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PCN for obstruction?!?!?!


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i recieved a pcn for obstruction parked here as shown (mine is the blue seat leon)

 

http://img638.imageshack.us/img638/4884/1283430679966.jpg

 

http://img710.imageshack.us/img710/5254/1284229441586.jpg

 

http://img215.imageshack.us/img215/903/1283430703277.jpg

 

http://img836.imageshack.us/img836/474/1284382217919.jpg

 

there are no signs saying about not parking here ANYWHERE, there are no double yellow lines, there is more than enough room to get a fire engine past or any other emergency vehicle, what could i possibly be obstructing??

 

furthermore isnt the PCN invalid because it doesnt state what i was obstructing??

 

thanks to anyone that can help

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There needn't necessarily be signs saying not to park there, if there are signs elsewhere saying you must park in designated spaces only.

 

There is a sign at the entrance to the car park which I can see via Google street view, but I can't read it. It would be helpful to know what it says.

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If there are no signs at all specifying what the parking regs are, then I think you have a case on that basis.

 

I don't believe a code 92 needs to state what is being obstructed. It means in everyday terms that the vehicle is potentially in someone's way. It's a judgement on the part of the CEO in a case like this. Potential doesn't mean actual of course, and you may have been causing no problems on tha day.

 

Anyhow, I think you can appeal on the basis that there in no apparent requirement on you to park in a certain place.

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that isnt a footway its just a decorative road surface, arnt pavments supposed to be raised??

 

furthermore isnt the PCN invalid as it doesnt state what it is obstructiong??

 

 

a) no they do not have to be raised and it certainly looks like its a footway crossing to me which is why there are bollards and the dark coloured suface continues off the road.

b) no there is no need to state what it is obstructing

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From the images, the cars parked behind yours (in 2nd pic) would almost make it impossible for the cars parked in the bays opposite to reverse out so perhaps on the day they all got tickets following complaints and the CEO slapped one on yours in the matter of 'fairness'. However, I have to agree with Jamberson there must be some signage somewhere to have enforcement unless you were actually causing an obstruction. If it was because of parking on the footpath then it's the wrong contravention anyway so it can't be for that reason. I suspect it is because of the parking bays opposite.

 

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What may cover this is Highway Code rule 242 and its RTA equivalent:

 

242You MUST NOT leave your vehicle or trailer in a dangerous position or where it causes any unnecessary obstruction of the road.

 

[Laws RTA 1988, sect 22 & CUR reg 103]

 

this corresponds to http://www.legislation.gov.uk/ukpga/1988/52/section/22/enacted which is:

22 Leaving vehicles in dangerous positions

If a person in charge of a vehicle causes or permits the vehicle or a trailer drawn by it to remain at rest on a road in such a position or in such condition or in such circumstances as to be likely to cause danger to other persons using the road, he is guilty of an offence.

 

I don't believe a location has to have yellow markings to be an obstruction if you park there - from what the law says, if it is likely to be dangerous being left there there is an offence committed. You still have to park in an appropriate place. This may well be the basis of the PCN.

 

Additionally, in Cornwall it is not illegal to park on the pavement - in London it is, and you "should not" do so elsewhere (HC 244) - but then, if you are causing an obstruction, the pavement (even if it is levelled) presumably still counts. I agree with G+M - looks like potential obstruction of pedestrians to me - as it's clear a vehicle can pass.

 

(I haven't managed to track down a copy of the Road Vehicles (Construction & Use) Regulations 1986 - at least not the applicable section.)

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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From the images, the cars parked behind yours (in 2nd pic) would almost make it impossible for the cars parked in the bays opposite to reverse out so perhaps on the day they all got tickets following complaints and the CEO slapped one on yours in the matter of 'fairness'. However, I have to agree with Jamberson there must be some signage somewhere to have enforcement unless you were actually causing an obstruction. If it was because of parking on the footpath then it's the wrong contravention anyway so it can't be for that reason. I suspect it is because of the parking bays opposite.

 

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

Parking on the footpath is only a contravention in London, though. As I understand it they can only actually give you a contravention for something which is against the law, though they can use not following recommended practice as evidence for blame at a higher level.

244

 

You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

 

[Law GL(GP)A sect 15]

It's not recommended anywhere else but that's not the point - it isn't illegal, unless it can be termed an obstruction or something else. That act only pertains to London.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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Looks like a small road leading off to somewhere from at least one of the pictures, though. A google around shows it's here which does seem to be the case. Shame even with zooming in you can't read what that sign says.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

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Looks like a small road leading off to somewhere from at least one of the pictures, though. A google around shows it's here which does seem to be the case. Shame even with zooming in you can't read what that sign says.

 

Councils can only do you for obstruction in a car park if its highway the PCN is void but the bays do make it look like off road parking.

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It does make me laugh that on the GSV image there is a car parked in a similar kind of place to where the OP's car is - meaning it may well be more difficult for pedestrians to walk along the different coloured brick path or for cars to get out of those disabled spaces.

 

At least up here the local authorities can fine you for not parking wholly in a marked bay in the multi-storeys. Even if the same thing applies there, though, it would not be relevant to the PCN as it is for obstruction not bay infringements. It would be helpful to see what the actual regulations are concerning this car park.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

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