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01 parked in a restricted street in Cardiff (double yellows)


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you could argue that they have failed to issue you a PCN for the parking on the pavement and ask them to consider charging you double.

Even if you were parked on land that wasnt the public highway Camden v Dawood would clobber you.

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I do feel that we're being slightly unfair to the OP on this one.

 

Parking on the pavement isn't specifically an offence (outside of London) unless there are signs to prohibit it. Strange but true. The morals of it are different.

 

However, someone parking on a pavement could find themselves on the wrong end of a PCN for obstruction. If there are witnesses (and a complaint is made), there may also be a case for an offence of driving on a footpath. But without witnesses, even though a vehicle parked on a pavement has obviously been driven there, a prosecution is unlikely.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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In London there is specific legislation about parking with one or more wheels off the carriageway

the problem for the OP is that the pavement is part of the public highway and the DYL refer to this not the carriageway.

 

In short, the OP has little to complain about but with all of these things if you dont ask you dont get so try appealing and say that 01 is the wrong code for the offence so ticket should be cancelled and see what they say

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  • 2 weeks later...

The footway forms part of the road as public have a right of way over it therefore any restriction covers the footway. Using common sense if it didnt what would be the point of yellow lines, p&d/permit parking bays etc if you could just drive up next to them on the pavement and park your car?! The only restriction that applies only to the carriageway is zig zags everything else covers the 'road' not just the carriageway.

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