Council Issued PCN - Contravention Code 62 - Parked with 2 wheels on pavement yet signs indicate to.

JoshLee1297

Good evening, 

I'm not usually one to appeal things and I'm happy to pay the £65.00 fine if in the wrong, but in this situation I'm adamant this PCN has been issued incorrectly and strongly considering appealing. That being said, I'm happy to be proven wrong and all feedback is welcomed. Many thanks in advance. 

I received a PCN from Barking & Dagenham council for being parked with 2 wheels on the pavement (contravention code 62) but there are several signs on this road advising to park with 2 wheels on, 2 wheels off. Please see a picture of one of the signs attached which is within 10 car lengths of my vehicle. 

I was not obstructing access etc and feel it would have been more dangerous to be parked completely in the road as it was opposite a bus-stop and I would have stopped traffic. There was more than enough room on the pavement next to my car for a wheelchair to pass by with ease. 

I note that The Highway Code states that you must not park partially or wholly on the pavement in London, and should not do elsewhere unless signs permit it. Well the postcode of the offence is RM8 which I would not consider London and there were signs permitting this. Plus is the "should not" actually illegal or just advisory? 

I have appealed the PCN on this basis but have today received a 'challenge rejection'. The person who has reviewed my challenge appears to have read it with their eyes shut because they have made a point of saying, "There is no requirement for any signs", yet this isn't my argument. My argument is that there ARE signs telling me to park in the manner that I was. These signs have been here since at least 2011, almost everyone parks in this way and on streetview a B&D council van can be seen with 2 wheels on the pavement!

One point possibly worth noting is that there was a yellow line present and I was parked here at 18:15 when the signage has a sign saying no parking "Mon - Sat 8am - 6.30pm", however the enforcement officer made it very clear that this was not the reason for the PCN and in fact if I was parked with 4 wheels in the road I could've been parked here for 2 minutes with no problems (I was literally gone for 30 seconds). There is also no mention of being parked on a yellow line on the PCN and as above the PCN is re contravention code 62, "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway". If the issue here is being parked on a single yellow line during the above hours then surely the PCN should have been issued as per contravention code 01? 

Many thanks in advance for any assistance on this! 

Redx

As this is council and not private , go to pepipoo fightback forums using a non Hotmail email address and post it in the council section there

KeithP

JoshLee1297 said:

I received a PCN from Barking & Dagenham council...

Well the postcode of the offence is RM8 which I would not consider London...

The full title of that organisation is the London borough of Barking and Dagenham.

It is London for the purposes of this discussion.

scrappy_returns

JoshLee1297 said:

Good evening, 

I'm not usually one to appeal things and I'm happy to pay the £65.00 fine if in the wrong, but in this situation I'm adamant this PCN has been issued incorrectly and strongly considering appealing. That being said, I'm happy to be proven wrong and all feedback is welcomed. Many thanks in advance. 

I received a PCN from Barking & Dagenham council for being parked with 2 wheels on the pavement (contravention code 62) but there are several signs on this road advising to park with 2 wheels on, 2 wheels off. Please see a picture of one of the signs attached which is within 10 car lengths of my vehicle. 

I was not obstructing access etc and feel it would have been more dangerous to be parked completely in the road as it was opposite a bus-stop and I would have stopped traffic. There was more than enough room on the pavement next to my car for a wheelchair to pass by with ease. 

I note that The Highway Code states that you must not park partially or wholly on the pavement in London, and should not do elsewhere unless signs permit it. Well the postcode of the offence is RM8 which I would not consider London and there were signs permitting this. Plus is the "should not" actually illegal or just advisory? 

I have appealed the PCN on this basis but have today received a 'challenge rejection'. The person who has reviewed my challenge appears to have read it with their eyes shut because they have made a point of saying, "There is no requirement for any signs", yet this isn't my argument. My argument is that there ARE signs telling me to park in the manner that I was. These signs have been here since at least 2011, almost everyone parks in this way and on streetview a B&D council van can be seen with 2 wheels on the pavement!

One point possibly worth noting is that there was a yellow line present and I was parked here at 18:15 when the signage has a sign saying no parking "Mon - Sat 8am - 6.30pm", however the enforcement officer made it very clear that this was not the reason for the PCN and in fact if I was parked with 4 wheels in the road I could've been parked here for 2 minutes with no problems (I was literally gone for 30 seconds). There is also no mention of being parked on a yellow line on the PCN and as above the PCN is re contravention code 62, "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway". If the issue here is being parked on a single yellow line during the above hours then surely the PCN should have been issued as per contravention code 01? 

Many thanks in advance for any assistance on this! 

You do not consider the London borough of barking and Dagenham to be London? Best tell someone. It must be a recent change......oh the sixties....

JoshLee1297

scrappy_returns said:

JoshLee1297 said:

Good evening, 

I'm not usually one to appeal things and I'm happy to pay the £65.00 fine if in the wrong, but in this situation I'm adamant this PCN has been issued incorrectly and strongly considering appealing. That being said, I'm happy to be proven wrong and all feedback is welcomed. Many thanks in advance. 

I received a PCN from Barking & Dagenham council for being parked with 2 wheels on the pavement (contravention code 62) but there are several signs on this road advising to park with 2 wheels on, 2 wheels off. Please see a picture of one of the signs attached which is within 10 car lengths of my vehicle. 

I was not obstructing access etc and feel it would have been more dangerous to be parked completely in the road as it was opposite a bus-stop and I would have stopped traffic. There was more than enough room on the pavement next to my car for a wheelchair to pass by with ease. 

I note that The Highway Code states that you must not park partially or wholly on the pavement in London, and should not do elsewhere unless signs permit it. Well the postcode of the offence is RM8 which I would not consider London and there were signs permitting this. Plus is the "should not" actually illegal or just advisory? 

I have appealed the PCN on this basis but have today received a 'challenge rejection'. The person who has reviewed my challenge appears to have read it with their eyes shut because they have made a point of saying, "There is no requirement for any signs", yet this isn't my argument. My argument is that there ARE signs telling me to park in the manner that I was. These signs have been here since at least 2011, almost everyone parks in this way and on streetview a B&D council van can be seen with 2 wheels on the pavement!

One point possibly worth noting is that there was a yellow line present and I was parked here at 18:15 when the signage has a sign saying no parking "Mon - Sat 8am - 6.30pm", however the enforcement officer made it very clear that this was not the reason for the PCN and in fact if I was parked with 4 wheels in the road I could've been parked here for 2 minutes with no problems (I was literally gone for 30 seconds). There is also no mention of being parked on a yellow line on the PCN and as above the PCN is re contravention code 62, "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway". If the issue here is being parked on a single yellow line during the above hours then surely the PCN should have been issued as per contravention code 01? 

Many thanks in advance for any assistance on this! 

You do not consider the London borough of barking and Dagenham to be London? Best tell someone. It must be a recent change......oh the sixties....

Lol good point I guess. Dagenham isn't really London in my eyes though... I mean it's a Romford (RM) postcode and my address comes under Essex. 

Thanks for your feedback though. 

D_P_Dance

What colour are d the buses?.

Hi_Fidelity

All this is noise ... OP needs to go to Pepipoo to get this properly sorted. The initial appeal has been rejected (erroneously IMHO) and so they need to take the next level of appeal - Pepipoo will help with this.

scrappy_returns

JoshLee1297 said:

scrappy_returns said:

JoshLee1297 said:

Good evening, 

I'm not usually one to appeal things and I'm happy to pay the £65.00 fine if in the wrong, but in this situation I'm adamant this PCN has been issued incorrectly and strongly considering appealing. That being said, I'm happy to be proven wrong and all feedback is welcomed. Many thanks in advance. 

I received a PCN from Barking & Dagenham council for being parked with 2 wheels on the pavement (contravention code 62) but there are several signs on this road advising to park with 2 wheels on, 2 wheels off. Please see a picture of one of the signs attached which is within 10 car lengths of my vehicle. 

I was not obstructing access etc and feel it would have been more dangerous to be parked completely in the road as it was opposite a bus-stop and I would have stopped traffic. There was more than enough room on the pavement next to my car for a wheelchair to pass by with ease. 

I note that The Highway Code states that you must not park partially or wholly on the pavement in London, and should not do elsewhere unless signs permit it. Well the postcode of the offence is RM8 which I would not consider London and there were signs permitting this. Plus is the "should not" actually illegal or just advisory? 

I have appealed the PCN on this basis but have today received a 'challenge rejection'. The person who has reviewed my challenge appears to have read it with their eyes shut because they have made a point of saying, "There is no requirement for any signs", yet this isn't my argument. My argument is that there ARE signs telling me to park in the manner that I was. These signs have been here since at least 2011, almost everyone parks in this way and on streetview a B&D council van can be seen with 2 wheels on the pavement!

One point possibly worth noting is that there was a yellow line present and I was parked here at 18:15 when the signage has a sign saying no parking "Mon - Sat 8am - 6.30pm", however the enforcement officer made it very clear that this was not the reason for the PCN and in fact if I was parked with 4 wheels in the road I could've been parked here for 2 minutes with no problems (I was literally gone for 30 seconds). There is also no mention of being parked on a yellow line on the PCN and as above the PCN is re contravention code 62, "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway". If the issue here is being parked on a single yellow line during the above hours then surely the PCN should have been issued as per contravention code 01? 

Many thanks in advance for any assistance on this! 

You do not consider the London borough of barking and Dagenham to be London? Best tell someone. It must be a recent change......oh the sixties....

Lol good point I guess. Dagenham isn't really London in my eyes though... I mean it's a Romford (RM) postcode and my address comes under Essex. 

Thanks for your feedback though. 

Romford,as in  the London borough of havering?
Any way that photo looks like valance avenue, if it was you weren't the only one in guessing.