BEXLEY - CODE 62, Parked with one or more wheels on or over a footpath Options

[caccola]

Hi there

I have found a PCN on my windscreen for Code 62 - Parked with one or more wheels on or over a footpath.

Location is Selwyn Crescent, Welling (Bexley Council).

I probably had the 2 wheels just about on the pavement, and well in line with the car behind, which also happened to be parked the same way - I assumed this was perfectly legal, but I understand that even if there were no signs this is considered illegal parking in Greater London.

I was wondering if there is any grounds for appealing this PCN - I have attached a copy of this, as well as pics of the location (the car was parked exactly where the streetmap arrow is).

Many thanks in advance, M

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[DastardlyDick]

Are there any photo's taken by the Council? If so, please post them up as well.
At the moment, I cannot see a defence, so paying at the discount seems to be best.

[caccola]

These are the pics taken by the CEO.

Any grounds for appeal? Perhaps the 'de minimis'?


Thanks, M

[DastardlyDick]

These are the pics taken by the CEO.

Any grounds for appeal? Perhaps the 'de minimis'?


Thanks, M

I'd have said you're beyond "de minimis", but see what others think.

[cp8759]

Any grounds for appeal? Perhaps the 'de minimis'?

De minimis? More like banged-to-rightitis. Parking like this is illegal everywhere, the only difference is that in London the councils have powers to enforce it, elsewhere it falls to the police and they have far more important matters to deal with.

You could ask for discretion on the off-chance that they accept or make a procedural error, but I don't see any grounds to take this further than an informal challenge.

[caccola]

Thank you guys.

An informal challenge on the basis of any of the below (?):
- I was attending an Open Evening at the local Grammar school
- a lot of confusion / traffic in the area
- lack of parking
- left enough space for both cars on the road and a double pram on the pavement
- etc.

Also, if there is other areas in Bexley were parking on pavement/footpath is allowed (i.e. where you can park on the kerb 'in marked bays'), then surely I should be able to argue that I rightly assumed it was

What about any procedural / formal mistake they might have made?

It was a genuine mistake from my side - I simply did not know as I am used to white / yellow lines and not at all to a roadside with no lines and signposts at all. Please, as I said, I simply parked the car in the same position as the car behind to sort of 'keep the line' for the oncoming traffic.

[DastardlyDick]

Thank you guys.

An informal challenge on the basis of any of the below (?):
- I was attending an Open Evening at the local Grammar school
- a lot of confusion / traffic in the area
- lack of parking
- left enough space for both cars on the road and a double pram on the pavement
- etc.

Also, if there is other areas in Bexley were parking on pavement/footpath is allowed (i.e. where you can park on the kerb 'in marked bays'), then surely I should be able to argue that I rightly assumed it was

What about any procedural / formal mistake they might have made?

It was a genuine mistake from my side - I simply did not know as I am used to white / yellow lines and not at all to a roadside with no lines and signposts at all. Please, as I said, I simply parked the car in the same position as the car behind to sort of 'keep the line' for the oncoming traffic.

Where parking on the footway is permitted the Council first has to disapply the ban by means of a Resolution, and then put up signs to show where the disapplication starts and ends, so no signs = no parking.

You have no actual "grounds" for appeal, you are asking Bexley Council to exercise their discretion as you made a genuine mistake in the honestly held belief that you could park on the pavement, very sorry, won't do it again etc etc. If you do go down those lines, it may be best not to mention the fact you were attending an event at the School for obvious reasons.
It is highly unlikely that Bexley will accept, but they will re-offer the discounted Penalty which you would be best advised to pay (IMO).

This post has been edited by DastardlyDick: Thu, 18 Oct 2018 - 08:26

[hcandersen]

OP, if you could park on the footway you could equally easily have parked wholly on the carriageway so none of your parking-related arguments hold water.

I wouldn't attempt to defend what you did other than possibly to say that your motives were for the best i.e. to leave as much room on a busy road but to not inconvenience pedestrians. I'm sorry if this is not permitted, I will know better next time.

[caccola]

OK then, it sounds like I have just to beg and pray... which is not likely to help considering that the ticket was issued at 8pm by Bexley Grammar during their Open Evening - meaning the LA knows far too well that there was money to be made with hundreds of parents coming down to visit the school... hence despite my parking being a genuine mistake, I wouldn't expect them to be so understanding. M

[hcandersen]

LA knows far too well that there was money to be made with hundreds of parents coming down to visit the school... hence despite my parking being a genuine mistake,

Well they certainly know that 'hundreds of parents' would be coming by car and therefore traffic management would be an issue. Absolutely correct to deploy CEOs, hopefully to deter but, if not, then to issue PCNs.

Your sounding as if a CEO coming across your unattended car should have known the circumstances in which it was parked.

As you read this you will appreciate how irrational it is and hopefully this will shape the tone of your informal reps.

You're asking for discretion, so pl don't p**s them off with wild, irrational and unsubstantiated accusations. Stroke their backs and egos and was your hands afterwards.