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Parked partly on pavement with single yellow line, PCN issued - need advice!!
CupofCoffee0110
post Tue, 5 Feb 2019 - 13:10
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Hi

I am hoping somebody can help me with a PCN I received for "62 - parked with one or more wheels on or over a footpath or any part of a road other than a carriageway".


I have attached pictures of my car, how other cars are parked, the PCN and the signage. There are no pictures of the contravention on the Barnet Council website.


It was parked there on a Sunday when the parking restrictions do not apply. My car was half on and half off the kerb, the kerb was not dropped and I was not blocking the footpath or the driveway.


All the cars on that road have to park half on and half off the pavement as it is a tight road. There are usually bays but if not, you can park on any single yellow line on Sundays. I had to park this way to allow cars access on the road. There is no signage saying to park within the bays. The only signage is the one in the picture I have attached to this thread.


I was the only one who received a ticket out of all of the cars there. I feel I got the 62 instead of "parked outside of marked bays" one as it is more expensive, but I could be wrong.


How do I appeal this one?


Any help would be appreciated biggrin.gif


Thanks a bunch

Hana

**Update as at 4:30pm - I have now managed to see pictures on the Barnet Council website showing my car and the alleged contravention.** The entire street was half on and half off the pavement as the road only has space for 1 car. Honestly if I didn't do this, it would cause an obstruction in the road. I didn't cause any obstruction whatsoever.

This post has been edited by CupofCoffee0110: Tue, 5 Feb 2019 - 16:59
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post Tue, 5 Feb 2019 - 13:10
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Mad Mick V
post Thu, 11 Jul 2019 - 06:55
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OP----your key argument is that they have failed to consider and respond to your appeal grounds.

Their evidence submitted to the Tribunal and their reasoning should have been communicated to you but their letters are boilerplate rejections. They have failed to consider your grounds of appeal.

They have not provided the Resolution which allows footway parking although you requested this at an early stage.

They insist that footway parking is only allowed in marked bays but without the Resolution where is their evidence and where do they state that in the rejection letters?

The case I suggested at post 49 is relevant and should now be put forward to support your case.


Mick

This post has been edited by Mad Mick V: Thu, 11 Jul 2019 - 07:05
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cp8759
post Thu, 11 Jul 2019 - 10:19
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QUOTE (CupofCoffee0110 @ Wed, 10 Jul 2019 - 23:20) *
Unfortunately there's no date of when the evidence was uploaded. All I can see is this: https://www.dropbox.com/s/qp5k11pee6nqdhj/S....17.44.png?dl=0 from looking at the references it looks like a request to reschedule was given on 24 June. The council then wrote to me about 2 days later (as you can see in the first link above)

My hearing is now on 16th July.

Get in touch with the tribunal and ask them when the council uploaded its evidence, they must have a log of this.

Also, if there is still no council resolution, you should rely on Daniel Gentry v London Borough of Redbridge (2160356237, 21 September 2016) http://bit.ly/2PiJqus and in particular these passages:

Mr Gentry has repeatedly asked the Authority to produce copies of the resolution(s) which he argues were required under Section 15(4) of the Greater London Council (General Powers) Act 1974 (as amended) to authorise the exemption (and more particularly the extent of such exemptions at this location) from the London-wide ban on footway parking. Having first informed him that no such resolutions were required, and that they were entitled to simply rely on the signs, the Authority asserted in their Notice of Rejection that they had indeed “obtained the relevant resolutions to exempt roads from the Great London Councils footway ban". They have not, however, seen fit to produce any such resolutions for the appeal.
...
Without that evidence, which Mr Gentry has clearly and repeatedly requested, I cannot be satisfied that the point in Fairway Gardens where he parked was not in fact, despite the positioning of the signs, still not subject to a footway parking exemption. Consequently I cannot be satisfied that the contravention alleged occurred.

I must therefore allow this appeal.


You must emphasise that you have repeatedly asked the council for copies of the resolution, in order to confirm the exact extent of the footway parking ban, but the council has not produced the resolution for the appeal hearing.


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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CupofCoffee0110
post Sat, 13 Jul 2019 - 18:12
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QUOTE (cp8759 @ Thu, 11 Jul 2019 - 11:19) *
QUOTE (CupofCoffee0110 @ Wed, 10 Jul 2019 - 23:20) *
Unfortunately there's no date of when the evidence was uploaded. All I can see is this: https://www.dropbox.com/s/qp5k11pee6nqdhj/S....17.44.png?dl=0 from looking at the references it looks like a request to reschedule was given on 24 June. The council then wrote to me about 2 days later (as you can see in the first link above)

My hearing is now on 16th July.

Get in touch with the tribunal and ask them when the council uploaded its evidence, they must have a log of this.

Also, if there is still no council resolution, you should rely on Daniel Gentry v London Borough of Redbridge (2160356237, 21 September 2016) http://bit.ly/2PiJqus and in particular these passages:

Mr Gentry has repeatedly asked the Authority to produce copies of the resolution(s) which he argues were required under Section 15(4) of the Greater London Council (General Powers) Act 1974 (as amended) to authorise the exemption (and more particularly the extent of such exemptions at this location) from the London-wide ban on footway parking. Having first informed him that no such resolutions were required, and that they were entitled to simply rely on the signs, the Authority asserted in their Notice of Rejection that they had indeed “obtained the relevant resolutions to exempt roads from the Great London Councils footway ban". They have not, however, seen fit to produce any such resolutions for the appeal.
...
Without that evidence, which Mr Gentry has clearly and repeatedly requested, I cannot be satisfied that the point in Fairway Gardens where he parked was not in fact, despite the positioning of the signs, still not subject to a footway parking exemption. Consequently I cannot be satisfied that the contravention alleged occurred.

I must therefore allow this appeal.


You must emphasise that you have repeatedly asked the council for copies of the resolution, in order to confirm the exact extent of the footway parking ban, but the council has not produced the resolution for the appeal hearing.



Thank you I've sent this off now. I will update you around 16 July after my hearing.
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cp8759
post Sun, 14 Jul 2019 - 18:24
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Have you asked the tribunal to confirm when the council uploaded its evidence?


--------------------
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law.
No, I am not a lawyer.
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