Thread: Is it an offence to park on grass?

Hi
I park on the same road every day for work. At the beginning of the road are double yellow lines which end leaving a stretch of road where about 20 cars can park. Next to the road is a 2 foot strip of grass and then a railing. A footpath is on the other side of the road. At the beginning of the road (where the double yellows are) the road bends and the strip of grass is wide enough for 2 cars and today I parked there. On returning to my car I had a pcn issued by a Civil enforcement officer, contravention code 1 - parked in a restricted street during prescribed hours. My question is, is this an offence because I genuinely didn't think it was. These 2 spaces are always the first to be taken in the morning and I have parked there many times before. The location on the PCN is also wrong, it gives a neighbouring street, but to be honest if I am in the wrong I would rather pay than try to get off on a technicallity.
I would appreciate your advice

wrong street should be fatal to the pcn shouldn't it ? what council issued it ?

I don't really know about wrong street but if it meant going to court I really would rather pay. It was issued by Nottinghamshire County Council.

its civil - no court involved. post up photos of the pcn - suitably washed of personal details - and pictures of the location and signs and lines.

I'll post photos tomorrow with pcn. Thanks for your qick response by the way.

Originally Posted by lubyloo

but to be honest if I am in the wrong I would rather pay than try to get off on a technicallity.

Hi. But why not? "getting off on a technicality" could be translated as "applying the law exactly as it was intended". If there are flaws, you are not in the wrong.

Never looked at it like that. I do feel annoyed that I pay my car tax, insurance, council tax (£1600 this year)! and I wouldn't have parked there if I had known it was an offence. What would I need to do if I did dispute it?

There should be a addy on the back of the PCN either write to that, or there is a webpage for you to do it online: parking fine appeals - online : Nottingham City Council . In answer to your original question. A double/Single yellow lines covers from the middle of the road upto the property line (In most cases) so if you parked next to the line even though it was on grass i would say it was probably a valid PCN, But as a earlier poster said, the PCN will be quashed on appeal as the CEO was logged on the wrong street when he issued the PCN.

Elf.

Thanks. Would I write saying that I was not parked on the location indicated on the pcn or just saying that the PCN was invalid?

I have never appealed a pcn but i think it would be "I was not parked at the location/street indicated" The CEO would have taken photo's which would prove beyond any doubt that you were not parked at the location he said you were.

Elf.

from your description "The contravention did not occur" and "The penalty exceeds the applicable amount". plus ask for CEO notes and photos.

But the photos would still show that although I wasn't at the location on the pcn I was still comitting an offence by parking on the grass on another street. Wouldn't they then issue a correct PCN? I'm sorry if I sound simple but I have little experience or knowledge in this field.

they can't do that. they have missed the boat. the onus of proof is on the council. you don't have to say where you were and if you do they can't touch you for it. G&M knows the regs inside out, hopefully he will comment to help put your mind at rest.

Thank you so much. When I started this thread I was feeling uncharacteristically weak but thanks to your advice I think I will challenge this. Everytime I post a question I think of another one! My car is registered in my husbands name does it make any difference if I appeal in my name as I am the driver? Once again thanks.

Also, what if they haven't taken any photos where do I stand then?

Not sure how it works in Nott's but where i live when you type in your pcn number it should show a photo of your vehicle parked in contravention.

Elf.

Husband is the Registered Keeper I take it ? Is he the Owner ? the NTO goes to the owner. ask for CEO photos and CEO notes.

Originally Posted by lamma

Husband is the Registered Keeper I take it ? Is he the Owner ? .

For the purposes of TMA 2004 the registered keeper is presumed to be the owner unless proven otherwise.

thats exactly why I asked. RK may not be the owner.

Hi everyone. A couple of things, firstly my husband is the registered keeper and owner of the vehicle. I've been on the Nottinghamshire County Council website and looked through the grounds for appeal. I would need to appeal in the owners name and it states that incorrect date or vehicle registration number are grounds for appeal but doesn't mention anything about incorrect location. I'm still going to go ahead with it though as I don't see that I have anything to lose. If they reject my appeal the 50% discount applies from the date of rejection so it's worth a try. I'll have to upload the photos tomorrow as by the time I got chance today it was too dark. I'll let you know how I get on.