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PCN code 62 - parked with four wheels on pavement


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Guest fuzzy6988

Hello there,

 

I was given a PCN code 62: "Parked with one or more wheels parked on or over a footpath or any part of a road other than a carriageway".

 

My car was parked with all four wheels on a pavement, just beside a sign which permits drivers to park on the pavement.

(See http://www.kingston.gov.uk/pavement_parking.pdf page 2, third column to see what this sign looks like)

 

As a result I appealed on the grounds the code was null and void based on the presence of this sign. In addition, the sign does not say you may ONLY park half of the vehicle on the pavement.

 

However my appeal was rejected based on "The sign indicates that parking with 2 wheels on the footway is permitted. As you were parked with all 4 wheels, the ticket was issued correctly".

 

Clearly this is unfair. Does anyone have any advice? Could I win a further appeal?

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Others may see this differently, but in my view the Council are wrong here; either pavement parking was allowed in that area or it wasn't. The Council seem to want it both ways. The signs are merely a visual indication of an exempted area.

I personally would take this 'all the way'.

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Where you are allowed to park on the pavement, as well as the signs the permitted area is usually marked on the ground and you must be inside that area.

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Where you are allowed to park on the pavement, as well as the signs the permitted area is usually marked on the ground and you must be inside that area.

 

Agreed and the sign does indicate two wheels on the footway if it meant 4 wheels it would have the appropriate sign ie http://www.opsi.gov.uk/SI/si2002/02311363.gif

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wrong contravention - you probably were parked 'outside the bay'. The signs says you can park on the pavement, you did and now they say that is a contravention !! CEOs are not the brightest which is good for us :) I haven't checked against the prescribed descriptions but of this is one where the prescribed descriptions/codes don't cover these circumstances thats their tough luck. There are quite a few holes in the signage/regs.

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wrong contravention - you probably were parked 'outside the bay'. The signs says you can park on the pavement, you did and now they say that is a contravention !! CEOs are not the brightest which is good for us :)

 

Some contibuters here are just as dim! Its a contravention to park on the footway unless in a marked bay so if you are outside the bay the contravention is correct.

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Can you take photos of the signage and bay and upload or if google streetview shows the signage as it currently is then link us to the location explaining where you were parked.

 

I would advise getting from the council the traffic order or council resolution that confirms where and where not paking on the footway is permitted.

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Some contibuters here are just as dim! Its a contravention to park on the footway unless in a marked bay so if you are outside the bay the contravention is correct.

 

I have noted for some considerable time that you appear take the greatest perverse pleasure in your confrontational posting style where opinions may not be in accord with your own.

 

I sincerely hope that your gratuitous juvenile remark was not directed at me.

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I have noted for some considerable time that you appear take the greatest perverse pleasure in your confrontational posting style where opinions may not be in accord with your own.

 

I sincerely hope that your gratuitous juvenile remark was not directed at me.

 

It wasn't aimed at you neither is it an opinion its fact.

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fuzzy6988, were there bay markings painted on the road and even with four wheels on the pavement were you wholly within the bay markings?

  • Haha 1

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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wrong contravention - you probably were parked 'outside the bay'.

 

Disagree. Footway parking is allowed according to the sign.

 

 

:confused: Can both quotes be correct?

 

BLUE Text is of topic and not aimed at any fellow poster's

 

There are poster's on CAG who I like to refer them as being ORACLE'S

their knowledge base is quite extensive,

sometimes when they post they sometimes appear arrogant.

Occasionally more than 1 appears in a thread with a different slant on the topic.

Sparks fly but more information is revealed about the topic at hand.

 

:)

 

dk

  • Haha 1

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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The sign refers to the bay not the entire street.

 

As you know full well it is the Order that counts, the signs merely indicate. Highlighting the sign is misdirection in my opinion. The words (and the authority) the LA used to 'opt out' of the no footway parking regs are what matters.

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I have noted for some considerable time that you appear take the greatest perverse pleasure in your confrontational posting style where opinions may not be in accord with your own.

 

I sincerely hope that your gratuitous juvenile remark was not directed at me.

 

I'm not the only one then! :rolleyes:

 

To the OP; according to the booklet in your link it sates that there are two signs, one showing the start of the exemption and the other showing the end. I'm assuming you were parked between the signs and not 'outside' them?

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales 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.

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I'm not the only one then! :rolleyes:

 

 

 

If some people would refrain from posting clearly incorrect factual advice then I would not need to disagree would I? I do not know on what your advice is based but 9 times out of 10 it just seems to be made up!

However I will finally give in to the wishes of those who never seem to actually help but prefer just to give opinons and moan and leave this forum.

You can carry on giving your incorrect advice and constantly wrong information I have better things to do with my time than constantly correct the rubbish you post and get slagged off for it.

I have given up a lot of my time over the last few years to help people on here and have had countless PCNs cancelled and for what a contstant barage of abuse and insults...thanks!

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Sorry to hi-jack

 

mean and green

 

I have found your postings to be quite correct and openly support your posting.

ie:- no flannel just advice. In other threads certain posters in their field come under attack as you get.

 

:)

 

regards

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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Back to the topic

 

 

Hello there,

 

I was given a PCN code 62: "Parked with one or more wheels parked on or over a footpath or any part of a road other than a carriageway".

 

My car was parked with all four wheels on a pavement, just beside a sign which permits drivers to park on the pavement.

(See http://www.kingston.gov.uk/pavement_parking.pdf page 2, third column to see what this sign looks like)

 

As a result I appealed on the grounds the code was null and void based on the presence of this sign. In addition, the sign does not say you may ONLY park half of the vehicle on the pavement.

 

However my appeal was rejected based on "The sign indicates that parking with 2 wheels on the footway is permitted. As you were parked with all 4 wheels, the ticket was issued correctly".

 

Clearly this is unfair. Does anyone have any advice? Could I win a further appeal?

 

the following is QUOTED from Kindston's PDF Link

 

"There are two exceptions to the pavement parking ban.A vehicle may park in an area which has been marked out and signed as being exempted from the ban. Where a section of footway is exempted itwill be marked by signs as below:-

 

you find signs in the OP's PDF link

 

The exempted area may also be marked out by additional white lining.

Exceptionally, a vehicle may also stop briefly on the footway to allow the continuous loading of a large quantity of bulky goods to adjacent premises.

This exemption only applies in these circumstances and only if:-

 

- The vehicle is not causing an obstruction to pedestrians;

- There is no loading restriction in place on the road;

- There is no alternative to parking on the pavement in order to reach the premises (i.e. stopping on the road would cause an obstruction); and

- The vehicle is never left unattended."

 

fuzzy6988

The link that you refer to leaves nothing to debate.

You parked with all 4 wheels on footway when you could only park with 2 wheels on the footway.

 

According to your own evidence you where parked in contravention to the Road Signs.

 

If you re-read you own thread starter post,

it contains all the evidence that the PCN was issued correctly.

 

My own opion is that:-

you parked, you received PCN,

you appealed, it failed, you pay it.

 

:)

 

dk

 

ps I can hear the cannon's being loaded for a broadside

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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fuzzy6988

The link that you refer to leaves nothing to debate.

You parked with all 4 wheels on footway when you could only park with 2 wheels on the footway.

 

According to your own evidence you where parked in contravention to the Road Signs.

 

Do you think that would still be the case if fuzzy6988 was parked wholly within the marked area?

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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yes

the sign he refered too only allowed two wheels on the footway.

look at the link in OP's post

 

:)

 

dk

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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yes

the sign he refered too only allowed two wheels on the footway.

look at the link in OP's post

 

:)

 

dk

 

dk

 

I can't see any where it states that. If you are referring to the actual sign dipicting the 'car' with 2 wheels on the footpath then I think you will find that is for the benifit of emphasizing a car being parked on a footpath and not necessarily meaning you can only have 2 wheels on it. If you were correct, then the contravention would not be "Parked with one or more wheels parked on or over a footpath or any part of a road other than a carriageway" would it because you can park with 1 or more wheels on the footpath providing you are within the area of the exeption and not causing an obstruction.

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

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.

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yes

the sign he refered too only allowed two wheels on the footway.

look at the link in OP's post

 

:)

 

dk

 

dk

 

The sign indicates an exemption to the ban on pavement parking. I saw nothing that restricts it to two wheels only.

 

Did I miss it?

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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you cannot contravene a sign. Signs merely indicate.

 

Ooo, I think you've left yourself wide open with that statement Lamma!

 

It would depend on the type of sign whether it can be contavened or not. In this case, the sign merely indicates the start and end of the exemption if thats what you mean. In my opinion, just because it shows an image of a car with 2 wheels on the footpath, it dosn't necessarily mean you cannot park with all foiur wheels on the footpath (according to the booklet the OP posted). I do note that the OP hasn't said whether he was parked in or out of the exemption area indicated by the signs. Also its interesting to note that the booklet was published in 2002 so perhaps there is one more current?

 

__________________

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 professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

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.

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:confused: The funny thing about this post is,

it is the first ever post the O P

has made to the forum, and not offered further

info.

 

will post again later

 

:)

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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Please note that this topic has not had any new posts for the last 3780 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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