"I wasn't obstructing the footway or carriageway, and as soon as I noticed what I had done, I got back in and drove off. It was a few seconds in total and I didn't even leave the vehicle unattended."
I've just seen this thread after a few days away from the internet. From your description, Lou, I would say that the PCN was not valid. If you stopped the car, got out, realised that you had two wheels on the "kerb", got back in and drove off without unloading, then that's not "parking" in my view, merely "stopping". If you did manage to unload during the few seconds that you were there, you could argue that it was covered by the exemption that Rosi mentioned.
"for a PCN to be enforceable, it must display the vehicle colour and time of issue, neither of which are displayed"
Sorry, the make and colour are not a legal requirement on a PCN, despite many councils including them. The date and time of the contravention are required, but only the date of issue, not the time of issue.
Kevin Regan: "The kerbstones are part of the road surface. ... Parking with wheels on the kerbstones is therefore not parking on the pavement."
Kevin, I think you may be confusing the terms road and carriageway. Legally, the road consists of all of the carriageway, footway, verges etc. I would expect the kerbstones to be considered part of the footway, not part of the carriageway. If you know of any case law or legislation that suggests otherwise, can you please provide a reference?
Whether the rows of differently coloured bricks are actually the "kerbstones" or the "gutter" in this case would be an interesting legal point. Hopefully LBH will see sense before it gets to that.
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Topic | Date Posted | Posted By |
Penalty Charge Notice, CHR | 22/04/09 12:36:00 | Lou Valdini |
Re:Penalty Charge Notice, CHR | 22/04/09 13:07:00 | Jatin Patel |
Re:Penalty Charge Notice, CHR | 22/04/09 13:08:00 | Elizabeth Ross |
Re:Re:Penalty Charge Notice, CHR | 22/04/09 16:01:00 | Chris Calvi-Freeman |
Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 16:42:00 | Andrew Jones |
Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 16:44:00 | Michael Brown |
Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 17:11:00 | Chris Calvi-Freeman |
Penalty Charge Notice, CHR | 22/04/09 17:15:00 | Kevin Regan |
Re:Penalty Charge Notice, CHR | 22/04/09 17:29:00 | Michael Brown |
Two Questions for Chris | 22/04/09 17:47:00 | Andrew Jones |
Re:Penalty Charge Notice, CHR | 22/04/09 17:48:00 | Lou Valdini |
Re:Re:Penalty Charge Notice, CHR | 22/04/09 18:34:00 | Michael Brown |
Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 18:58:00 | Timothy Walsh |
Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 19:05:00 | Michael Brown |
Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 20:08:00 | Timothy Walsh |
Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 20:22:00 | bobby osborne |
Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 20:30:00 | Russell Pearson |
Re:Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 20:44:00 | Brian Coyle |
Re:Re:Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 20:53:00 | Timothy Walsh |
Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 22/04/09 22:41:00 | Elizabeth Ross |
Re:Penalty Charge Notice, CHR | 22/04/09 23:31:00 | Rosi Krupa |
Question for Rosi | 27/04/09 12:30:00 | Andrew Jones |
Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 23/04/09 12:09:00 | Chris Calvi-Freeman |
Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 23/04/09 12:25:00 | Elizabeth Ross |
Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 23/04/09 12:41:00 | Chris Calvi-Freeman |
Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 23/04/09 09:18:00 | Lou Valdini |
Re:Penalty Charge Notice, CHR | 22/04/09 23:31:00 | Hugh jones |
Re:Re:Penalty Charge Notice, CHR | 23/04/09 00:14:00 | Barbara Joy Mukisa |
Re:Re:Re:Penalty Charge Notice, CHR | 23/04/09 00:47:00 | Michael Brown |
Re:Re:Penalty Charge Notice, CHR | 23/04/09 09:23:00 | Lou Valdini |
Re:Penalty Charge Notice, CHR | 25/04/09 00:54:00 | Richard Jennings |
Re:Re:Penalty Charge Notice, CHR | 25/04/09 08:43:00 | Barbara Joy Mukisa |
Penalty Charge Notice, CHR | 27/04/09 18:18:00 | Kevin Regan |
Re:Penalty Charge Notice, CHR | 28/04/09 11:43:00 | Lou Valdini |
Re:Re:Penalty Charge Notice, CHR | 28/04/09 11:51:00 | Chris Calvi-Freeman |
Re:Re:Re:Penalty Charge Notice, CHR | 28/04/09 22:55:00 | Michael Brown |
Re:Re:Re:Re:Penalty Charge Notice, CHR | 29/04/09 23:32:00 | Hugh jones |
Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 30/06/09 11:09:00 | Lou Valdini |
Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 30/06/09 11:28:00 | Richard Jennings |
Re:Re:Re:Re:Re:Re:Re:Penalty Charge Notice, CHR | 30/06/09 12:25:00 | Michael Brown |