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Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek face to face professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek face to face professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek face to face professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek face to face professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek face to face professional advice for clarification prior to taking any action.

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

CARR V LONDON BOROUGH OF HARINGEY

Case No. : 2070469651 PCN Number: HY24262670

Vehicle parked more than 50cm (or other specified distance) from the edge of the carriageway and not within a designated parking place

The Parking Attendant noted all the details of Miss Carr's vehicle and recorded that this Penalty Charge Notice (PCN) was fixed to the vehicle five minutes after it was first seen. The PCN alleged that the car was parked "more than 50cm from the kerb and not within a designated parking place". The Attendant drew a sketch in the pocketbook showing the position of the car.

Miss Carr challenged the PCN on the basis that her car had been parked in a dead-end street, where she said that residents and commercial tenants used the space at the end of the street as a parking place on a daily basis. She pointed out that her vehicle was not blocking any other vehicle, and that there were no yellow lines painted in the road or any notices prohibiting parking in that space.

The Council rejected her representations, stating that her vehicle was "double-parked outside 5A Fairfield Gardens", and that double-parking is a contravention which can be enforced at any time.

In her Notice of Appeal Miss Carr rejected the allegation that her car was double-parked. She produced a photograph which she said showed her car on the day the PCN was issued, with a diagram showing the position of the car relative to other vehicles and the edges of the road. In their Case Summary the Council stated, "It is a contravention under the London Local Authorities Act 2000 to park more than 50cm from the kerb", which they said was what the Parking Attendant had recorded occurred in this case.

Whilst this contravention is commonly referred to as "double-parking", that expression does not appear in Section 5 of the London Local Authorities Act 1995, as substituted by Section 6 of the London Local Authorities Act 2000. Nor, crucially, does the word "kerb". Section 5(2) of the 1995 Act prohibits the waiting of a vehicle where:

(a) the vehicle is on the carriageway of a road and wholly or partly within a special parking area; and

(b) no part of the vehicle is within 50 centimetres of the edge of the carriageway; and © the vehicle is not wholly within a designated parking place or any other part of a road in respect of which the waiting of vehicles is specifically authorised

Looking at both the Parking Attendant's sketch and Miss Carr's sketch and photograph, it is clear that her car was parked more than 50 centimetres from the "kerb", if that is taken to mean the edge of the footway on either side of the street. It is not possible to ascertain whether or not there is an actual kerb, i.e. made up of kerbstones, across the end of the road, but this does not matter, because what is clear is that the carriageway ends just in front of where Miss Carr's car was parked. That is to say that the carriageway in this road has three edges, rather than just the normal two along the footways.

Both sketches and the photograph show Miss Carr's vehicle parked at the end of the road. In the absence of specific evidence from the Parking Attendant as to how far the front of her car was from the edge of the carriageway at the end of the road I cannot be satisfied that no part of the vehicle was within 50 centimetres of the edge of the carriageway.

Accordingly I cannot be satisfied that a contravention of Section 5 of the 1995 Act occurred. I therefore must allow this appeal.

[it would appear that the Council have been misled by their own use of the expression "double-parking", and also by choosing to use the expression "parked more than 50cm from the kerb" in the PCN itself. The wording does not accord with the Standard PCN Codes agreed by London Councils, which correctly reproduces the words of the legislation: "Vehicle parked more than 50cm from the edge of the carriageway and not within a designated parking place".]