No Mirrors, Damaged Car, Or A Parking Fine For Being On The Curb...:(

d.ross_2

roddydogs wrote: »

Highway Code is advisory, not law, As i stated you can get a ticket for "Obstructing the Footpath" anywhere, whereas in London you can get a ticket for "Footpath Parking" even if, say your 3 inches on the FP, and its say 15 feet wide at that point (Lambeth love these, it how they get revenue)

The Highway Code is a guide on the law.

It doesn't matter what the offence is called, the fact is that it is still an offence unless it is stated that you can park on the footpath.

Coupon-mad

d.ross wrote: »

The Highway Code is a guide on the law.

It doesn't matter what the offence is called, the fact is that it is still an offence unless it is stated that you can park on the footpath.

But the Highway Code is not relevant to parking tickets, as such, and bears no direct connection to any 'offences'. It IS only advisory!

Councils pretend it is connected to contraventions by quoting the Code sometimes in their rejection letters when people appeal. But they can only issue a PCN if there is a contravention of a valid Traffic Order, not a contravention of a Highway Code section.

And any alleged misdemeanour covered by the Council's remit is not an 'offence', simply an alleged contravention, because in most parts of Britain, parking enforcement is decriminalised.

What makes you say 'it's a fact that it's an offence' (the bit in bold?). I don't think it is, I do not believe I am committing an offence right now with my car parked partly on the kerb outside my house (Sussex). If I were causing an obstruction then yes, because the Police could act for that 'offence', but I am not causing any obstruction and nor are the other 30-odd cars parked along the road/kerb.

d.ross_2

Coupon-mad wrote: »

But the Highway Code is not relevant to parking tickets, as such, and bears no direct connection to any 'offences'. It IS only advisory!

Councils pretend it is connected to contraventions by quoting the Code sometimes in their rejection letters when people appeal. But they can only issue a PCN if there is a contravention of a valid Traffic Order, not a contravention of a Highway Code section.

And any alleged misdemeanour covered by the Council's remit is not an 'offence', simply an alleged contravention, because in most parts of Britain, parking enforcement is decriminalised.

What makes you say 'it's a fact that it's an offence' (the bit in bold?). I don't think it is, I do not believe I am committing an offence right now with my car parked partly on the kerb outside my house (Sussex). If I were causing an obstruction then yes, because the Police could act for that 'offence', but I am not causing any obstruction and nor are the other 30-odd cars parked along the road/kerb.

It really annoys me when people get so hung up on exact wording...it doesn't matter what you call it, you can still get a fine for it, and you still have to pay it unless you win an appeal.

Coupon-mad

Now this is just silly. I cannot get a fine for parking the way I have, outside of London.

d.ross_2

Coupon-mad wrote: »

Now this is just silly. I cannot get a fine for parking the way I have, outside of London.

Yes you can if the bye laws for your area say so.

You will find that in many areas bye laws prohibit parking on footpaths, but it is rarely enforced until somebody complains. Then when they do the council will often clamp down on it.

RENEGADE_2

To Bubbles.
It appears the area is rough if your vehicle is being vandalised when parked. I guess you can appeal but you have no grounds on which to deny the charge. Be apologetic, explain the circumstance and assure them it will not happen again and that you realise should they overlook this penalty, it will be the only time they do so. From that point onward, take extra care. There is nothing to lose and there are times that some councils are lenient and not bureaucratic. If they decide to be the latter, you may wish to give the magistrates a go, now that is slightly risky but if the task is carried out on the pretext of a strong appeal rather than disobeying a charge then it won't harm you in any way.

Woody._2

d.ross wrote: »

Actually you are wrong there. I know what you say sounds to make sense, but emergency vehicles are allowed to park on the footpath, but technically they aren't allowed to drive on it.....Yes I know it doesn't make sense, but it is the law.

I think you'll find thet can.

You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

[Laws HA 1835 sect 72 & RTA 1988 sect 34]

HappyMJ

d.ross wrote: »

It really annoys me when people get so hung up on exact wording...it doesn't matter what you call it, you can still get a fine for it, and you still have to pay it unless you win an appeal.

There is a huge difference in the wording. Fines are only issued for criminal acts by a judge in a court. Parking violations are civil you can only get a penalty. The council can only do certain things to enforce payment. The worst they can do is get a bailiff to visit your address to try and get payment. The worst the police can do for an unpaid fine is arrest you and put you in front of a judge.

I park on the pavement for the reasons already stated in this thread. Narrow road. I will continue to do that.

Just to add I have loads of unpaid penalty charge notices from councils around the country. They never seem to do much apart from write lots of letters. I've got loads of these Charge Certificates and threats of Bailiff visits. Never seen one yet.

d.ross_2

Woody. wrote: »

I think you'll find thet can.

You MUST NOT drive on or over a pavement, footpath or bridleway except to gain lawful access to property, or in the case of an emergency.

[Laws HA 1835 sect 72 & RTA 1988 sect 34]

Now read the fire services act, and exemptions for emergency vehicles under the road traffic act.

d.ross_2

HappyMJ wrote: »

There is a huge difference in the wording. Fines are only issued for criminal acts by a judge in a court. Parking violations are civil you can only get a penalty. The council can only do certain things to enforce payment. The worst they can do is get a bailiff to visit your address to try and get payment. The worst the police can do for an unpaid fine is arrest you and put you in front of a judge.

I park on the pavement for the reasons already stated in this thread. Narrow road. I will continue to do that.

Just to add I have loads of unpaid penalty charge notices from councils around the country. They never seem to do much apart from write lots of letters. I've got loads of these Charge Certificates and threats of Bailiff visits. Never seen one yet.

I'm afraid you are very wrong. You are getting councils powers mixed up with private parking enforcement companies. Councils can and do get court orders to fist of all clamp, and then if you still don't pay, they will take your vehicle.

But if you want to go on living in ignorant bliss then go ahead. One day it will come to bite you.