When is a pavement a pavement

sutj

A week ago I received a PCN on the window for parking in paved area that the council is describing as pavement. I would like to understand my chances of appeal and where i might go for supporting information. Any advice welcome.

I parked up against a building in an area that is used during the week for market stalls but the market doesn’t run on a Sunday. There is parking on the road that is metered but the area where I parked is commonly parked upon also and in the past I have never received a fine for parking here.

The area adjacent to marked parking bays is about 8-9 meters deep, so my car was parked with a minimum space of 5-6 meters distance between the closest point of a parking bay (end on bays) and my car and a distance of around 10 meters from any road (excluding the parking bays). There is no question of any obstruction to pedestrians as there is a good 5 meters of footway to walk along, not that you get more than a handful a minute anyhow.

I’m not even sure if the land that i parked on is considered highway, although the rejection from the council states that they believe to be footway indistinguishable to the rest. In fact the flooring is tiled as opposed to asphalt, but I guess that doesn’t matter.

The PCN has been issued under contravention code 24 parking outside a marked bay, and was in Reading so my understanding is that it doesn’t come under any legislation that makes it illegal to park on the pavement.

Any guidance welcome.

sutj

Just to add some further information the street in Reading is Hosier Street (cant post link as new user : ht--tps://goo.gl/maps/MyveW5B5Rzy ), i was parked up against the building to the south behind the tree in the space between what is depicted here a market stall and the tree. No market stalls on the day in question so the space is just unoccupied.

Coupon-mad

You need to obtain the parking places Order (if it's a car park) or Traffic Order, from the Council. It's a publicly available document that might even be found on their website, if not they have to provide a link or copy on request.

What you'd be looking for is, have you contravened an Order? Is 'code 24 parked outside of a marked bay or space, a contravention in that written order? It's not about contravening a sign, you can only be held to a penalty if you have contravened an Order.

Also, post on pepipoo where the Council PCN experts are:

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

Do not use a Hotmail email there, or you can't register/post. Show them the PCN, BOTH sides.

stormbreaker

The definition of a road under the road traffic act is

'Anyway other than a waterway over which the public have a right of access'

On this occasion the pavement would form part of the road.

Coupon-mad

Agreed.

But the PCN isn't for pavement parking, and the first thing for the OP to do, apart from registering on pepipoo, is read the Order and see if this is an actual contravention at that place.

stormbreaker

The ticket is for being parked outside a 'marked' bay and unless there are any marked bays on the pavement, which I doubt, then in my opinion the ticket has been issued correctly.
However if pepipoo are the experts then best seek their advice.

The_Deep

Why did you park in Hosier St, the place is crawling with Parking Gestapo.

sutj

Thanks for the responses. I guess it was just out of habit. I have parked there a couple of times in the past but don't go into town all that much recently.


Ill see if I can check on the parking order but my feeling is that I'm going to have to pay this one.

Umkomaas

my feeling is that I'm going to have to pay this one.

Whoaaa!

I'd let PePiPoo experts tell you that before doing anything (potentially) daft.

DoaM

There are strict provisions for issuing a Penalty Charge Notice ... Pepipoo will be able to help you determine whether those strict provisions have been met.