Wholly Within a Marked Parking Place — 50cm Rule Does Not Apply
Section 85(2) expressly exempts a vehicle parked wholly within a designated parking place, or any other part of the road where parking is specifically authorised. Marked bays in the middle of the carriageway or on the offside are often more than 50cm from the kerb by design — that is exactly what the exemption covers. If your car was inside a marked bay or an authorised parking area, code 26 cannot apply.
Legal basis
Traffic Management Act 2004 s.85(2): no prohibition where 'the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised' (designated parking place per the Road Traffic Regulation Act 1984)
How to identify this in your case
Were you parked inside a marked parking bay — including centre-of-road or echelon bays — or in an area where signs authorise parking, even though your car was more than half a metre from the kerb? Photograph your vehicle inside the bay markings and the nearby signs showing parking is permitted there.
Sample appeal wording
formal
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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Related appeal grounds
- Aberdeen Clean Air Zone ticket issued too early
- Appealing a Scottish tribunal's legal error to a higher tribunal
- Attorney acting for keeper under Scottish power of attorney
- Bailiff acted without proper advance warning notice
- Bath CAZ — Sunset Period for Pre-Registered Commercial Vehicles
- Bay Obstructed or Too Small — Could Not Park Within the Bay Markings