How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71135
Experience:  Over 5 years in practice
Type Your Law Question Here...
Jo C. is online now

Hello. My car was parked with two wheels on my car cross-over.

This answer was rated:

Hello. My car was parked with two wheels on my car cross-over. Approximately 10 inches. On one side of the cross-over is a tree which is approximately four feet into the pavement. On the other side used to be an identical tree, but it is no longer. The PCN states that the car can get in the way of blind persons and people with buggies. Also it can damage underground pipes and paving. This is a council built cross-over so it will be reinforced and obvious checks made for any pipes. So in no way was the car obstructing any buggy or blind person because the tree is part of the footpath and is far further impinging on said footpath. Thank you.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you have a defence?
Customer: replied 3 years ago.

Yes . If possible to use common sense and observation of photographs

On what basis?
Surely the PCN complains of wheels on a kerb?
Or are they alleging causing an obstruction? Normally they leave that to the police.
Whats the contraventon code?
Customer: replied 3 years ago.

The wheels were on the car cross-over. The code is on the ticket which is not in our possession PCN no. XL 06840282

That is the PCN number.
I need the contravention code? Normally in the top right of the PCN.
Alternatively is there a description on the contravention?
You might find it in the letter of rejection.
Customer: replied 3 years ago.

The vehicle can get in the way of pedestrians, especially blind people or people with prams; and

can damage paving or underground pipes.

No PCN number, that was sent with the appeal

My argument is that the pedestrians would be obstructed from walking into the car by a tree!

Yes, that is the justification but its not the contravention.
Is it possible to scan and email the letter you have received and I will tell you what you are dealing with.
Customer: replied 3 years ago.

Unfortunately my printer is at the moment not working and I can get to a printer tomorrow so I can then hopefully copy and send it to you.

The name on the PCN is the name of my daughters boyfreind who is living with her at this address.

Can I try tomorrow please?

Yes, no problem.
I am in court in the morning but I'll be back for the afternoon. Whenever you can.
Customer: replied 3 years ago.

Letter front

That is a fine for having wheels on the pavement not for causing an obstruction.
Causing an obstruction is normally ticketed by the police not the local council now.
I realise that the justification for the fine might well be that you were causing an obstruction but its not the basis for the fine and that changes everything.
These wheels on pavements fines are very difficult to challenge. In most areas they don't need a trafffic management order on the point or any signs prohibiting it.
You can always ask them to consider on the basis of the public interest of this prosecution as indeed from the photographs you were not causing an obstruction. Whether that will be sufficient or not is another matter. Local council parking departments are not generally interested in traffic management. They are interested in drumming up revenue to support the social security budget.
You could defend this on the basis of a principle in law called 'de minimus' which essentially raises the defence that the breach is so minor that it ought not to be the subject of the attention of the tribunal. The Councils raise that fast enough when their non compliance is challenged.
Can I clarify anything for you?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for the advice. I think we can still challenge this and see where it ends up. thank you again

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile