Parking contravention 62 ticket appeal

peter_the_piper

Whatever the outcome may I suggest that you'll continue have grief parking such a long car in that position. Maybe consider a smaller one?

VOMIT

Thanks all for your replies! ;-)

Like I said we have had no problems with this issues for 6 months or so and suddenly we get this ticket so therefore I am eager to clarify this of course. Anyway we are rearranging the whole parking situation in the courtyard in a about a month or so to address this and other issues so shouldn't be a problem after this but of course do not want to receive further tickets in the meantime!

To Dave F327:

Yes I agree - sooo badly written!
"Your letter states that you parked on driveway and should have nothing to do with you.

I am not even English but can write better than that!

Anyway that aside the photos show exactly how we were parked at the time as we used to park with the front out - nowadays we park with the back sticking out and yes I agree - the car IS sticking out, however, just not sure if it applies to whole car or just wheels as I said as the PCN only refers to the wheels?

Starting to think maybe I should just pay it instead of risking £120 at the end of the day but I guess this is how they get people, as most people won't bother standing up to fight for their rights - even if they are totally within their rights to do so - and the scaremongering tactics of "pay before this 14 day deadline or else we increase it to twice as much" will just have many people simply paying up because they either cannot be bothered complaining or simply do not want to risk the increase! But in this case I am just not quite sure exactly what my rights are as I am not entirely clear on this particular law!? And paying would be admitting liability to the offense and then they can for sure fine us again for the same thing I guess!?

But from what Mark Hewitt says it suggests maybe it is the whole car after all!?

Mark_Hewitt

VOMIT wrote: »

But from what Mark Hewitt says it suggests maybe it is the whole car after all!?

I believe the law *is* the whole car. But their letter quite clearly states wheels, and as you say the wheels were not on the pavement!

I'd suggest writing back again and reiterating that your wheels were *not* on the pavement, and ask for proof that they were.

Looking at the letter again it looks like they've spent approx 12.25 seconds writing out one custom sentence and then copy+pasted the rest..

DaveF327

VOMIT wrote: »

Anyway that aside the photos show exactly how we were parked at the time

That's all I need to know. Don't pay it.

not sure if it applies to whole car or just wheels as I said as the PCN only refers to the wheels?

That's your saving grace. Now here's the law they refer to. Read carefully!!

15. — (1) Subject to subsections (3), (4), (7) and (11) of this section and without prejudice to the provisions of any other enactment, any person who, on or after the appointed day in or on any urban road in Greater London parks a vehicle so that one or more of its wheels is resting on— (a)
any footway;

(b)
any land (not being a footway) which is situated between two carriageways in any such road; or

(c)
any grass verge, garden or space not falling within the foregoing paragraph (a) or (b);


shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

So forget the PCN wording, this is the law. Not my opinion, not a rumour, it's black and white hard fact. Did the law say wheels or boot? Was there any touching or "resting"? Feel free to copy this into your defence. Incidentally, this is from section 15 of the Greater London Council (General Powers) Act 1974, there is no such thing as the Greater London (General Provisions) Act as they said in their badly written letter, so they've even got that wrong. Don't pay.

Starting to think maybe I should just pay it instead of risking £120 at the end of the day but I guess this is how they get people, as most people won't bother standing up to fight for their rights - even if they are totally within their rights to do so - and the scaremongering tactics of "pay before this 14 day deadline or else we increase it to twice as much" will just have many people simply paying up because they either cannot be bothered complaining or simply do not want to risk the increase!

Bingo. Don't pay.

But in this case I am just not quite sure exactly what my rights are as I am not entirely clear on this particular law!?

You do now. Don't pay.

And paying would be admitting liability to the offense and

Yes! Don't pay.

But from what Mark Hewitt says it suggests maybe it is the whole car after all!?

Suggestion is one thing, now read the facts above again. I can't remember if I mentioned this.. but don't pay! Good luck!

peter_the_piper

What needs to be determined is where the carriageway ends, ie where is the boundary of the property which you are parking on. The "carriageway" also includes grass, paths etc up to the boundary of the property. If the boundary is by the front wheels then you're not going to get very far.