Advice on Challenging a Penalty Charge Notice (parking ticket)

This past weekend I returned to my car after tutoring a pupil at her residence to find a PCN on the windscreen. I was parked along the brick wall area surrounding their drive where I have been instructed by them to park and it's also where I have been parking since I started the one-to-one tuition in June. My car was on the wide pavement along the wall with at least 2.5 metres remaining to the curb and street -- so plenty of room for any pedestrians or persons in a wheelchair to get comfortably past without having to walk in the road.

The contravention I am accused for is: 'Parking in a restricted street during prescribed hours'

The carers of the student I tutor said they have their guests park there all the time and no one has ever been given a ticket. Also, there are NO signs in the area, much less the entire street to indicate any parking restrictions. In addition, the neighbours park the same way outside their own drives and were parked as such that day and none of them had tickets either.

The only thing I can think the contravention could be referring to is that there are double yellow lines painted IN the actual road, however, I was not parked anywhere near the yellow lines, nor was I IN the actual road.

I am drawing up a written appeal on the grounds that the contravention did not occur as the contravention described in the PCN did not happen. I was parked on the pavement next to the drive (with the homeowners' 2 vehicles parked ON the drive), and no where near the road itself...not to mention, definitely not blocking the footpath to any pedestrian.

The carers of the student I tutor are also prepared to give a written statement to back me up as well.

I want to make sure I get this done in the next couple of days and do so in a way that shows I have done my homework and they can't just bully me into paying the £70 fine. In fact, £70 is MORE than I make in a month's work of tutoring this child!

Any advice or suggestions on doing this so that I have the best chances...or do I have legitimate grounds for challenging this?

Thanks in advance!

Um, isn't parking on the pavement illegal? if that's your defence, you're just going to end up with another ticket.

I recently challenge a parking ticket...and still ended up paying.  I'd love to hear of anyone winning.

I'd try reading the article on Moneysavingexpert.com on challenging parking tickets.  Funnily enough, DH got one yesterday which he is appealing as it's pure rubbish (and this isn't subjective, either).

As far as parking on the pavement - I thought it was only illegal in London, but not in the rest of the UK?  I'm not the one with the driver's licence though .

Parking on the pavement as far as I know is not illegal here, unless signposted. In fact, it's how most cars are parked as you drive down certain streets. Some even half in the road and half on the pavement...otherwise you can't get down the street more than one car at a time.

LMB, I knew I've looked it up before:

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You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.

Not sure how that helps...here's the MSE article, which is very helpful: http://www.moneysavingexpert.com/reclaim/parking-ticket-appeals

I know this doesn't help but.............
I was at a meeting of Monday night. We are volunteers with the police department and someone mentioned that 85% of the tickets are dismissed. ('small town' Utah)

We ticket for people parking in handicap parking spots without the required permit.  I think it is a $150 fine. The permit is suppose to be hanging behind the rear view mirror in the car.

http://www.dudley.gov.uk/transport-and-streets/street-care-and-maintenance/footways-pavements/parking-on-pavements

Where the OP lives parking on the pavement is not allowed if there are yellow lines in the road next to the pavement. If I understand her post correctly, she was parked on a pavement next to yellow lines. Perhaps this is the actual reason for the ticket.

http://www.dudley.gov.uk/transport-and-streets/street-care-and-maintenance/footways-pavements/parking-on-pavements

Where the OP lives parking on the pavement is not allowed if there are yellow lines in the road next to the pavement. If I understand her post correctly, she was parked on a pavement next to yellow lines. Perhaps this is the actual reason for the ticket.

Yes, I've seen this since I was issued the PCN, however, the contravention code used on my PCN was 'parked in a restricted street during prescribed hours' which mentions nothing about the pavement itself. If I was being ticketed for parking on the pavement, it was not described as such on the PCN which is why I am challenging it.

Yes, I've seen this since I was issued the PCN, however, the contravention code used on my PCN was 'parked in a restricted street during prescribed hours' which mentions nothing about the pavement itself. If I was being ticketed for parking on the pavement, it was not described as such on the PCN which is why I am challenging it.

Ok well above you said it's not illegal where you parked which is why I took the trouble to check it for you.

You could challenge on that basis but I won't be surprised if they issue a new ticket for the pavement parking. It's never a good idea to defend a msidemeanour with another misdemeanour. 

Ok well above you said it's not illegal where you parked which is why I took the trouble to check it for you.

You could challenge on that basis but I won't be surprised if they issue a new ticket for the pavement parking. It's never a good idea to defend a msidemeanour with another misdemeanour. 

I said it wasn't illegal as far as I knew...and pointed out that cars are parked on the pavements all the time around here. This is not my reason for challenging it however. The property owners said to me that they always have their visitors park there (if you could see a picture, it's essentially part of their drive and they have never (in the years they have lived there) had anyone ticketed. Also, neighbours next door are parked similarly (the pavement itself is wide and it didn't occur to me that it simply wasn't the part of the property line...if that is the case).

Anyway, my reason for challenging is because I'm being accused of parking in a restricted street, yet, there is no signage to indicate the street is restricted. It's actually very ambiguous and my husband and I (as well as the property owners) suspect it's from an over-zealous Civil Enforcement Officer.

I appreciate your insight though.

But if it has  yellow lines, wouldn't that indicate it's a no parking zone, ie restricted? Isn't that why you parked on the pavement in the first place? (just playing devil's advocate come council jobsworth)

Just because no one else has ever gotten a ticket when parked there doesn't mean it's legal. It could be that they've always just turned a blind eye to it and for some reason they decided to start ticketing the day you were parked there, which totally sucks.

I challenged successfully once in Edinburgh.  

BUT, it was a controlled parking area/permit parking only during certain hours, we'd paid the metre because the sign with the restricted hours was covered with foliage.  

We'd gone to take our child to a physiotherapy appointment at Royal Hospital for Sick Children.  

At the time, there was no direct bus service to within several blocks of this hospital, either.

So we paid and displayed and carried on our merry way.

To come back and find the ticket.  

Eventually found the sign and DH took a photie of it on his mobile.

I challenged the ticket AND got our MP involved in changing the hours of controlled parking in that area, given that the hospital had next to no parking on site and there was no bus servicing it directly.

Thankfully, they're in teh process of moving the children's hospital to the larger campus of Little France, which has plenty of bus services and a large car park (free for blue badge holders).

I'm also challenging another one here in Argyll and Bute council.  

But if it has  yellow lines, wouldn't that indicate it's a no parking zone, ie restricted? Isn't that why you parked on the pavement in the first place? (just playing devil's advocate come council jobsworth)

The fact that there were yellow lines there told me "no parking on double yellows." I had no idea this extended to the pavement. I didn't park on the pavement for the purpose of avoiding the yellow lines specifically, I parked there because I thought they were part of the property owner's property -- an extension of their drive. It's really difficult to explain without a photo. I honestly thought of it as part of their drive.

I also realise that just because others weren't ticketed doesn't make it right for me...just something irritating/a gripe to the situation, really. Nothing I hate more than inconsistency.

For the record on here as well (not that it matters here or that I will mention it in the letter), my husband (who has been driving since '92) says he would not have thought differently about parking where I did as I was instructed to park there by the property owners of the girl I tutor.