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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64070
Experience:  Over 5 years in practice.
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i have been issued a parking ticket - contravention code 01.

Customer Question

i have been issued a parking ticket - contravention code 01. I was parked on the edge of my works car park, 2 of the wheels were on a dropped pavement which is the access to the car park. I have spoken to my local council, they say I was parked on a pavement and this is why the ticket has been issued. Were they right to issue the ticket even though it was parked there whilst I went in to gain access to the car park. Also is it the correct code?
thank you
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year 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.

I presume you accept parking there?
Customer: replied 1 year ago.

Hi yes i accept the responsibility of parking there


 

Expert:  Jo C. replied 1 year ago.
It is certainly the wrong contravention code. If this code 01 then that relates to parking at a location where there are waiting restrictions or on a single or double yellow line.

However, you need to be careful with that. Incorrect contravention code is certainly a ground to challenge a PCN but if everything else is correct then you face the risk that the Adjudicator would say it is a de minimus objection. Its amazing what the council get away with on the basis of de minimus but the motorist cannot raise that so easily.

That said, there are other offences here. If you were parked on a dropped kerb then that is causing an obstruction for which the police can ticket. The council won't though. They have abandoned responsibility for that.

There is also contravention code 62 which covers parking with wheels on a footway. If there were no signs up prohibiting this then there is a challenge you can bring. I have to say that I'm not sure its correct in law but it applies to either 27 or 62.

Within the TMA 2004, (other than sections 85 and 86) it is section 73 and schedule 7 that detail the contraventions subject to civil enforcement. These contain no reference to dropped footways and importantly no reference to the London Local Authorities & Transport for London Act 2003 which under section 14(3) prohibits parking adjacent to a dropped footway and under section 14(5) advises that the contravention does not require the placing of traffic signs in connection with the prohibition.

http://www.statutelaw.gov.uk/content...&filesize=7787

Therefore, as the TMA 2004 does not use the London Local Authorities & Transport for London Act 2003 to enforce parking adjacent to a dropped footway, we must turn our attention to section 86(1) of the TMA 2004 which also prohibits parking adjacent to a dropped footway. Section 86(9) informs that this prohibition is enforceable as if imposed by order under section 6 of the RTRA 1984.

http://www.statutelaw.gov.uk/content...&filesize=7323

With regard to Greater London, it is Schedule 7 Part 1 section 2 of the TMA 2004 that provides the only reference to enforcing parking contraventions made by order under section 6 of the RTRA 1984 and this only relates to enforcing “parking places”. Obviously, as parking adjacent to a dropped footway is prohibited under section 86 of the TMA 2004, it cannot reasonably be considered as a parking place as vehicles are not permitted to wait. Therefore it is solely section 86 of the TMA 2004 that contains the provisions relating to the contravention of parking adjacent to a dropped footway.

Unlike section 14 of the London Local Authorities & Transport for London Act 2003, section 86 of the TMA 2004 does not provide a clause stating that traffic signs need not be placed in connection with the prohibition. Therefore it is reasonable to argue, particularly as we are advised that the prohibition is enforceable as if imposed by order under section 6of theRTRA1984 that the contravention should be duly signed and without the appropriate signage the contravention is unenforceable.

Regulation 18(1) of The Local Authorities Traffic Orders (Procedure) (England & Wales) Regulations 1996 directs that where orders have been made (such as under section 6 RTRA 1984) relating to any road, thattraffic signs should be placed.

http://www.statutelaw.gov.uk/content...&filesize=2699

If an authority insists signage is not required, I would ask them to confirm the specific legislation that supports their claim and contradicts regulation 18(1) of the 1996 Regulations and ask why then did the LLA&TfL Act 2003 need to contain a specific clause to negate the need for signage and why are the DfT currently looking at introducing legislation to enforce dropped footways nationwide without the need for signage.
Customer: replied 1 year ago.

Hi there was double yellow lines on the road next to where my car was but I was not parked on them. There are no signs except for loading and unloading. The ticket was issued by the council, my local council is Lancashire County Council. I can attach a photo if that would help?

Expert:  Jo C. replied 1 year ago.
Thanks for this information but it wouldn't really change what I've said above in any way.
Customer: replied 1 year ago.

so if I was to challenge this, my best option is to ask why the council issued the ticket and not the police for obstruction, wrong contravention code and no signs regarding parking on the footpath?

Expert:  Jo C. replied 1 year ago.
No.

That wouldnt amount to a challenge at all.

I wouldn't raise the incorrect contravention code. It would be struck down.

I've given you the best argument above.
Customer: replied 1 year ago.

hi so by best chances is with no sign about parking on the drop kerb footpath

Expert:  Jo C. replied 1 year ago.
Thank you for this information. I am just going into a lecture and will get back to you as soon as possible. Thank you for your patience.
Customer: replied 1 year ago.

Ok it mite be just me but what should i writing to them


thanks

Expert:  Jo C. replied 1 year ago.
Sorry about the delay but I am having a few connection problems. Please bear with me and I will get back to you as soon as I am in a secure location.
Expert:  Jo C. replied 1 year ago.
Sorry but I'm really not sure that I can add much to what I've said already.

I've given you grounds of appeal above and I cannot copy and paste them as I;m on the IPAD.
Customer: replied 1 year ago.

hi am starting to can most off this so far, but were you are saying about rtra that it should be sign to say if you can park there, but you look at section 6 it about speed limits

Expert:  Jo C. replied 1 year ago.
Sorry but I'm afraid this is becoming uneconomical for me so I'm going to opt out.
Customer: replied 1 year ago.
Relist: Answer quality.
find it hard to understand, keep asking question and dont get answere, and she drop out
Expert:  Stuart J replied 1 year ago.
Having read the exchange I'm really not sure what I can add to the answer you have received.
Customer: replied 1 year ago.

all i want is answer that i understand , when i go read it there stuff in there that i dont need to no, and some stuff dose not make sences, my lass qeustion i ask was about rtra 1989 section 6 about trafic sign about parking, but you look at that on the web site it about speed limits

Expert:  Stuart J replied 1 year ago.
Sorry but you have had the answer to this question.

I will opt out.
Customer: replied 1 year ago.
Relist: Answer quality.
why can i not just get a strait answer, with what to say to say
Expert:  Jo C. replied 1 year ago.
I've seen your reply.

I've given you the best point that you have above and in a form that can be copied and pasted pretty much.
Customer: replied 1 year ago.


I DONT NO WHICH BIT, ALL OR JUST PART OF IT

Expert:  Jo C. replied 1 year ago.
Opting out.
Customer: replied 1 year ago.


HOW HARD IS IT TO SAY WHICH BIT I NEED TO PUT DOWN, IT WONT BE ALL OF THE ABOVE WILL IT

Expert:  Jo C. replied 1 year ago.
I'm not allowed to draft things for you under the rules of this site.

Since I have answered your question I also think you really need to ask another question now.
Customer: replied 1 year ago.


Ok thank you, so I am going to say it not clear engoth if you can park there, and they should have some sort of sign up saying what the parking rections are in place


 


 

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