Fixed Penalty notice 151 unnecessary obstruction

[pebbles2008]

Hi, I got a £30 fixed penalty for parking half on, half off the kerb on the right hand side of a dead end road. Loads of cars park all along it both sides so we all tend to park half on the kerb to allow more space in the road. There was no dropped kerb or anything or yellow lines/bays etc and it is not a road that people usually walk down. There was enough room to walk past my car on the kerb. I don't suppose this can be challeneged in any way can it?

thanks for any advice

[old_andrew2007]

Bump

[patdavies]

It can only be challenged by election to take the matter to a Magistrates' Court. (note: not paying is not enough to do this)

[nero12]

Originally Posted by pebbles2008

Hi, I got a £30 fixed penalty for parking half on, half off the kerb on the right hand side of a dead end road. Loads of cars park all along it both sides so we all tend to park half on the kerb to allow more space in the road. There was no dropped kerb or anything or yellow lines/bays etc and it is not a road that people usually walk down. There was enough room to walk past my car on the kerb. I don't suppose this can be challeneged in any way can it?

thanks for any advice

rta 1984

the issuing authority must provide evidence that the offence took place.
This will be in the form of pocket book notes and/or photographs.


If you wish to contest that unnecessary obstruction did not take place then you must go through the magitrates courts.

However the onus is on the issuing authority, and it is the driver who is liable and not the owner/keeper of the vehicle and that the offence has been proven beyond all reasonable doubt


The authority are obliged by law to disclose evidence 7 days before trial.

You have the right therefore to obtain all evidence that the offence took place and that it is not vexatious allegation by an officer attempting to meet gouvernment targets.


In your defence, proof must be provided that the offence did not take place maybe from witnesses etc.

[green_and_mean]

Parking on the footway is 'an unnecessary obstruction' due to the wording of the Highway code. A magistrate is unlikely to consider your argument the road was to narrow to park on the road, it is after all the motorists duty to find a safe parking place even if its not as convenient.

[patdavies]

Also bear in mind that the "issuing authority" may well be a Police Officer, not a Council numpty.

[nero12]

Originally Posted by green_and_mean

Parking on the footway is 'an unnecessary obstruction' due to the wording of the Highway code. A magistrate is unlikely to consider your argument the road was to narrow to park on the road, it is after all the motorists duty to find a safe parking place even if its not as convenient.

I thought areas outside of london allow for footway parking ie two wheels on the kerb of footway unless signs are visible to state otherwise .
This would allow for emergency vehicles access to the road if need be.

[green_and_mean]

Originally Posted by nero12

I thought areas outside of london allow for footway parking ie two wheels on the kerb of footway unless signs are visible to state otherwise .
This would allow for emergency vehicles access to the road if need be.

244

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

[nero12]

Originally Posted by green_and_mean

244

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

found this mate

Outside of London is different. If councils wish to ban footway parking, they must make a specific order. Where this is the case, signs must be erected indicating the extent of the prohibition. Therefore in London you cannot park with one or more wheels on the footway unless signs say you can, elsewhwere you can park with wheels on the footway unless signs say you can't. However where footway parking is not banned you can still be booked for causing an obstruction.

[green_and_mean]

Originally Posted by nero12

found this mate

Outside of London is different. If councils wish to ban footway parking, they must make a specific order. Where this is the case, signs must be erected indicating the extent of the prohibition. Therefore in London you cannot park with one or more wheels on the footway unless signs say you can, elsewhwere you can park with wheels on the footway unless signs say you can't. However where footway parking is not banned you can still be booked for causing an obstruction.

Isn't that what happened!? The text you have quoted from refers to DPE by Councils in which is not relevant in this case because a PCN would have been issued not a FPN.

[nero12]

Originally Posted by green_and_mean

Isn't that what happened!? The text you have quoted from refers to DPE by Councils in which is not relevant in this case because a PCN would have been issued not a FPN.

so what your saying is that in crimmed areas, outside of london
footway parking has to be signed to allow, and decrimmed areas have to sign to prohibit.

What I am trying to determine is weather a sign need to be obeyed or was this just a jobsworth trying it on if you see what i mean.

Possibly moot now if your right.

In which case conceed and pay.

[lamma]

anyone found an approved sign for prohibiting footway parking ? ? ? or dropped kerb parking come to that ?

[green_and_mean]

Originally Posted by nero12

so what your saying is that in crimmed areas, outside of london
footway parking has to be signed to allow, and decrimmed areas have to sign to prohibit.

What I am trying to determine is weather a sign need to be obeyed or was this just a jobsworth trying it on if you see what i mean.

Possibly moot now if your right.

In which case conceed and pay.

Roads are for cars & paths are for people surely thats not too hard to comprehend is it? Its hard enough to cross the road these days without having to contend with cars on the footway as well. Regardless of DPE or Police enforced you cannot park on the footway unless signed as such, some Councils and Police forces turn a blind eye to it unless a buggy cannot past but if reported by the public they are obliged to act. Councils cannot presently enforce it due to the signage problem as there is no approved signage in the TRSGD to indicate an enforced area.

[green_and_mean]

Originally Posted by lamma

anyone found an approved sign for prohibiting footway parking ? ? ? or dropped kerb parking come to that ?

A dropped kerb does not need signage as its prohibited everywhere by statute in a SEA.