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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64492
Experience:  Over 5 years in practice.
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Hello, I have just received a penalty charge notice for

Resolved Question:

Hello,

I have just received a penalty charge notice for "(62) Parked with one or more wheels on or over the footpath or any part of a road other than a carriageway".

The ticket was issued by Bexley Council and the car was parked across the dropped curb for my driveway which is at the very end of a cul-de-sac so not causing any obstruction. In fact, it would have been more of an obstruction to have parked fully on the road.

Are there any grounds for appeal here? The only sign in place for parking restrictions is between 9-11 mon-fri, when parking on the yellow line is prohibited.

Any help is much appreciated.
Submitted: 2 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 2 years ago.
Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Did you over onto a footpath?

Customer: replied 2 years ago.
Hi,

Yes there were 2 wheels across the footpath in front of my drive. I didn't even know this was an offence.
Expert:  Jo C. replied 2 years ago.
I am sorry but its not particularly good news.

This is the hardest PCN to challenge I'm afraid. It is a contravention to park with your wheels on a footpath unfortunately and it doesn't require any signing to enforce. They don't even need to show that there are prohibitions in the Traffic Management Order. They can issue an automatic ticket whether there were signs up or not unfortunately.

They are very difficult PCNs to defend because you cannot put them to proof on lines and signs and compliance with the RTA.

Obviously you do not have a substantive defence as you accept parking there. The fact that you didn't know is not a defence I'm afraid. Most road traffic contraventions are of strict liability.

The restriction in question will relate to parking on the yellow line rather than on a footway which is an offence at all times.

What you could do is write them within 14 days and ask them to withdraw using their discretion powers since it was your own driveway. If you act within 14 days they may or may not agree but even if they don't they will just extend your 14 day discount period so you will lose nothing.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Please rate my answer with OK SERVICE or more and then I will continue for free.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64492
Experience: Over 5 years in practice.
Jo C. and 4 other UK Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Just wondering how everything is going?

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