Quick parking fine clarification

RenegMC

Dad got a parking fine for having one or more wheels on the pavement

Contravention code 62.

Quick breakdown of situation

Recieved ticket for "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway"

Took place on a Saturday afternoon at 5pm.

Recieved DVD from council showing the full situation;

-my dad stops car just outside a shop down a side road, and leaves the entire road clear for emergency services use. However, does so on double yellow lines.

- It shows my Mum getting out and walking to a shop; funnily enough the cameraman thought it important enough to record WHICH shop she went to.

- As soon as my mum is out of the car, Dads driven off.

- Whole situation over within 2 minutes.

Worth me contesting this??

My thoughts are, he's technically not parked, so ticket is invalid. If they want to fine him for waiting on double yellows they should have fined him for that instead.

I just don't think the ticket gives the appropriate reason. Plus it's £110!

Thanks in advance

esmerobbo

Did he actually stop with his wheels off the carriageway?

RenegMC

esmerobbo wrote: »

Did he actually stop with his wheels off the carriageway?

Yeah, but not parked... the car was 'in use' for setting down a passenger.

I think the best bet I've got for contesting this (I'm writing the letter) is on the grounds of non-parking, and it was unloading a passenger?

give_them_FA

Some of these councils are as bad as the PPCs. No, worse, because they are supposed to be doing a public service and their fines ARE enforceable.

esmerobbo

You are allowed to stop for as long as it takes to pick up or drop off the passengers, but no longer, so it all depends on how long you parked and any observed activity.
Definitely worth an appeal and as long as there was not a long period of inactivity you should win!

Also assuming there is nothing else wrong with the PCN, would be worth posting on Pepipoo let them have a look at it.

vax2002

The Key word is parked :
Whilst it may be a criminal offence to drive on the pavement, the council are only concerned with de-crimilised parking matters.

Appeal : Contravention did not occur setting down passengers
That will be rubber stamped failed, wait for notice to owner, make official appeal to council, that will be rejected then apply the the adjudication panel and the council will not offer any evidence IMO.
It's a long drawn out process hence why most give in and pay up, just what they want and on they go with a boat load more false fines.

give_them_FA

It seems to me the matter will turn on how long the vehicle was stopped for. Two minutes would be a very long time in this situation, unless the passenger was severely disabled. How long was it between coming to a halt, and mum getting out; then moving again after mum got out?

RenegMC

Thanks guys, appreciate it:

The DVD shows that from beginning of recording to the point at which my mum gets out of the car is 41 seconds.

Would this classify as an acceptable amount of time for setting someone down?

The entire video is 1 minute 12 seconds long.

The initial period is for my mum to gather her bag and get out. She was going to a health centre for a massage, as she'd been having problems with her back; this information about where she was going is included in the recording.

I'm personally sat here thinking 'well 40 seconds doesn't sound much, but it does feel long enough to get out of a car' but would that be long enough for a 60 year old woman who's got a bad back?

Hmmm... Thanks again

give_them_FA

That doesn't sound unreasonable to me. I would certainly take that to adjudication if it were me. Obviously your mum cannot leap out at her age and condition; getting ready to get out would take a little time; including making sure it was safe to open the door; and then from your timings dad drives off within 30 seconds of her getting out. He has to wait to make sure she is safe, and also check carefully that it is safe for him to move off.

What is unreasonable about that? Stupid PCN.

HappyMJ

I'm going to vote for taking this one all the way through appeals as well. I think it's worth it.

RenegMC

Thanks very much! That's good to hear.

I've posted a quick draft of my letter here, would really appreciate a once over; it's using a template, so I'm not entirely certain it's using the correct Traffic Act... Seems to be right from what I've read.

Dear Hounslow Council Parking Services,

Ref:
Reg:
PCN #:

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

On [date] my vehicle was issued with a Penalty Charge Notice for the reason of Contravention 62; “Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway.”

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

Firstly, the car was not parked during the time of the alleged contravention and was in use for the setting down of a passenger. In the CCTV recording with which this penalty was issued, it is clear that a passenger unloading has taken place, and has been carried out in a timely fashion.

My wife was the passenger who was being set down. From the video evidence, a total of 41 seconds lapsed between the beginning of the period during which the unloading began, to the point of me driving away. This is an appropriate amount of time for the purpose of unloading.

My wife, as you will see in the footage, was heading towards a therapists office, due to the fact that she has a bad back. Proof of purchase for this treatment is available if required on request.

Therefore, the offence cited in the penalty charge notice did not occur, as the alleged contravention was not as per contravention 62 as we were unloading a passenger. This unloading took place in a timely fashion.

For this reason I look forward to receiving notification that the Penalty Charge Notice has been cancelled within 28 days.

Yours sincerely,