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PCN 622 - Parked over footpath - Waltham Forest
manor1921
post Sat, 23 Mar 2019 - 12:11
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Hi all,

Need your help and advice on this PCN, and whether i should contest it.

Parked on double yellow over a footpath. Reason for parking over footpath was to prevent any obstruction to traffic, and ahead of me were marked parking bays over footpaths but was full.

I left my 8 year old niece in the backseat, whilst i went across the road to pick up some goods. I was gone for a maximum of 3 minutes, and when i returned to the vehicle i could see the officer issuing a PCN. Whilst he was doing this, i got into the vehicle and drove away. According to the PCN the vehicle was observed for a minute.

So my questions are:

1. Can a PCN be given if someone is sitting inside the vehicle?
2. As i was loading, does this PCN still apply?

Any help is appreciated!










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post Sat, 23 Mar 2019 - 12:11
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stamfordman
post Sat, 23 Mar 2019 - 12:54
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Parking on pavement is banned in London and one of the most difficult to appeal. Loading is an exemption but has to be observed and no alternative.

As there is pavement parking allowed in bays on that road there be something in the council's resolution disapplying the ban along the whole road.

A PCN is served on a vehicle in contravention so being in the car is not relevant but you say you drove away anyway.
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manor1921
post Sun, 24 Mar 2019 - 11:04
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Thanks for the reply @stamfordman

Any pointers in how I can find out if the pavement parking applies to the whole road?
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cp8759
post Mon, 25 Mar 2019 - 14:41
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QUOTE (manor1921 @ Sun, 24 Mar 2019 - 11:04) *
Thanks for the reply @stamfordman

Any pointers in how I can find out if the pavement parking applies to the whole road?

Looking for signs at the beginning of the street is normally a good start, see https://www.google.co.uk/maps/@51.5930112,-...33;8i8192?hl=en and https://www.google.co.uk/maps/@51.5909322,-...33;8i8192?hl=en

In this instance the signs specify "in marked bays" so you're on the back foot. You could ask them to produce the resolution which should have been passed under section 15(4) of the Greater London Council (General Powers) Act 1974 to lift the footway parking ban in the marked bays only, if they fail to produce it you could win at adjudication.

However in the first instance, I would suggest the softly softly approach, just explain the circumstances and ask them to exercise discretion to cancel. Even if they reject, they'll likely re-offer the discount.


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