Parking contravention 62...confused!

[JediGoat]

A bit of a long post, so TLDR version - Is this parking ticket valid?

I live in the London Borough of Brent and I've just received a £110 parking ticket for pavement parking near my house. I realise the fact that I've parked like that for a few years and checked with local wardens and local police that is it ok...is all irrelevant.

The ticket is for contravention 62 "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway". Where I'm confused (and why I've checked with local wardens previously) is that I'm parked on a section of road that permits parking with two wheels off the carriageway, albeit I'm not in a marked bay.

I realise this might sound confusing, so I'll try to explain. The whole street has pavement parking permitted (signs at either end of the street shows where is starts and ends). There are residents bay all along the street which straddle the pavement. The bays stop and restart in certain places (i.e. where there are double yellow lines in the road, or where there are obstructions on the pavement e.g. trees).

Where I park (because of a handy lamppost to chain to) there is a stretch of double yellows, but I'm not breaching that regulation as I'm not parked in the road. My bike is on the edge of the pavement, 'in line' with the other bays (i.e. next to the curb), although I doubt that matters. There are no motorbike bays in the local streets as Brent doesn't do many (bikes do not pay for parking permits and can park in any bay...but there's nowhere to chain my bike up in a bay!).

What I can't find is any definite information that states that the pavement parking rule only applies to marked bays within the section of road covered by the pavement parking signs. I far as I can work out at the moment, I'm parking on the pavement in an area that permits pavement parking, but I'm not parking in a permit holders bay (but then I don't have to have a permit).

If I'm in the wrong then I'll pay, but I'm rather ****ed off that I checked with so many traffic wardens when the parking restrictions came in and they all said I was allowed to park there.

Any advice appreciated (and yes, I can go out and take photos to explain it more...but not right now as I'm on nights this week so not dressed yet!)

Jo

[Corny Gizmo]

Could they be getting you pure and simply because you are effectively on double yellows? I read somewhere that double yellow lines on the road also apply to the pavement

Im sure someone will confirm :)

[JediGoat]

Could they be getting you pure and simply because you are effectively on double yellows? I read somewhere that double yellow lines on the road also apply to the pavement

Im sure someone will confirm :)

I believe that is contravention 01, whereas I've received notice of contravention 62.

[JediGoat]

I've just realised that the 'date of service' was the 1st October, but the date of the notice is 4th November! There is also no 'discounted early payment' option. This is the first I've heard of this PCN, but it looks like I'm outside of the 28 day appeal window. Oh, and the charge goes up by 50% is not paid within 28 days. So now the charge is £165.

This was just popped through my (communal) letterbox by the postman, not signed for. How on earth do I begin to challenge the fact that I've not received anything before today?

[Dipper]

From what you say you've been issued the PCN for the incorrect contravention. I'd be inclined to challenge it.

[JediGoat]

I just feel utterly deflated by this. I'm parking in the same place I've parked for years. I've got a PCN for it, but no ticket on the bike. If they sent an initial notice then it never got to me. I'm now not just outside the half-price discount period, but I'm outside the full price payment period, and in the 150% charge window (i.e. £165). I also seem to be outside the challenge window (28 days), and just a couple of days short of them appointing bailiffs.

And all of this was brought to my attention less than 2 hours ago.

I guess if I phone to say I didn't get the original PCN, they could say 'tough', or ask me to pay the £55 or £110. I'm not sure I have the stomach for challenging the PCN when it's outside the time period (albeit through no fault of mine), with all the risk of bailiffs that it brings.

[Littlepeahead]

Aren't they meant to take a photo of the ticket attached to your vehicle as proof it was issued?

[JediGoat]

There are two grainy black and white photos showing my bike on the pavement, but no obvious ticket attached (there is no front facing photo). I'm not contesting that my bike was parked there, I just believe that it is allowed to be parked there...it has been for 10 years (at least 3 since new road markings) and never had a ticket.

[Ch00]

You cant park on the pavement outside of a marked box.

I would think if you explained that you have only just got the notice they as you live in flats then they might allow you to pay the normal price.

[Kenzie]

I saw a car getting a ticket for being parked in a loading bay. She had to take photos of the car from different angles showing the offence as well as the ticket attached to the vehicle. Could you not challenge on the basis that the ticket was not on the bike?

[Littlepeahead]

That's what I meant, photos of the ticket on the bike to show it had been ticketed.

[Kenzie]

Sorry, just read that further up.

[JediGoat]

Back home from my nightshift and I've had a chance to do some googling.

The letter I've received is not a PCN, but a Notice to Owner stating that a PCN was issued. After wondering for a while why there was a photo of my handlebars, I can just about make out something wrapped around the throttle.

So, it seems a PCN was put on my bike early in the morning (about 15 mins after I left for work), but it most certainly wasn't there by 2pm that afternoon as I walked past the bike on my way home from work and would have seen it.

Anyway, I'm going to get some sleep then contact the Parking and Transport Appeals service (http://www.patas.gov.uk/) to see if there is anything that can be done about missing the deadline to pay £55 and instead having to pay £165.

[Bluepete]

http://brent.gov.uk/services-for-residents/parking/motorcycle-parking/

that says you can't park a bike on a pavement in Brent.

http://brent.gov.uk/services-for-residents/parking/footway-parking/

unless your street is exempt on that list.

As for asking for reduced/cheaper payment, just ask them.

Google;

parking contravention codes brent London

and read the pdf that's the first hit. codes are explained as are grounds for appeal etc

Pete ;)

[Fibob]

Hey,

Ok, from what I can gather, regardless of whether officers have said in the past this is ok, in any area of London this is illegal. If you parked on the kerb, you'd be fine though apparently because this is not the pavement, or road - haha!

If you have a sign somewhere dictating parking on the pavement is ok, you can appeal this contravention, otherwise you'll have to pay it.

They do not have to provide images of the bike with the ticket on it, the pictures are solely there to provide evidence of the bikes wheels on the pedestrian footway.

You could tell them you never received the first notice or ticket, and dispute paying 150% but that's about it I'm afraid. Sorry.

Hope this helps.