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PCN - Parked on dropped kerb
Etihad
post Sun, 27 Sep 2020 - 12:27
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Hello there

Apologies for shamelessly asking for help in my very first post.

I have received two PCN's rolleyes.gif :

Contravention- Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway
Contravention code - 62

I was doing work on my driveway and the cement takes time to dry and needs to be watered for couple of days before I can start driving over my driveway again.
I parked my car on my dropped kerb in front of the driveway, parallel to my neighbour's car ( he parks in a marked bay ). There was ample space on the pavement - even a double buggy could get through! I did not park in any of the marked bays as I do not have a parking permit. The parking permit is not free for me and hence even though I own my house and have lived here for 20 years, I have not got one. I always park on my driveway.
The signage for the marked bays is : Resident permit holders only. Mon-Sat 8:30am - 5:30pm

The car was parked on Friday afternoon and was not moved till Monday mid-day.
The first PCN was put on my windscreen on Friday afternoon and the second PCN was put in the same envelope on Monday morning.

I have attached photos below.

I would appreciate any help , O wise ones.

I would also like to know :
1 - Am I not allowed to park on my own dropped kerb ?
2 - Can another PCN be issued for the same reason if the vehicle has not moved?

This post has been edited by Etihad: Sun, 27 Sep 2020 - 14:56
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post Sun, 27 Sep 2020 - 12:27
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cp8759
post Sun, 24 Jan 2021 - 14:32
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QUOTE (Etihad @ Sun, 24 Jan 2021 - 14:21) *
Option 1 please , esp with COVID and all about.

You do realise that due to COVID all hearings are by telephone?

QUOTE (Etihad @ Sun, 24 Jan 2021 - 14:21) *
Do I not appeal after a decision has been made by LT?

No, the case at LT is the appeal, there is no further appeal after that unless some truly exceptional circumstances apply. I can write you a written representation if you really want but a hearing would be best, but it's your call.


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cp8759
post Thu, 25 Mar 2021 - 14:08
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Just had the final hearing with Mr Burke, who confirmed both appeals are being allowed.


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cp8759
post Fri, 26 Mar 2021 - 11:49
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Reasons:
QUOTE
I have to deal with appeals against 2 PCNs issued to Mr. Etihad's vehicle in similar circumstances, alleging contraventions on 19.09.20 and 21.09.20. The personal hearing in this case was conducted by telephone with the Appellant’s representative Mr. cp8759.

The allegation in each case is that the vehicle was parked with one or more wheels on or over a footpath or any part of a road other than a carriageway. Mr. Etihad does not in fact dispute this in either case but he points out this was outside his own home and that there are marked exemptions to the footway parking prohibition in his street.

Since 1974 there has been a London-wide prohibition on ‘footway parking’. The Highway Code advises that

‘You MUST NOT park anywhere partially or wholly on the pavement in London…’

The precise definition has been amended on several occasions and is presently expressed so that the contravention occurs if the vehicle is parked ‘with one or more wheels on or over a footpath or any part of a road other than a carriageway’. As the prohibition applies across London, there is no requirement for signage at any particular location.

The Enforcement Authority have provided photographs taken by the Civil Enforcement Officer in each case which show the vehicle parked with 2 wheels on the footway. However, on 11.02.21 I adjourned case reference 2200513505, writing in the following terms:

The Adjudicator has adjourned this case to be heard with the linked case, 2200531915, in a telephone hearing on 25.03.21.
In the meantime the Adjudicator directs that the Enforcement Authority indicate whether they have any record of a resolution made under s.15(4) of Greater London Council (General Powers) Act 1974 as amended, establishing an exemption of the footway parking prohibition at this location. The Adjudicator also directs that they provide any copy of any such resolution to which they have access.

The Enforcement Authority have failed to reply in case reference 2200513505 and in case reference 2200531915 they have provided an evidence bundle which does not the point. In all the circumstances I am not satisfied they have established their case in either matter and accordingly I allow each appeal.

I should add that there is an obvious possible explanation for why the marked exemptions to the footway parking prohibition do not include the footway outside Mr. Etihad's home and it is to protect Mr. Etihad from other motorists parking there and blocking his access and egress across the dropped footway. The fact I have allowed his appeals on the evidence provided in these cases does not mean his vehicle was parked legally. If he parks in similar fashion again he will do so at his own risk that a PCN may be issued and the Enforcement Authority may have the evidence to enforce the PCN.


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Etihad
post Sat, 10 Apr 2021 - 12:58
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A big thank you to Sir cp8759 for his help.
It all sounds gobble-de-**** but I am delighted the outcome was in my favour.
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