Wrong code on PCN

[julie23]

Hi there

 

Can anyone tell me if one has a right to appeal a PCN if the offence is recorded as one thing when it is entirely another? And the other although technically an offense was only just.

 

My friend got a PCN for parking partly on a pavement. The marked parking bays in the controlled parking zone for which a yearly fee is paid, extends from the road up onto the pavement as it is a narrow road. When queried, it turned out the offense was not parking within the white painted lines. The tires went over the line on the pavement side by a few inches, but the whole car was within the front and back lines OK.

 

In this case if the fine is paid, would it have to be at the higher rate for code 62 (parked on pavement) or the medium for code 24 (incorrect parking in bay)

 

Thanks in advance

[Jamberson]

I would think either code could apply, but code 24 is probably the more appropriate. (You can't choose though - if you're going to pay, you'll have to pay the amount they are asking.)

[julie23]

Thank you for replying.

 

It is not an offence though to park on the pavement in that road, it was approved by the council even before they painted the bays,which go around over a foot onto the pavement, that is why I don't think using of code 62 on the ticket is correct and when the council informed on the phone that the offence was actually code 24.

[Jamberson]

Hmmm. I think it depends on definitions. Is the area which is on the pavement but inside the marked bays, considered part of the carriageway? If so, then code 62 could logically apply. But I agree that code 24 is the one which would generally be used.

 

Are you planning to appeal? If so, you may as well go ahead and state that the wrong contravention is stated, and hope they agree.

[fro]

I will appeal it asap, they can't start changing the code, they have issued code 62 which you are not guilty of, so good grounds for appeal their mistake your get away.

[green_and_mean]

If there are marked bays on the footway then parking is permitted on the footway within the bays, if you are outside the bays you are outside the exempt area therefore parked unlawfully on the footway code 62

[crem]

I thought when there was a possibility of 2 offence codes that are charged at different rates, then they used the lower one?

[Scooby Doo69]

If you feel that the FPN was issued incorrectly and for the wrong offence then you may win the appeal. Either way you have nothing to lose by appealing, it's 50-50.