code 622 PCN - Lambeth Council

[superblue78]

Dear all,

 

Got a notice to owner for 622 - parked with one or more wheels over footpath. Offence was 830am on 25/6/2011 in Lambeth when moving from property.

 

I was moving so temporarily parked on single yellow line outside property with two wheels on pavement to avoid blocking road. I had hazards on, boot up was obvious what i was doing as car filled to brim. There are resident permit parking on other side of road but they were not free and had some heavy items to place in car so needed to be outside ideally.

 

On coming outside arms laden with items, a traffic warden had appeared. I asked him if all ok, he said is this your car, I replied politely yes and I am moving will only be couple of minutes. Seemingly satisified, he walked off. Nothing else said.

 

I continued for couple of minutes and went back to get last couple of items as car nearly full then drove off to new property.

 

On returning with last few bits, traffic warden had reappeared but no where near car and was heading down the road away from me. I finished loading car and drove off.

 

This weekend, picked up Notice to Owner dated 8/8/2011 with £120 fine.

 

There had been no ticket on car, not seen any other paperwork inc no picture, though as moved landlord may still have some of my post.

 

Question is this all legit - ie no PCN issued to car. Suspect he hid around corner, waited till I walked off n did the dirty deed.

 

I admit, I was ignorant about the law - thought was doing right thing trying to avoid blocking road for few minutes didn't know it was an offence.

 

I understand all the get-outs eg, someone with the car at all times - there was someone else with me minding the car albeit in front garden sorting few items literally 2 yards from car but possibly hidden from view of TW, unloading/loading for few minutes - that was it and no-where else suitable to park (cannot prove it as have no photo evidence from the day).

 

For info - I had a residents parking permit so if I had parked in residents space, would of been legit but no spaces opposite house across a busy road.

 

Do I just pay - seems lot of money - or fight it?

 

Any help, greatly appreciated.

[dx100uk]

seems a tad harsh i must admit

 

however, like so many think, your hazard warning lights do not give you immunity from getting a ticket for blocking the pavement i fear.

 

dx

[cream70]

Have you checked the photographic evidence?

 

http://parkingphotos.lambeth.gov.uk/

[superblue78]

Now seen pics - TW must have hidden around corner, waited till I went inside to get more bits then took pics - cheeky. They are all taken at 8.32 - there is clearly no PCN attached to windscreen - not had one - and he clearly took pics and run off.On third picture you can quite clearly see hazards are on but accept this is not a defence.Is there a clue in title - council trying to say I was 'parked' there as in 'footway parking'. I wasn't. I was there for a few minutes loading the car then drove off. I wouldn't dream of ever parking a car onto a footpath and blocking it.What about the defence of you can load albeit temporary and if no other space or am I wasting my time?A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that the vehicle was parked— (d)for the purpose of loading or unloading goods, and— (i) the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and (ii) the vehicle was not left unattended at any time while it was so parked.Thanks

[superblue78]

Thanks for replies. Now seen pics - TW must have hidden around corner, waited till I went inside to get more bits then took pics - cheeky. They are all taken at 8.32 - there is clearly no pcn attached to windscreen - not had one (does that make a difference?) - and he obviously took pics and run off.On third picture you can quite clearly see hazards are on but I accept, this is not a defence.Is there a clue in title - council trying to say I was 'parked' there as in 'footway parking'. I wasn't. I was there for a few minutes loading the car then drove off. I wouldn't dream of ever 'parking' a car onto a footpath and blocking it leaving it there.What about the defence of you can load albeit temporary and if no other space or am I wasting my time?A person shall not be convicted of an offence under this section with respect to a vehicle if he proves to the satisfaction of the court that the vehicle was parked— (d) for the purpose of loading or unloading goods, and—(i) the loading or unloading of the vehicle could not have been satisfactorily performed if it had not been so parked; and (ii) the vehicle was not left unattended at any time while it was so parked.Thanks

[green_and_mean]

You would have to justify why you could not have parked it on the road to unload or carried the items from another parking place. It has to be essential to park on the footway not just more convenient.

[superblue78]

Reason not to park on road was to avoid blocking it. Thought that would of been better option to have two wheels on fairly wide pavement for albeit few minutes. Seems its inevitable that I will have to cough up 130 pounds and heed a very expensive lesson :-(This should be advertised wider as in 20 years of motoring, never heard of it before or even thought it was an issue.Its just another massive easy money spinner for revenue hungry councils hitting poor unsuspecting motorists via poorly paid TW's keen to top up their money with bonus pennies....sadThanks for your help on this guys - appreciated.

[dx100uk]

sorry but its always been this way

 

just because 'everyone' parks up on the pavement it does not make it legal.

 

if you can , and i think even their photos shows the boot open? that you wre loading etc

you should be ok

 

dx

[cream70]

You have just quoted the statutory leglislation which exempts you to park in this manner.

The PCN has not been lawfully served, and the authority cannot provide proof of service.

As you have nothing to lose, why don't you appeal?

 

The wording in the PCN maybe an issue as well.

 

Case ref:2100600726

 

http://www.patasregistersofappeals.org.uk/StatReg/StatRegAdvanced.aspx

Edited August 17, 2011 by cream70
sri no ext links - dx