduced fine and let it go?

Obviously stop parking there in the future.

Perhaps write to council to try and get a parking for permit holders only.

Anyway, i do appreciate your help.
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DastardlyDick
post Sun, 23 Sep 2018 - 20:04
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QUOTE (peterguk @ Sun, 23 Sep 2018 - 20:54) *
Photo shows you're bang to rights as far as the contravention goes. DYLs cover from middle of road, pavement, kerb, verge etc to property line. They are valid 24/7 so no timeplate required.

You could try claiming legitimate expectation, but you need to find somewhere else to park from now on.

Never take legal advice from a policeman (or PCSO).


+1

To be fair, the PCSO was probably thinking of the Offence of "unnecessary obstruction", which is about the only thing the Police can do regarding parking, and he'd have to prove in a Magistrates Court that obstruction had occurred.
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DastardlyDick
post Sun, 23 Sep 2018 - 20:15
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QUOTE (squiggss @ Sun, 23 Sep 2018 - 21:03) *
QUOTE (peterguk @ Sun, 23 Sep 2018 - 20:54) *
Photo shows you're bang to rights as far as the contravention goes. DYLs cover from middle of road, pavement, kerb, verge etc to property line. They are valid 24/7 so no timeplate required.

You could try claiming legitimate expectation, but you need to find somewhere else to park from now on.

Never take legal advice from a policeman (or PCSO).


Okay that's no problem, i accept that and will no longer park there.

Personally do you think it's worth appealing? Or should I pay the reduced fine and let it go?

Obviously stop parking there in the future.

Perhaps write to council to try and get a parking for permit holders only.

Anyway, i do appreciate your help.


If the discounted penalty is still in play, then appeal to the Council on "legitimate expectation" along the lines of 'been parking here for xx years with no PCNs issued , didn't know Yellow Lies extended to the property line, very sorry, won't do it again, olease use your discretion and cancel on this one occasion'.
They'll probably reject, but will re-offer the discount, which you would be best advised to pay.
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squiggss
post Sun, 23 Sep 2018 - 20:24
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QUOTE (DastardlyDick @ Sun, 23 Sep 2018 - 21:15) *
QUOTE (squiggss @ Sun, 23 Sep 2018 - 21:03) *
QUOTE (peterguk @ Sun, 23 Sep 2018 - 20:54) *
Photo shows you're bang to rights as far as the contravention goes. DYLs cover from middle of road, pavement, kerb, verge etc to property line. They are valid 24/7 so no timeplate required.

You could try claiming legitimate expectation, but you need to find somewhere else to park from now on.

Never take legal advice from a policeman (or PCSO).


Okay that's no problem, i accept that and will no longer park there.

Personally do you think it's worth appealing? Or should I pay the reduced fine and let it go?

Obviously stop parking there in the future.

Perhaps write to council to try and get a parking for permit holders only.

Anyway, i do appreciate your help.


If the discounted penalty is still in play, then appeal to the Council on "legitimate expectation" along the lines of 'been parking here for xx years with no PCNs issued , didn't know Yellow Lies extended to the property line, very sorry, won't do it again, olease use your discretion and cancel on this one occasion'.
They'll probably reject, but will re-offer the discount, which you would be best advised to pay.


First thank you for your time and help.

Yes the discounted ticket runs out in the 27th of this month. I was on holiday when the ticket was issued and only got back on the 21st.

I will make sure to mention I was on holiday

I will write a letter along the lines of “Legitimate Expectation” with no expectations.

If it is rejected I will the of course pay the discounted fine.
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cp8759
post Sat, 29 Sep 2018 - 14:25
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QUOTE (DastardlyDick @ Sun, 23 Sep 2018 - 21:04) *
QUOTE (peterguk @ Sun, 23 Sep 2018 - 20:54) *
Photo shows you're bang to rights as far as the contravention goes. DYLs cover from middle of road, pavement, kerb, verge etc to property line. They are valid 24/7 so no timeplate required.

You could try claiming legitimate expectation, but you need to find somewhere else to park from now on.

Never take legal advice from a policeman (or PCSO).


+1

To be fair, the PCSO was probably thinking of the Offence of "unnecessary obstruction", which is about the only thing the Police can do regarding parking, and he'd have to prove in a Magistrates Court that obstruction had occurred.

The Police can use section 72 of the Highway Act 1835, subject to certain exceptions driving on the pavement (whether to park or for any other reason) has been an offence for 183 years.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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