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Looking for advoce here for a friend regarding a rejected appeal for pcn issued as section 62.. THe area could be considered a layby with no road markings or signage. Is it worth taking this further as it could be considered as part of the carriageway. There are no obvious crossing points or drop kerbs here.
Section of Response
Nature of Contravention: 62 Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway
NOTICE OF DECLINE OF CHALLENGE Thank you for writing to us regarding the above Penalty Charge Notice. We have carefully considered your challenge, however have decided not to cancel your Penalty Charge Notice (PCN). You were issued a PCN for parking with one wheel (or more) on the pavement or off the road. Pavement or off-road parking is not allowed unless signs say otherwise. This rule applies 24 hours a day, seven days a week, and is enforced because vehicles: • can get in the way of pedestrians, especially blind people or people with prams; and • can damage paving or underground pipes. The rule forbidding off-road parking does not have to be signposted. Greater London Council (General Powers Act) 1974 as amended by the London Local Authorities Act 2000 prohibits footway parking throughout the Greater London area. Section 15 (2) provides that any person, who causes or permits a vehicle to be parked in Greater London with one or more wheels on or over a footpath or any part of a road other than a carriageway, shall be guilty of an offence. Pavements, grass verges, traffic islands and crossovers are included. We must advise that any length of highway or of any other road to which the public has access by virtue of section 142 of the Road Traffic Regulation Act 1984 is enforceable.
Section of Response
Nature of Contravention: 62 Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway
NOTICE OF DECLINE OF CHALLENGE Thank you for writing to us regarding the above Penalty Charge Notice. We have carefully considered your challenge, however have decided not to cancel your Penalty Charge Notice (PCN). You were issued a PCN for parking with one wheel (or more) on the pavement or off the road. Pavement or off-road parking is not allowed unless signs say otherwise. This rule applies 24 hours a day, seven days a week, and is enforced because vehicles: • can get in the way of pedestrians, especially blind people or people with prams; and • can damage paving or underground pipes. The rule forbidding off-road parking does not have to be signposted. Greater London Council (General Powers Act) 1974 as amended by the London Local Authorities Act 2000 prohibits footway parking throughout the Greater London area. Section 15 (2) provides that any person, who causes or permits a vehicle to be parked in Greater London with one or more wheels on or over a footpath or any part of a road other than a carriageway, shall be guilty of an offence. Pavements, grass verges, traffic islands and crossovers are included. We must advise that any length of highway or of any other road to which the public has access by virtue of section 142 of the Road Traffic Regulation Act 1984 is enforceable.
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