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PCN for parking two wheels over kerb narrow road, code 62 Partly on footway
damien6017
post Sat, 16 Feb 2019 - 07:39
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I have recieved PCN which states that my vehicle was parked with one or more wheels on or over a footpath or any part of a road other than a carriageway. I know we cant park in London that way however road is not wide enough to pass for larger vehicles and constantly they driving on grass damaging it. My neighbour provide copy of his challeng of two tickets and they cancel them however it was back to 2007. I did challenge online described narrow road and included pictures of damaged grass verge and my neighbours cancellation letter. Recieved notice of decline of challenge. Is it worth to go any further ? Need some advice please

This post has been edited by damien6017: Sat, 16 Feb 2019 - 09:14
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post Sat, 16 Feb 2019 - 07:39
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stamfordman
post Sat, 16 Feb 2019 - 10:49
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Post the PCN and council pics and a google street view link.

Put pics on https://imgbb.com or such like.

Do many drivers commonly park on the verge there?
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PASTMYBEST
post Sat, 16 Feb 2019 - 10:58
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We also need to see what you sent by way of challenge. Failing to consider seems likely as does a claim of legitimate expectation that you may park there


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Incandescent
post Sat, 16 Feb 2019 - 12:43
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QUOTE (PASTMYBEST @ Sat, 16 Feb 2019 - 10:58) *
We also need to see what you sent by way of challenge. Failing to consider seems likely as does a claim of legitimate expectation that you may park there

+1
However this is the kind of situation we see where the residents need to put pressure on their local councillor. At the moment, the parking department look upon it as a "nice little earner".
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cp8759
post Sat, 16 Feb 2019 - 13:14
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I'm not so optimistic. The letter from 2007 suggests footway parking at this location was under review at the time. I suspect that review was completed many years ago, and if they didn't install any signs allowing footway parking, the outcome of the review must have been that footway parking should not be permitted.


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PASTMYBEST
post Sat, 16 Feb 2019 - 16:38
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QUOTE (cp8759 @ Sat, 16 Feb 2019 - 13:14) *
I'm not so optimistic. The letter from 2007 suggests footway parking at this location was under review at the time. I suspect that review was completed many years ago, and if they didn't install any signs allowing footway parking, the outcome of the review must have been that footway parking should not be permitted.



That is true, but what action did the council take to inform that the discretionary practice of not enforcing is to be revoked and why 12 years later



This post has been edited by PASTMYBEST: Sat, 16 Feb 2019 - 16:38


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cp8759
post Sat, 16 Feb 2019 - 19:54
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damien6017 what's the location of the contravention?


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damien6017
post Sat, 16 Feb 2019 - 21:10
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sorry for late respond

2018 https://www.google.com/maps/@51.5514596,-0....6384!8i8192
2012 https://www.google.com/maps/@51.5514887,-0....3312!8i6656
2008 https://www.google.com/maps/@51.55146,-0.36...3312!8i6656

i know letter for cancelling previous tickets form 2007 however council dont make any improvement since. Google street view shows there always been problem
and wet months creating lots of mess

my challenge
I have mitigating circumstances as to where I parked and why. This location is on Ealing Council footway review list. It is the only way to allow larger vehicles and emergency services space as road is not wide enough. I have been aware from previous correspondence that Parking Attendants have been instructed not to issue at this location. Previous issued Penalty Charge Notices have been cancelled. Please also check enclosed photos how other side of road looks, due to not have enough space to drive through.
For this reason, I look forward to receiving notification that the Penalty Charge Notice has been cancelled.

my car was parked two wheels on grass as you can see on picture also i have been parking like that for last 5 years since my neighbour told me about council footpath review but dont know if it is enough to go for formal challenge

This post has been edited by damien6017: Sat, 16 Feb 2019 - 21:15
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cp8759
post Sat, 16 Feb 2019 - 22:50
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The GSV records don't show any verge parking in 2014 or 2018 as far as I can see. Can you get some witness statements from neighbours to support that people habitually park in this way?

By the way, now that you're on notice that the council are enforcing the ban, you can't park like that again.


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damien6017
post Sun, 17 Feb 2019 - 11:07
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Thank you for all advices, looks like there are not reallly chance to get it cancelled also some of my neighbours still parking this way.
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PASTMYBEST
post Sun, 17 Feb 2019 - 11:27
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QUOTE (damien6017 @ Sun, 17 Feb 2019 - 11:07) *
Thank you for all advices, looks like there are not reallly chance to get it cancelled also some of my neighbours still parking this way.



I think you could get this one cancelled, but as CP says you are now on notice that parking on the verge will now be enforced. you would have to risk paying the full amount if an adjudicator decides against you. so the decision must be yours

I rate your chances at better than 50/50 with help from here


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cp8759
post Sun, 17 Feb 2019 - 23:56
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QUOTE (PASTMYBEST @ Sun, 17 Feb 2019 - 11:27) *
QUOTE (damien6017 @ Sun, 17 Feb 2019 - 11:07) *
Thank you for all advices, looks like there are not reallly chance to get it cancelled also some of my neighbours still parking this way.



I think you could get this one cancelled, but as CP says you are now on notice that parking on the verge will now be enforced. you would have to risk paying the full amount if an adjudicator decides against you. so the decision must be yours

I rate your chances at better than 50/50 with help from here

If you can get witness statements from a few neighbours, your chances of getting this PCN cancelled are actually quite good.


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