Do I have a chance??

dedpiksil

Hi guys,

I was hoping to get some advice on whether I have a chance in appealing 3 PCN's I received last week. Any help would be much appreciated.

I've been parking outside my house - over my driveway's dropped curb since I moved to the house in 2002. Never had any problems until recently when parking bays were painted on our road - these parking bays are over the pavement and on the footpath by the way.

Also, to this day there are no sign posts or indication stating what these bays are and what times they are enforced. Even went to the town hall to enquire but no one knew anything.

So last week I found a ticket on my car with the contravention 62J - "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway."

I spoke to the ticket inspector and he told me that anyone can park on our road, as long as it was within the bays. What is the point of this? This just means that when I come back from work, I’m not guaranteed a parking spot outside my own house because anyone from anywhere can park on our road!

My question is, am I likely to be rejected if I appeal with these points?

1) The fact that parking over the pavement was the norm and that their their lack of communication regarding the parking bays lead to the ticket

2) If I were to park in a normal manner across my driveway (which I am lead to believe it legal) it would block the road anyway

3) The parking restrictions make no sense to residents

4) The PCN contradicts with how the parking bays are laid out

To get an idea of how my road used to be before the markings, my postcode is E7 9DW (I can't post links as I'm a new user).

Please help as I feel as though I've been wronged!

maninthestreet

You have no greater right to park outside you own house than any other motorist. Can you upload a picture of the parking bays outside your house?

wriggly

It would help to describe exactly how you were parked.

Were you parked completely on the road, in the direction of traffic, but across your dropped kerb?

Or in this position, but with two wheels of one side of the car on the footpath?

Or were you parked roughly perpendicular (90 degrees) to the traffic, on the footpath between your house boundary and where the dropped kerb meets the road?

Or something else?

dedpiksil

I wasn't parked completely on the road as it would have made it awkward for traffic to come through. But yes, it was parked with 2 wheels over the curb. Like the blue car below except on my driveway (where the black car is).

http:// 24.media.tumblr.com/051587dac4df38dc970fdb731a8e927f/tumblr_mlntpeemux1qg55r0o1_500. png

@Maninthestree I'm not sure if I implied it, but I didn't mean that I have a right to park in front of my house. I meant that because I have a dropped curb for my driveway, only I have the right to park there. But here's the pic anyway about the parking bays:

http:// 24.media.tumblr.com/0594e87b35435f6aed81e877d7877c98/tumblr_mlnu7oRmCv1qg55r0o1_500. jpg

starrybee

Made the link clickable for you:
http://24.media.tumblr.com/051587dac4df38dc970fdb731a8e927f/tumblr_mlntpeemux1qg55r0o1_500.png

dedpiksil

Thanks for that! MSE won't allow me to post url's :undecided

Coupon-mad

Was this not on the parking forum at first?

Surprised no regular from this sub-forum has posted yet and advised you to ask on pepipoo for help to appeal this PCN. Start a new topic here on pepipoo with pics of both sides of the PCN as well as your pic of location:

http://forums.pepipoo.com/index.php?showforum=30

I would appeal this - but you need to be aware that:

- most people in Britain do win appeals against PCNs...IF they take it to adjudication (that means, forget the discount, it will be all or nothing!)

- almost everyone on pepipoo wins their appeal anyway in the end

- BUT most first appeals are turned down by Councils as part of their game of bluff; do not be put off when this happens.

If you had a 'legitimate expectation' that you can park there due to previous history of never having a PCN there, you can use that as an appeal point, plus the fact it's your own driveway, plus the fact that there are no sign posts or indication stating what these bays are and what times they are enforced.

Possibly they are so new that there is no Traffic Order enforcing them yet. No Order = no contravention. You can ask the Council for a copy of the Order.

Plus anything else that pepipoo advise when they see your PCN (both sides).

Trouble is, the contravention isn't for being on the dropped kerb, it's for being on the pavement. If this is London you need to make sure your wheels are never up on the footway/pavement at all even if it's a narrow road because parking on any 'part of a footway' in London boroughs is banned. You'd have to be on the road in front of your dropped kerb (but not on it) to avoid a ticket even if that's sticking out more than you'd like. Stupid isn't it?!

Guys_Dad

I have to say that the picture shows, in my opinion, a car parked half on the pavement. Whilst appreciating the street may be narrow and you are leaving space for traffic, then any blind person or someone in one of these motorised electric go carts, or a mother with a twin buggy is going to be seriously hampered.

DaveF327

dedpiksil wrote: »

I've been parking ... over my driveway's dropped curb since I moved to the house in 2002. Never had any problems until recently when parking bays were painted on our road

This is illegal and always has been. The only reason you've been caught now is that the new bays mean that parking wardens now visit regularly.

I spoke to the ticket inspector and he told me that anyone can park on our road, as long as it was within the bays. What is the point of this?

This is true for any road. The point of it is to provide literal guidance where cars should park so as not to endanger the public or become a public nuisance.

Coupon-mad

Sigh...it's not 'illegal' Dave. You know that parking enforcement is decriminalised.

OP please take the advice already given and appeal it seeing as almost everyone wins in the end.