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Parked over a Footpath (Code 62) PCN, Require urgent help

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Hello Guyz,

 

I am new to the forum and decided to join this forum to get some help against recently issued PCN.

 

I recently parked my car with one wheel over a footpath. On this road, parking with one wheel on the footpath is allowed but only within marked space. Also there is no parking allowed between Monday to Friday from 8am to 6:30pm. On that road, people often park their cars with one tyre on the foot path.

 

On the day, I was not sure if I was allowed to park there so I parked my car with one tyre over a footpath. I got out of a car to check the parking restrictions and realized afterwards, that I can only park on footpath within marked space.

 

As soon as I realized it, I moved my car. The car was moved within 3 minutes of parking it. You can also see me in the background checking the parking restrictions.

 

I really can't afford to pay the PCN so can you please help me appeal against PCN.

 

Do I have any grounds to appeal?. On the basis that I only got out of the car to check the parking restrictions and moved my car withing three minutes after checking the parking restrictions. Or on any other basis?

 

I have attached all relevant pictures and PCN as well.

 

Any help will be much appreciated.

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I think it would be reasonable if you really did stop, go and read the sign and then move on. But you say you were parked for three minutes, so I am doubtful that an appeal would work. It should only take 10 seconds or so to look and read a sign. I can't see any other grounds for appeal.

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Hello Everyone again,

 

I have drafted a letter to appeal against PCN. Can you please have a quick look and make any amendments if you feel they are required.

Is this ok to be sent?

 

Your input will be highly appreciated

 

 

Parking and Traffic Enforcement,

PO Box 1125,

Warrington,

WA55 IEJ

 

Dear Sir/ Madam

 

Penalty Charge Notice number:

Vehicle registration: [oppss]

 

I am writing to formally challenge the above Penalty Charge Notice.

 

On my vehicle was issued with a Penalty Charge Notice for the reason of Parked with one or more vehicles on or over a footpath.

 

In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention did not occur.

 

I was looking for a place to park my car on 10/06/2013 and I saw a sign on Waldegrave Road, which clearly states that footway parking is allowed on the road. Please find enclosed a copy of the sign on Waldegrave Road.

 

I then saw marked white markings on the same road. I found another sign which suggested that no parking is allowed between Monday and Friday from 8am to 6:30 pm.

 

Due to the contradictory nature of the signs, I decided to park and get out of the vehicle to properly check the signs.

 

Because the signs on Waldegrave road were not clear and contradictory, I decided to move my car. The car was moves within one and half minutes of parking it. You can also see me in the background (On the pictures you had sent me) checking the signs. Further evidence can also be obtained by watching the complete video footage.

 

As I only got out of the car to check the contradictory road signs, this does not constitute a contravention of code 62.

 

Therefore, I will kindly request you to cancel PCN on this occasion as it was illegally issued as no contravention took place.

 

I require a copy of the video footage as well, which will serve as further evidence to take my appeal to Independent Parking Adjudicator

 

I also like to know why CCTV enforcement took place on this road and the reason behind issuing PCN by post.

 

Can you also send me a copy of traffic order to prove that pavement parking is not allowed on Waldegrave Road.

 

 

 

I look forward to hearing from you.

 

Yours sincerely

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Hello Everyone again,

 

I have drafted a letter to appeal against PCN. Can you please have a quick look and make any amendments if you feel they are required.

Is this ok to be sent?

 

Your input will be highly appreciated

 

 

Parking and Traffic Enforcement,

PO Box 1125,

Warrington,

WA55 IEJ

 

Dear Sir/ Madam

 

Penalty Charge Notice number:

Vehicle registration: [oppss]

 

I am writing to formally challenge the above Penalty Charge Notice.

 

On my vehicle was issued with a Penalty Charge Notice for the reason of Parked with one or more vehicles on or over a footpath.

 

In accordance with the Road Traffic Act 1991, my challenge is on the basis that the contravention did not occur. unless you live in Scotland the RTA 1991 in regards parking has been repealed

I was looking for a place to park my car on 10/06/2013 and I saw a sign on Waldegrave Road, which clearly states that footway parking is allowed on the road. Please find enclosed a copy of the sign on Waldegrave Road.

 

I then saw marked white markings on the same road. I found another sign which suggested that no parking is allowed between Monday and Friday from 8am to 6:30 pm.

 

Due to the contradictory nature of the signs, I decided to park and get out of the vehicle to properly check the signs.

 

Because the signs on Waldegrave road were not clear and contradictory, I decided to move my car. The car was moves within one and half minutes of parking it. You can also see me in the background (On the pictures you had sent me) checking the signs. Further evidence can also be obtained by watching the complete video footage.

 

As I only got out of the car to check the contradictory road signs, this does not constitute a contravention of code 62. If you had just got out of the car to check the signs it should have been on the carriageway, you should only park on the footway if you have seen a sign stating its permitted.

Therefore, I will kindly request you to cancel PCN on this occasion as it was illegally issued as no contravention took place. What law has been broken? A CEO had reason to believe you were in contravention and issued a PCN as he/she is legally entitled to do.

I require a copy of the video footage as well, which will serve as further evidence to take my appeal to Independent Parking Adjudicator you are only entitled to view the footage at the Council offices or wait until you have lodged an appeal at PATAS and then a copy will be sent to you.

I also like to know why CCTV enforcement took place on this road and the reason behind issuing PCN by post.

 

Can you also send me a copy of traffic order to prove that pavement parking is not allowed on Waldegrave Road. A traffic order is not required since the contravention is laid down in a statute, it was made an offence to park on the footway in London in the 1970's.

 

I look forward to hearing from you.

 

Yours sincerely

 

..

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..

 

Thank you for your reply.

 

You have shredded my entire reply in pieces lol.

 

Can you please redraft the letter and guide me how i should appeal against it.

 

Your help will be highly appreciated

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Dear Parking Services,

I would like to contest the PCN issued to me on ##### for the contravention of parking on the footway. On the day in question I pulled onto the footway to park after seeing other vehicles parked in the location. Upon exiting the vehicle I observed that the section of road I had parked in did not allow footway parking so I got back in the vehicle and moved to another location. The cctv footage of the alleged contravention should show that I did not actually 'park' the vehicle but merely stopped to check the signs. There have been numerous cases at PATAS that have stated that stopping briefly on the footway to open a gate, check signs or drop off a passenger is not considered parking under the relevant statute.

I would also point out that the signs at the location do not state 'park within marked bays' just that footway parking is permitted. Whilst I appreciate that footway parking can damage the footway or cause an obstruction for pedestrians it is permitted elsewhere in this street so stopping briefly to check a sign could not be considered an issue or the Council would not permit cars on the footway in the road at all.

I would in addition if my challenge is rejected like an explanation why footway parking is enforced by camera at this location and a copy of the Councils protocol on issuing to vehicles that stop to check signage on restrictions that are in fact no waiting and NOT no stopping.

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