Is this car parked illegally???

[geegee]

YRS I DO REALISE ITS NOT A WOVER, but this is my mates car and he had it parked where it is in the photograph and returned to it after work and found he had a P.C.N (PENALTY CHARGE NOTICE) on it, do you think he should appeal or is he in the wrong, the allegded offence was "PARKED IN A RESTRICTED STREET DURING PRESCRIBED HOURS(01)
http://s1138.photobucket.com/user/ge...tml?sort=6&o=0

[MangoMan]

I think theoretically he shouldn't have been fined for that offence as the lines do not go around into the driveway, so he might get of on a technicality - but really I wouldn't have parked there. What if they came to remove the concrete blocks and accidentally dropped one on his car...???

[topman]

Who issued the ticket? The council or some chancer company?

[maintenanceman]

Originally Posted by geegee

YRS I DO REALISE ITS NOT A WOVER, but this is my mates car and he had it parked where it is in the photograph and returned to it after work and found he had a P.C.N (PENALTY CHARGE NOTICE) on it, do you think he should appeal or is he in the wrong, the allegded offence was "PARKED IN A RESTRICTED STREET DURING PRESCRIBED HOURS(01)
http://s1138.photobucket.com/user/ge...tml?sort=6&o=0

Originally Posted by MangoMan

I think theoretically he shouldn't have been fined for that offence as the lines do not go around into the driveway, so he might get of on a technicality - but really I wouldn't have parked there. What if they came to remove the concrete blocks and accidentally dropped one on his car...???

There's been something like this near work over access points that are out of use and barricaded shut. Also vehicles parking with one wheel out on the pavement at a car dealership; in this case the vehicles were clamped due to no VED.

[Sidetops]

I wouldn't have parked there either, but it does seem harsh.

[geegee]

hemel Hempstead "dacorum borough council"

[Blackfriar]

If the PCN was issued by a public employee the question could be was the car on a public road? It looks to me that it could be on private land.
If the PCN was issued by some private company they would have to shown there was a notice prohibiting parking there which was clearly visible.

[thundercat]

Bit of a grey area this, anyway this is what the law says. Yellow lines apply from the center of the road to the edge of the highway, this means that you can not park on a pavement or verge by a yellow line. Hope this is helpful but methinks if he appeals he could loose on a technicality, as they may say that where he was was part of the verge that was part of the highway

[whitevanman]

IMO No it's not, However if you look at the pic the brickwork of the (I assume private) land stops short of his front wheels and the front of the car does obstruct slightly the ramp on the pavement, it doesn't matter whether people use it or not.

I'd appeal it and see what happens, but even if he wins in future if it were me i'd take the time to park lengthways so that the whole car is on the brickwork and therefore on private land and someone elses responsibility other than a percentage driven jobsworth.

[thundercat]

Agreed, but, if a mum was walking along that stretch of pavement with a pram or pushchair she would have to go round the front of the car. Be interesting to see how this pans out and what the council will say if he appeals against the ticket