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FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
duncanjohn
Hi All,

I got a PCN on Saturday morning outside my house for having part of my rear wheel on the pavement (I live in London). Aside from the fact only about 2 inches of the wheel were on the pavement and not impeding any pedestrians' access I spotted a typo on the PCN.

The exact working is: "the following parking contravention has occurred: 621 Parked with one or more wheels on any part of an urban road other than a carriageway".

Clearly the parking attendant has made a mistake with the contravention code as parking on a footway is code 62. Is this reasonable grounds to appeal?

Thanks,

Duncan
clark_kent
QUOTE (duncanjohn @ Mon, 7 Jan 2008 - 12:18) *
Hi All,

I got a PCN on Saturday morning outside my house for having part of my rear wheel on the pavement (I live in London). Aside from the fact only about 2 inches of the wheel were on the pavement and not impeding any pedestrians' access I spotted a typo on the PCN.

The exact working is: "the following parking contravention has occurred: 621 Parked with one or more wheels on any part of an urban road other than a carriageway".

Clearly the parking attendant has made a mistake with the contravention code as parking on a footway is code 62. Is this reasonable grounds to appeal?

Thanks,

Duncan


The clue is in the '1' its a suffix to indicate how many wheels are on the footway. The code is of no legal bearing anyway its the wording that is required.
duncanjohn
Thanks a lot for that - saved me making a fool of myself writing to the council. I guess it's back to the original plan of appealing to the council's better nature...

I have to say I wasn't aware that you could be fined for even having just part of your wheel on the pavement but that's not a very convincing argument!

Cheers,

Duncan
clark_kent
QUOTE (duncanjohn @ Mon, 7 Jan 2008 - 12:51) *
Thanks a lot for that - saved me making a fool of myself writing to the council. I guess it's back to the original plan of appealing to the council's better nature...

I have to say I wasn't aware that you could be fined for even having just part of your wheel on the pavement but that's not a very convincing argument!

Cheers,

Duncan



I'm not sure of the case no. but I'm sure there was a ruling that the kerb stone did not form part of the footway if thats any help I guess it depends how far on the path you was. Its only illegal in London and a few other places due to a specific statute in the rest of the Country its not a specific offence in its own right. There is also an exemption to park off the road for (un)loading if the vehicle is not left unattended which may be worth considering.
Bernie the Bolt
Post both sides of the PCN (remove your VRM and the PCN no) and we can take a look. There may be some other issues.
duncanjohn
I'll have to upload the PCN tonight as I don't have a scanner with me at the moment. Here's my rear wheel though (if I've uploaded the photo correctly; if not you can see it here http://www.facebook.com/photo.php?pid=8334...mp;id=610940873) - the PCN was issued by Lambeth Council and I'm not sure where they stand on the footway / kerbstone debate. Thanks for all your advice so far!



bama
we don't all use facebook - or have logins for it. Imageshack (or similar) would give better access to the board members
clark_kent
It looks like a dropped kerb (on a drive), is this the case if so you have even more of a case. Its a laughable PCN I'm all for enforcing footway parking but thats just plain stupid!!
duncanjohn
sorry i thought facebook was public...

try these:

http://img242.imageshack.us/my.php?image=car2uc3.jpg

http://img184.imageshack.us/img184/2305/carfs8.jpg

it's not a dropped kerb but the pavement is very low - hence why i didn't notice when i drove up onto it!
duncanjohn
Morning all,

Many thanks for the tips yesterday - here are some images of the PCN that was left on my car

http://img110.imageshack.us/img110/9599/cc...00800000jd3.jpg

http://img341.imageshack.us/img341/3452/cc...00800001ay7.jpg

any help greatly appreciated!

duncanjohn
Hi All,

Does anyone have any advice on this one before I send my appeal to the council?

Thanks,

Duncan
sarahjaneking
Hi all,

hope you can help smile.gif
my PCN reads

"the following parking contravention had occurred: 48

Parked in a restricted area outside a school during term time."

when i look up the code here http://www.parking-appeals.gov.uk/contactNPAS.asp, and indeed anywhere else you care to look it is given as

"Stopped in a restricted area outside a school during term time."

as my pcn is worded differently does this give me grounds for appeal

kind regards

sarah king
mum of 4 and absolutely no more biggrin.gif
starlet108
QUOTE (duncanjohn @ Wed, 9 Jan 2008 - 09:40) *
Hi All,

Does anyone have any advice on this one before I send my appeal to the council?

Thanks,

Duncan



I would appeal it on the grounds that the offence did not occur. In order for a 62 (footway Parking) offence to occur - the wheel must be clear of the kerbstone. Yours clearly isn't - in fact you've done no more than clip the kerb with your tyre. It's not a valid PCN.
starlet108
QUOTE (sarahjaneking @ Thu, 14 Feb 2008 - 13:07) *
Hi all,

hope you can help smile.gif
my PCN reads

"the following parking contravention had occurred: 48

Parked in a restricted area outside a school during term time."

when i look up the code here http://www.parking-appeals.gov.uk/contactNPAS.asp, and indeed anywhere else you care to look it is given as

"Stopped in a restricted area outside a school during term time."

as my pcn is worded differently does this give me grounds for appeal

kind regards

sarah king
mum of 4 and absolutely no more biggrin.gif



What does your PCN say ?? Is there any way you could scan and post it minus your personal details ??
sarahjaneking
i've scanned it but how do i post it?

cheers sarah
saracengb
QUOTE (sarahjaneking @ Thu, 14 Feb 2008 - 13:35) *
i've scanned it but how do i post it?


Have a look here Sarah http://forums.pepipoo.com/index.php?autoco...ticle&id=16
sarahjaneking
hope this worked!!
ncmoody
Interesting.

For Instructions on payment - see overleaf

BUT ON TEAR OFF SLIP
sarahjaneking
is that wrong?

just had a quick look on the reverse and the back of the tear off bit just has a space for my name, address and method of payment, payment instructions are on the reverse of the top half

thanks again

Sarah
starlet108
If you wait for one of guys who really know their stuff to come on they'll tell you if the wording is wrong but I'm sure I've read before on here that the fact they have stated that 'You' are required to pay blah blah blah is not correct and invalidates the PCN in addition to what nmoody has correctly said above.
sarahjaneking
thanks guys
Chas820
Sarahjaneking you have hijacked Duncanjohns thread mad.gif PLEASE start your own as it gets confusing for people trying to help.
sarahjaneking
sorry will do

thanks sarah
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