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Please help PCN Contravention code 62
Sylji
post Sun, 17 Feb 2019 - 18:15
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Hello everyone,

i need help on this one please. i woke up to PCN with contravention code 62. i have always parked in the same place when there is nowhere else to park (for almost two years) and have never gotten a ticket until today.

So the contravention says "parked with one or more wheels on or over a footpath or any part of a road other than a carriageway" yet the marked bay is on the kerb; the area is not controlled on a Sunday as shown on the signage below; if i was parked on the marked bay, i would have been on the line and i am sure i would have not gotten a ticket meaning the space between my car and the footpath is big enough and not obstructing pedestrians, wheelchair or buggy users.

Are my points valid and can you all please tell me how to go about this?

Many thanks
















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post Sun, 17 Feb 2019 - 18:15
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cp8759
post Sun, 24 Feb 2019 - 22:45
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QUOTE (Sylji @ Sun, 24 Feb 2019 - 16:10) *
hi guys i am really sorry to bother you all. i am trying to write the appeal but i cannot seem to put words together and i am wondering if i can get help with it please.

Dear Sir or Madam,

There are signs on Daines Close that indicate footway parking is permitted, it follows that the council must have passed a resolution under section 15 of the Greater London Council (General Powers) Act 1974. There are no signs that indicate footway parking is permitted on Daines Close within marked bays only, it follows that footway parking must be permitted along both within and outwith the bays. If the council does not accept that this is correct, I ask that you provide a copy of the relevant council resolution.

This post has been edited by cp8759: Sun, 24 Feb 2019 - 22:49


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cp8759
post Mon, 25 Mar 2019 - 17:43
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I've had the most nonsensical response ever from the council:

Paragraph (1) of Section 15 of the Greater London Council (General Powers) Act 1974 (‘the
1974 Act’) applies a blanket ban on parking on footways and verges throughout the Greater
London area, with provision made for a London Local Authority to permit parking on footways
and verges in certain circumstances by way of an “enactment” - such as a Traffic
Management Order (TMO) made under the powers of either section 6 or section 45 of the
Road Traffic Regulation Act 1984 designating a parking place located on or partly on a
footway.

Provision is also made in paragraph (4) of section 15 of the 1974 Act for the making of a
more general “resolution” by a London Local Authority to permit footway parking where less
formal parking controls are required, i.e. not by making an Order.

With regards to Daines Close, which falls within the Little Ilford Residential Parking Zone, no
such TMO or resolution can be traced but as the highway authority the Council shall follow its
legal procedures and advertise the footway parking accordingly.


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Mad Mick V
post Mon, 25 Mar 2019 - 17:50
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That's good ------"repeatedly requested" as per this one:-

http://forums.pepipoo.com/index.php?showto...t&p=1214301

If they still cannot find the Resolution the appellant should win the case by default.

Mick
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cp8759
post Mon, 25 Mar 2019 - 20:07
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I PM'ed him and apparently he didn't get a reply and just paid the PCN. You can lead a horse to water...


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