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PCN Appeal help

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Hi

 

I'm looking for some help/advice on a PCN appeal please.

 

I parked on a pavement outside my work (in Edinburgh) for 15 mins. The road adjacent to the pavement has a single yellow. I came back to find I had a PCN, Code 01 - Parked in a restricted street during prescribed hours.

 

I think this should have been Code 60 - Parked on an urban road with one or more wheels resting on a footway, land between two carriageways, grass verge, garden or space

 

so I appealed it to say that the offence stated was not commited.

 

I have just received a reply to say that the appeal has been rejected as the vehicle was parked on a public footway which is part of the restricted area.

 

It goes on to say that - 'By virtue of the Roads (Scotland) Act 1984, a road is defined as any way (other than a waterway) over which there is a public right of passage and includes the roads and verge. Parking restrictions apply to the carriageway and also the adjacent area, such as pavement, if there is a public right of passage over the adjacent area.'

 

 

So do I just have to pay or does anyone know how much chance there is of a further appeal being successful?

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I believe the contravention code is correct as they point out on their rejection. The yellow line applies to the entire carrigeway up to the boundary of the footpath or verge (typically up to a garden wall or the building line.)

 

If you post a pic of the pcn up on here after deleting your private details then the council pcn experts can check it for any other flaws that it might contain.

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I believe the contravention code is correct as they point out on their rejection. The yellow line applies to the entire carrigeway up to the boundary of the footpath or verge (typically up to a garden wall or the building line.)

 

If you post a pic of the pcn up on here after deleting your private details then the council pcn experts can check it for any other flaws that it might contain.

 

Thanks

 

I don't have access to a scanner, unfortunately.

 

It appears that this would only be an incorrect code if there was no yellow line, in which case they could have used code 60.

 

As it is it looks like I need to pay :sad:

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with a pcn with the contravention 01, the yellow lines 1 or 2, shows that there is a parking restriction, this restriction actually starts from the building/property line to the centre of the carriagway. unless you where delivery items of bulk the pcn would be hard to fight against.

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