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Jo C.
Jo C., Barrister
Category: UK Traffic Law
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Experience:  Over 5 years in practice.
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Hi there I received a PCN parking contravention 62 and wondering

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Hi there I received a PCN parking contravention 62 and wondering if I have grounds for appeal. As opposed to most attempted appeals I have read concerning this code, our car was not on the pavement but the wheels slightly protruded over a yellow line onto the road. (I should point out that the car was parked in a designated bay which is cut into the pavement, hence the description above.) I hope the geography of this is clear,please let me know if not. My second point is that I believe I read that there may be an exemption for unloading, is that correct? My wife was actually dropping bags off at the local charity shop and so was technically unloading goods for their provision.

Any assistance gratefully received.

Luke
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. My name is XXXXX XXXXX I will try to help with this. Did you take photos of the site with the vehicle there?
Customer: replied 1 year ago.

No sadly not. The alleged offence was caught on CCTV by the local council's mast. As my wife had no idea that she maybe committing an offence no photos were taken.

Expert:  Jo C. replied 1 year ago.
I just have to go offline for a couple of hours but I will be able to pick up late tonight if thats ok? If you need an urgent answer just hit relist and one of my colleagues may be able to help. Thanks for your patience.
Expert:  Jo C. replied 1 year ago.
Hi

Sorry for the delay. I'm sorry if I'm missing the point but this is not particularly clear.

You are saying that your vehicle was overhanging into a double yellow line?
Customer: replied 1 year ago.

Please can I ask that you make every effort to read what I have written. I said the wheels protruded over a yellow line. I have copied a link from Google maps for further clarity https://maps.google.co.uk/maps?hl=en&tab=wl I hope that helps. Many thanks.

Expert:  Jo C. replied 1 year ago.
I am sorry but I can't help then.

I am not sure what you mean and so cannot properly advice. I've looked at the map but its just a google overhead map of the location rather than any depiction of the parking.

If you could give me more information then I'll be happy to carry on
Customer: replied 1 year ago.

Okay, the link was designed to assist.... you can view the site on google street view. The parking bay is in front of Blockbuster video store. There is a scooped parking bay for about 3-4 cars which is cut into the pavement. On the road side part of the bay runs a yellow line which the off side wheels are breaking. I enclose this image of the alleged offence.Parking image

Expert:  Jo C. replied 1 year ago.
Ah! That images is brilliant. That shows it very helpfully.

Sorry if Im missing the point but that would seem to show left wheels on a pavement? Is that a bit of an illusion? The picture isn't that clear in black and white.
Customer: replied 1 year ago.

Yes I can see that it might appear like that however (and this is why I was trying to illustrate this with the street view link) there is actually a dedicated and indented parking bay there. You'll notice in the picture that a lorry is also parked there to unload. What I really want to clarify is that if this contravention 62 is purely and simply for parking on the pavement then this picture surely must be unenforceable as it doesn't show any wheels on the pavement. What I am unclear on and really need your assistance for is does the same contravention code apply in some way for the car's right hand wheels cutting the line on the road?

Expert:  Jo C. replied 1 year ago.
Not contravention 62. That is specifically and only for vehicles parked with one or more wheels on or over a footpath or any part of a road other than a carriageway.

They will sometimes try to enforce the prohibition marked upon the road - e.g if the yellow line is on the tarmac while a car is parked upon the road they will sometimes try to argue that the driver is parked upon a yellow line. I have to say that I can see no justification for doing that but I know that some Adjudicators do regularly enforce it.

They won't do that here though. They have issued code 62. There isn't a reason that councils couldn't amend the fine to a more appropriate one but they do that. They will just pursue the fine that they have issued on the basis they have issued it and if it fails they will accept that.

There does seem to be a female figure there carrying what does appear to be a 'load' within the test of Spake v Tester but obviously loading is not a defence to either footway parking or parking on a yellow line. I don't think thats what you are raising anyway from the facts you describe though as you say there is a loading bay.

On your substantive point though, parking across markings on a road does not amount to contravention 62 as its not a carriageway or footway.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

Okay that's great thank you. The bay is actually a designated parking bay but is also used for loading. My query with regards XXXXX XXXXX was, is unloading a defence, however I take your point that the substantive argument is whether how the car is parked contravenes section 62. So just to clarify, in your view, cutting the yellow line does not contravene section 62?

Expert:  Jo C. replied 1 year ago.
No, it certainly doesn't.

There are other contraventions that may apply but its not code 62.

If this is a parking bay then unloading is a defence unless there are signs up prohibiting loading but that isn't the charge here.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 65352
Experience: Over 5 years in practice.
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