Pavement parking — Welsh proposed ban not yet in force; PCN issued ultra vires
Wales has consulted on but not (as of mid-2026) commenced a general pavement parking ban analogous to Scotland's. Some Welsh councils have nevertheless attempted to issue PCNs for 'footway parking' under inappropriate codes (e.g. code 62 Parked With One Or More Wheels On Or Over A Footway) where no specific TRO prohibits it. Pending the commencement of a Welsh ban, footway parking is only enforceable where a specific TRO and signed prohibition exists.
Legal basis
Highway Act 1835 s.72 (criminal — police only); Road Traffic Act 1988 s.34 (off-road driving — not parking); Welsh Government — Pavement Parking in Wales: Consultation Response (2023); Traffic Management Act 2004 Pt 6
How to identify this in your case
If issued under code 62 or similar but no specific TRO covers the location, the PCN is ultra vires.
Sample appeal wording
Dear Sir/Madam, Re: PCN [PCN_NUMBER] — Code 62 Parked With One Or More Wheels On Or Over A Footway The Welsh Government has consulted on but not commenced a general pavement parking prohibition. As of the date of the alleged contravention there is no Welsh general statutory prohibition. The Council can only enforce footway parking where a specific Traffic Regulation Order so prohibits and is signed. Please provide the TRO and signage evidence. If none exists, the PCN is ultra vires and must be cancelled. Yours faithfully, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Scan my ticketSources
- legislation.gov.uk/ukpga/Will4and1Vict/5-6/50
- gov.wales — Pavement Parking in Wales consultation