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Parked with one or more wheel on Pavement, Contravention 62
waqas
post Sat, 24 Nov 2018 - 16:45
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Dear All,

I have recently got a ticket after parking as shown in pictures attached. I saw the sign opposite that i can park with two wheels on as i always for years i have done almost on same place. however, this last weekend has been a surprise to me. i only see that there is no resident permit or any single yellow or double yellow here hence i park here from years but this time i got tick for spot that i have parked two wheels on the kerb. this area has never been patroled and now few days back they have sent letters to say yes or no to change it to resident-only parking which many many people have opposed. since then people are getting tickets for even minor mistakes. they have put few new cameras etc.

Question is should i appeal it as honestly i was totally unaware of the sign showed in this picture by Traffic Warden by the Redbridge council? charge notice is for 110 and half if pay in 14 days to £55

Regards,

Waqas.
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post Sat, 24 Nov 2018 - 16:45
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cp8759
post Sat, 24 Nov 2018 - 18:37
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Ignorance of the law is no excuse, and parking on the pavement has been banned everywhere in London under section 15 of the Greater London Council (General Powers) Act 1974, there are some exemptions including where signs explicitly allow footway parking (Incidentally parking of the pavement is banned everywhere in the UK, the only difference is that in London the council can enforce this, while everywhere else it's down to the police and they have other priorities).

The Google time machine tells us the sign was there in July 2015 https://www.google.co.uk/maps/place/Brocken...4d0.07685?hl=en so it's been there for over 3 years now.

At this point you need to do two things:
1) Upload the PCN in full, redacting just the number plate and nothing else, and
2) Ask the council for a copy of the resolution, passed under section 15(4) of the Greater London Council (General Powers) Act 1974 to lift the footway parking restriction from Brockenhurst Gardens


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stamfordman
post Sat, 24 Nov 2018 - 20:34
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Point of information is we see a lot of these pavement parking PCNs in Redbridge - they are fond of slapping in, and sometimes changing positions of, pavement parking signs, so in other threads there may well be info on resolutions.
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waqas
post Wed, 28 Nov 2018 - 10:38
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QUOTE (cp8759 @ Sat, 24 Nov 2018 - 18:37) *
Ignorance of the law is no excuse, and parking on the pavement has been banned everywhere in London under section 15 of the Greater London Council (General Powers) Act 1974, there are some exemptions including where signs explicitly allow footway parking (Incidentally parking of the pavement is banned everywhere in the UK, the only difference is that in London the council can enforce this, while everywhere else it's down to the police and they have other priorities).

The Google time machine tells us the sign was there in July 2015 https://www.google.co.uk/maps/place/Brocken...4d0.07685?hl=en so it's been there for over 3 years now.

At this point you need to do two things:
1) Upload the PCN in full, redacting just the number plate and nothing else, and
2) Ask the council for a copy of the resolution, passed under section 15(4) of the Greater London Council (General Powers) Act 1974 to lift the footway parking restriction from Brockenhurst Gardens


Thank you for your quick reply. I agree with you 100%. Its that you must have seen the sign on driver side is to the end of the road can do on kerb and i just assumed with out looking properly that arrow is from that point onward.

I am normally very very careful driver and take proper care before parking and park mostly by pay to avoid any tickets.

attached is full PCN.


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rsg444
post Wed, 28 Nov 2018 - 11:09
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Hi, I also received a PCN from Redbridge for a similar thing last year - i.e. parked to the right of the sign with the arrow. Basically I asked Redbridge for the resolution which they couldn't provide - even if they do, it's most likely applied to the whole road as opposed to just the areas marked in between the blue signs. The resolution that dis applies the ban is key. My money is on Redbridge not having it.

My PCN was cancelled after the NTO representation by the way - the council didn't respond in the 56 day limit. Have a read of this, it should help - location wasn't too far from where your one was issued:

http://forums.pepipoo.com/index.php?showto...07715&st=20



This post has been edited by rsg444: Wed, 28 Nov 2018 - 11:20
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cp8759
post Wed, 28 Nov 2018 - 14:56
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Just make informal representations now, challenging them on the basis that unless they produce the resolution, the restrictions are not enforceable. Even if they reject (and even if they come up with the resolution), they will re-offer the discount so nothing to lose.


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waqas
post Wed, 28 Nov 2018 - 17:09
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QUOTE (cp8759 @ Wed, 28 Nov 2018 - 14:56) *
Just make informal representations now, challenging them on the basis that unless they produce the resolution, the restrictions are not enforceable. Even if they reject (and even if they come up with the resolution), they will re-offer the discount so nothing to lose.


Thank you i have done that. I have simply asked council to provide a copy of the resolution, passed under section 15(4) of the Greater London Council (General Powers) Act 1974 to lift the footway parking restriction from Brockenhurst Gardens.

I will update you once they give me update.

Regards,

Waqas
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cp8759
post Tue, 11 Dec 2018 - 15:32
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Footway parking briefing note: https://www.scribd.com/document/395462069/A...-6-Approval-pdf

Map: https://www.scribd.com/document/395462070/B...rst-Gardens-pdf

Unfortunately it looks like the council's documents support the contravention. Let's see what they come back with.


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waqas
post Mon, 28 Jan 2019 - 12:05
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Hello All,

unfortunately, the council came back but they didn't produce anything i asked for. they simply said that you were parked where you were not permitted to hence ticket is given. since i had in reply that they already had a resolution, passed under section 15(4) of the Greater London Council (General Powers) Act 1974 to lift the footway parking restriction from Brockenhurst Gardens. then i just didnt feel that i should be waiting any more and paid it. Thank you for all who have helped.
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