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I hoped that someone could help clarify my situation. I recieved a pcn on a Sunday Morning having parked in the same place I have parked for close to 4 years without problem.
From what I understood, there was no contravention for parking on the footpath so long as there was no obstruction. I'd appreciate if anyone with a better understanding could review my photographs of my parking and of my PCN with any advice.
If that is your car in the picture, I would say (in my opinion) that it is causing an obstruction.
A person in a wheelchair or someone pushing a pram, would find it very difficult if not impossible to negotiate round your car and remain on the pavement.
If that is your car in the picture, I would say (in my opinion) that it is causing an obstruction.
A person in a wheelchair or someone pushing a pram, would find it very difficult if not impossible to negotiate round your car and remain on the pavement.
However, that is not what the pcn is issued for and therefore irrelevant.
The PCN is issued for a valid contravention anyway. The restrictions described by the yellow lines - no waiting at any time - apply to the whole width of the highway and not just the carriageway. IOW, they apply equally to the pavement.
However, that is not what the pcn is issued for and therefore irrelevant.
The PCN is issued for a valid contravention anyway. The restrictions described by the yellow lines - no waiting at any time - apply to the whole width of the highway and not just the carriageway. IOW, they apply equally to the pavement.
What about the link to the Scots Law News pat? Although it is a good while ago and may have been refuted since.
I'm with Pat on this - the pavement is effectively 'invisible' when it comes to enforcement. The idea you had to be on only one side of the yellow lines (the roadway) for a ticket to be valid has been an urban myth for years. I'd also say that ANY vehicle with its wheels on a pavement is causing an obstruction to pedestrians and those who may be visually or mobility impaired.
If you want to take it to the limit, by all means dispute the assertion by the PA, but the Adjudicator will have the finals say, and then you'll have your answer. At least if you appeal within the time, it'll freeze the cost until you get the decision, so it needn't cost you the full amount.
Thanks for your input and opinions so far it is much appreciated.
However can anyone verify the current standing as per the "Scottish Parking Appeals Service (SPAS)" ruling as described in the article in the link Scots Law News, Edinburgh Law School
For the record I would like to point out that I am not an inconsiderate parker and that for anyone to become obstructed by my parking they would need to go out of their way, leaving the footpath on adjacent side of road to reach the island that I had parked on, before having to return to the side of the road they were already on to continue on their route.
I have to admit, I find the entry perplexing, as it states nothing to support the asserton - apart from the 'fact' that is is supposedly legal - no statute, by-law or other reference. If you are in the situation outline, print off the article and use it as part of the defence strategy - it'll be the only way to find out if it is true in practice.
The ruling by SPAS is ludicrous the restriction by statute covers the highway (which includes the footpath). Since there is no legal road marking for footway parking prohibition the ruling makes parking restrictions pointless, instead of parking in a pay and display you could just park on the footway next to it for free?! Or maybe SPAS think that another set of yellow lines could be painted along the footway? Since decriminalised areas cannot enforce obstruction but would rely on the Police to do so surely if everyone just parked on the footway SPAS would go out of business, lol.
I spoke with SPAS and they deny that 'footpath parking' is legal, but add they can only adjudicate on matters they have been empowered to do so. From this, I get the impression that because of decriminalisation the parking ticket can only cover problems relating to their specific issuance. A vehicle parked on the pavement would therefore be causing an obstruction and could be ticketed, but only by the Police or a TW (assuming there are any left).
I have to emphasise this is my interpretation of what 'wasn't' said (if you see what I mean). The issue being a parking violation existed but that a non-appropriate agency is attempting enforcement.
Road in relation to England and Wales, means any (length of) highway and any other road to which the public has access, and includes bridges over which a road passes
Placing of road markings and signs to indicate prohibitions and restrictions on waiting, loading and unloading and parking 22. - (1) Subject to paragraphs (2) and (3) -
(a) the road marking shown in diagram 1018.1 may be placed on a side of a road only for the purpose of indicating a statutory prohibition or restriction on the waiting of vehicles which applies on that side of the road at all times of day on every day of the year or on every day in a period of at least four consecutive months; and
(b) the road marking shown in diagram 1017 may be placed on a side of a road only for the purpose of indicating a statutory prohibition or restriction on the waiting of vehicles which is not a restriction of the kind mentioned in sub-paragraph (a).
If a 'road' is defined as a part of the highway public have access then the footway is 'road'. It therefore follows that a yellow line restriction that indicates a restriction on that side of the 'road' includes the footway. The law as to what constitutes a road may be different in Scotland but I would like to see the judgement in full.
I'll be able to keep you updated first hand on this as I've just received a letter from GCC advising rejection of my representations to cancel a ticket whilst my scooter was parked in a bike bay.
The ticket stated my bike was parked in a controlled street IN a loading bay. It was not in any loading bay, as the bike security hoops were on either side of my scoot, and concrete bollards prevented any vehicle from using the bike bay, so the loading bay argument is erroneous.
In their response, they assert the bike was parked 'in close proximity' so they believe they have just cause. We'll see, as I need the 'Notice To Owner' to move this on apace.
Interestingly, they state that the PA noted an information plate was nearby. I have a 360deg video of the area and there is one on the other side of the street, however since I wasn't;t in the loading bay, this is a red herring.
I'd like to steamroller them, it is possible to make a Statutory Declaration without waiting for their form?
Scots Law (252) PARK ON THE PAVEMENT
on a Sunday Morning having parked in the same place I have parked for close to 4 years without problem.
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Originally Posted by BoardinBob
