Contravention 26 - Parking straight onto a yellow line

[beffbee]

Hello!

 

I received a PCN Code 26 for parking straight onto a single yellow line.

 

This is a quiet section of road in front of the Windmill Pub in Clapham Common.

I've lived in the area for 6 years and park here every saturday morning, and always pull nose into the spots, as all the other cars do as well.

 

I received a PCN code 26 "Vehicle parked more than 50 cms from the edge of the carriageway and not within a designated parking place." However as the pictures show, i literally could not have been closer to the yellow line.

 

The parking as been done this way for years and years - and it feels odd that i received the ticket at 8:35am on a saturday morning, when the parking is only restricted Monday - Friday.

 

I saw the parking attendant later on giving more unsuspecting car owners tickets for the same thing

- i asked him why i have received one when i've been fine parking there for over six years.

He said that it was because my wheel is more than 50cms away from the yellow line.

I have searched the highway code but can't find anything that says this must be done.

 

I did refute the ticket initially, however Lambeth council upheld the charge.

 

Do i have any grounds for fighting this?

 

Thank you in advance!

 

 

 

 

 

[dx100uk]

can you pop those into ONE multipage PDF please

read upload

so we can zoom and rotate.

 

ta

[Michael Browne]

The contravention occurs when a vehicle waits more than the specified distance from the edge of the carriageway and not within a designated parking place.

 

The CEO is either ignorant or being economical with the truth. There is nothing in the reguklations that mentions wheels. it's any part of your vehicle and the councils photos clearly show your car within 50cms of the SYL

 

Post up your reps and Lambeths rejection letter

[beffbee]

Thanks for the quick replies.

 

Here's the photos in a PDF form as well as my reply from Lambeth.

Parking photos.pdf

Lambeth response.pdf

[Michael Browne]

The regulation prohibits the waiting of a vehicle where:

(a) the vehicle is on the carriageway of a road and wholly or partly within a special parking area; and

 

(b) no part of the vehicle is within 50 centimetres of the edge of the carriageway; and

 

© the vehicle is not wholly within a designated parking place or any other part of a road in respect of which the waiting of vehicles is specifically authorised

 

Both your and the councils photos confirm you were parked within 50cms NB (b) which mentions 'no part of the vehicle' nothing to do with wheels at all .(although to be fair rejection letter makes no mention)

 

Wait for the NtO and make representations

[beffbee]

Thank you so much. I will send in my Representation and let you know how i get on. I really appreciate the help!

[ericsbrother]

agree, the reg is for parking too far away from the kerb ( clobbers people double parking in Sth Kensington). If you have committed an offence it would be obstruction but that can apply to any vehicle for almost any reason if a police officer says so and nowt to do with a CEO.

Formal appeal

[beffbee]

Hello all,

 

Well, Lambeth are upholding the PCN. I'm still baffled, they said it's because i'm more than 50cms away from the kerb. I've attached their formal response. At this point, i think i'll just have to pay it, unless anyone has had some positive experiences with the Tribunal appeal?

 

Many thanks in advance

 

 

[Michael Browne]

I would definitely appeal to London Tribunals. a) you now have nothing to lose, even if your appeal is refused, you will still only owe £130. b) IMO you have a very good chance of winning and owe nothing.

[ericsbrother]

well, no car sold today is less tha 50cm wide so that argument is flawed.

Also have a gander to see if the area is designated as on street parking or parking bay.

 

The other thing to do is look up the specificatiosn for the lines on the road, they have a minimum width and so forth.

Check to see if the ends of the paint lines are terminated correctly.

If not them it isnt a designated on street parking area and the 50cm rule wouldnt apply.

 

Get digging, it isnt that long since that bit of the road belonged to the brewery and the parking zone is on the other side of the road sop the plate you have photographed doesnt apply.

I cant see any plates limiting the parking times for the SYL and all of the other vehicles on goggleyes are parked as you were, which has been the custom since I lived there 40 years ago.

 

I think you stand a very good chance of getting this knocked back, you should use the term "dereliction" when it comes to them arguing about which way round the car should be and anyways, I'm sure it is the wrong application/understanding of the supposed offence

Edited December 31, 2018 by dx100uk
space/spell

[Jamberson]

I am interested in the outcome of this one. If you do go to a tribunal, please would you come back and tell us what the ruling was.

 

It seems from what I can find online that Michael's point is correct - in essence, if any part of the vehicle is closer than 50cm to the kerb, you are not in contravention. That doesn't make sense to me, but it seems to be how the regs are worded, in which case you are not in contravention.

 

One thing you might try meantime is calling the council's parking section and just asking if they could clarify the rules. Explain what happened and ask why you are in contravention - see what they say. It might clarify things, or it might make them withdraw the charge - you never know your luck.