62J - Ticket after 5 years of parking!

markjohnson123

Hi,

We have been parking (with all four wheels)on the pavement right outside our house for nearly 5 years and never got a ticket.

A little more than a week ago, we get - not one - but two parking tickets, one issued on 4/10 and the other issued on 7/10, both arriving through the post together for exactly the same 'offence'.

Here is part of the evidence provided:
http / i44.tinypic.com/2nqzkg1.jpg

(I had to break up the URL since I am a new user and can't post links)

Notice the sign on the pole has 'no parking on the pavement' sign on it but facing away from the car. On the side of the car, i.e. if you look at the sign from where our car is parked, the sign shows that you can park, although it can be interpreted both ways.

The most ridiculous thing is that since I received the tickets, I have been parking elsewhere and everyone else has been parking right outside our house, instead!

On what grounds I can go about challenging this? Any advice will be greatly appreciated.

Thanks

Stroma

It's probably council, but can you just confirm that please

http://i44.tinypic.com/2nqzkg1.jpg

cmooney

They have got you bang to rights, highway code says that you must not park on pavement unless sign states otherwise.

You can find the highway code on the on the gov.uk website, however the relevant bit is here.

244
You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.
Law GL(GP)A sect 15

Stroma

No such thing as bang to rights ! And as the OP hasn't confirmed yet if this is a council ticket or not yet, we should wait until it's confirmed!

Also if it is a council ticket, most can be appealed and won on many things, including the TRO for the street, discrepancies in the PCN , procedural problems and so on.

kizkiz

cmooney wrote: »

They have got you bang to rights, highway code says that you must not park on pavement unless sign states otherwise.

You can find the highway code on the on the gov.uk website, however the relevant bit is here.

Not always that simple.
Local bye laws vary from council to council in respect of this

Orford

markjohnson123 wrote: »

Notice the sign on the pole has 'no parking on the pavement' sign on it but facing away from the car. On the side of the car, i.e. if you look at the sign from where our car is parked, the sign shows that you can park, although it can be interpreted both ways.

These signs are the same speed limit signs, ie as you face the sign the restriction applies to the area beyond the sign.

Therefore in your pic, pavement parking is allowed this side of the tree (and there is a bay marked here) and not allowed beyond the tree (where you are parked)

System

However yellow lines work both ways. They also apply pavement side back to a definite boundary, in this case the garden wall, so 'bang to rights' is correct

Stroma

No it's not !!!

You don't know if there are problems with the notice to owner, you don't know if there are problems with the TRO , all you can see is an image and that's it!

Orford

!!!!!! wrote: »

However yellow lines work both ways. They also apply pavement side back to a definite boundary, in this case the garden wall, so 'bang to rights' is correct

The alleged contravention is 62 not 01, so the DYL are completely irrelevant.

Avoriaz

Your parked car is partially obstructing the view of drivers, cyclists and pedestrians at a junction.

It is very obvious what that signs means but common sense and consideration for others should have told you not to park there anyway.

It is possible it has contributed to near misses or accidents over the five years.

Perhaps there has been a recent incident there or in a similar location and the authorities are clamping down.

Stroma

That's assuming it is the authorities, I've learnt from advising on parking for a while that you shouldn't assume anything! And judging someone should be left to those who has the qualifications and possession of all the facts. I'm not having a go at you, but we are here to advise not to judge people.