Court Appearance for Fixed Penalty Parking Fine

meana

Hi all,

I received a Fixed Penalty Notice for a parking offence in February - specific charge is 'wilfully obstructed the free passage along a highway'
it's a tight road and on one side is a normal kerb, on the other side is a dropped kerb the length of the pavement specifically for parking (although no signs). There are always cars on the side with the normal kerb and more often than not cars on the pavement on the dropped side.

Now i parked fully on the pavement, but made sure there was plenty of space to walk alongside and i got the ticket at 2:30 in the morning.

I believe i haven't done anything wrong there was plenty of space on the pavement and the road was free so i've taken it all the way to a court hearing...and i've pled not guilty..
I'm looking for any advice anyone may have which can strengthen my case..what should i take with me to court and the such.

Many thanks in advance.

Browntoa

I don't think you have any chance of beating this

Parking on the pavement can cause inconvenience to pedestrians. It can create hazards for visually impaired, disabled and elderly people or those with prams or pushchairs. It may also cause damage to the kerb, the pavement, or the services underneath. Repairing such damage can be costly and local authorities may face claims for compensation for injuries received resulting from damaged or defective pavements.
In some areas pavement parking is prohibited by a local Act of Parliament, and it may be prohibited elsewhere in particular streets or parts of streets by traffic regulation order

If there are no waiting restrictions on the highway adjacent to the pavement, then the Council will issue a Penalty Charge Notice for illegal footway parking

Can I park on the pavement in roads where the road is narrow and I risk damage to my car by parking on the road?

No, you may only park on the footway where there is a signed exemption from the footway parking ban. In other words the signs (above) will be displayed and there will be markings on the footway indicating where you may park. Ultimately it is up to you, the driver, to find somewhere safe and legal to park your car

What happens if I park on the pavement where there are no signs indicating that I can do so?
The Council’s parking enforcement contractor will issue a Penalty Charge Notice (parking ticket) to you for illegal footway parking. To pay a parking ticket visit Parking Payment Online.

http://www.sussex.police.uk/infocentre/content.asp?uid=37

Parking
Pavement Parking
Rating:

It is an offence for a person, without lawful authority or excuse, in any way wilfully to obstruct the free passage along the highway of whatever type. This applies to vehicles obstructing pavements and would normally be dealt with by Fixed Penalty Notice.

mymatebob

Have you looks at pepipoo?

They may be able to help

Personally if a car is parked on the pavement then my way of dealing with it would be half a pound of semtex.

meana

thanks for the quick responses, but i don't think i made myself clear (as i would do the same as mymatebob if someone was on the pavement itself).

There is an area of pavement which is dropped and tiled differently to the other pavement specifically for parking on (although there are no signs saying you can or can't park there). Most residents (including me) along that road use it for parking (as there aren't any driveways).
do the same laws as you (Browntoa) detailed apply.?

Conor_3

I think it's going to be a go to court and see. Plead your case as well as you can. As you even said though, there are no signs and certainly all the footpath parking I've seen has had signs as I can recall however there's non within a reasonable distance of me to go check unfortunately.

Fingers crossed.

Browntoa

I think this one

What happens if I park on the pavement where there are no signs indicating that I can do so?
The Council’s parking enforcement contractor will issue a Penalty Charge Notice (parking ticket) to you for illegal footway parking. To pay a parking ticket visit Parking Payment Online

seems to say they do , they consider its illegal footway parking

Doozergirl

Why is it going to court?

meana

Hi Doozergirl.
It's going to court because i've contested it as i honestly don't think i've done wrong

Pew_Pew_Pew_Lasers!

Al_Mac wrote: »

Thanks for wasting our money.

I don't think its a waste. I wish more people would use their legal rights.

anewman

Murdering the !!!!! that are my neighbours should be legal - or at least giving them some serious scaring - unfortunately it isn't no matter how much I'd like it to be.

Sorry but I think you're going to lose this - going to court and admitting to parking on the pavement and saying you didn't think you did any wrong won't look particularly good. If you have problems with parking, best to park legally in line with the highway code and to pursue the parking issues with the local council.

But as mentioned do look in to pepipoo.com