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legalUK · WalesDifficulty: easy

Welsh council issued pavement parking ticket without a local ban

Wales has consulted on a general pavement parking ban, but as of mid-2026 it has not come into force. Until it does, a Welsh council can only give you a ticket for parking on the pavement if there is a specific local traffic order (a formal legal notice, usually backed by signs) banning it at that exact location. If no such order exists there, the council had no power to issue the ticket.

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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Sources

  • legislation.gov.uk/ukpga/Will4and1Vict/5-6/50
  • gov.wales — Pavement Parking in Wales consultation

Related appeal grounds

Next steps

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