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Parking - blocking pavement but at end of cul de sac with nowhere to go
Blue52
post Thu, 2 Dec 2021 - 20:43
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Hello all - this is my first post here and wondering if anyone can help.

I live at the end of a cul de sac. At the front/side of my house is a dropped curb and driveway, but in order to park on it the back of the car hangs over the pavement. But the pavement leads nowhere...straight into a brick wall at the end of the road (with the railway line in a cutting behind that).

We had regularly parked our car and visitors cars on this driveway with no problems, as did the previous owner of the house. We bought a Nissan Leaf recently assuming that we would park it there to charge it, and because our old car didn't meet the London ULEZ requirements.

But when we parked it there, we got a ticket. I have appealed it - and got the response that it is parking on a footway and could obstruct pedestrians, wheelchair users, pushchairs etc. But anyone on that bit of pavement could take about 2 steps before they hit a wall at the end of the road. It also says parking could damage paving slabs and underground pipes, but there are certainly no pipes because there is a railway line in a cutting on the other side of the wall, and no more houses.

I have attached some photos. I wondered if anyone could give me any idea on whether I might be successful (I know it can't be guaranteed!) if I appeal via a Notice to Owner form. Obviously it will cost me more if I lose - but it is much more of an obstruction to pedestrians to charge the car with the cable across the pavement than it would be parking the car on the drive! I am pretty sure it is one specific traffic warden who is particularly keen (I've compared traffic warden ID with other parking tickets on the road) but daren't risk a £65 fine every time if that person comes regularly.

Letter from council:
p1 https://imgur.com/a/FLGSCt9
p2 https://imgur.com/7fVyO2Z

Photos of parking space:
https://imgur.com/JSB3nZS
https://imgur.com/Wk7sgjd

Many thanks in advance for anyone who can offer any insight
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post Thu, 2 Dec 2021 - 20:43
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Mr Mustard
post Thu, 2 Dec 2021 - 21:30
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I think that is a contravention. The bins look like they shouldn't be their either. What is the road name please?

Your only hope of winning is that you had a legitimate expectation you would not be ticketed because it hasn't been the subject of PCN issue before but that will only work once, you are now on notice that the council regard your method of parking as improper.

You could also be ticketed during the hours the single yellow are in force.


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Mad Mick V
post Fri, 3 Dec 2021 - 07:57
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+1

Legitimate expectation should get the current PCN cancelled. In other words I have parked this way without any enforcement action being taken and therefore by custom and use I have established a legitimate expectation that I could park in this manner.

Strange that the Council has approved a dropped kerb (vehicle access crossing (VAC)). For a motorbike?

Mick
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Longtime Lurker
post Fri, 3 Dec 2021 - 10:35
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+1 from me too

I'd be tempted to say this is de minimis, as nobody is affected, but that's a very risky approach to take to an adjudicator. The good news is that you have the prefect excuse to trade in the Leaf for one of these: https://www.youtube.com/watch?v=7p5Uym-YdAc

This post has been edited by Longtime Lurker: Fri, 3 Dec 2021 - 10:35
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cp8759
post Fri, 3 Dec 2021 - 22:33
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I'd want to see the location on google street view before supporting a legitimate expectation argument. Mr Chan for example doesn't like it.


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Blue52
post Sat, 4 Dec 2021 - 16:59
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Thanks very much all
Sounds like the consensus is that I'm unlikely to get away with parking there going forward, so I probably should just pay the cheaper fine and not risk paying more.
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cp8759
post Sat, 4 Dec 2021 - 20:46
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QUOTE (Blue52 @ Sat, 4 Dec 2021 - 16:59) *
Thanks very much all
Sounds like the consensus is that I'm unlikely to get away with parking there going forward, so I probably should just pay the cheaper fine and not risk paying more.

The outstanding PCN and future parking are two different matters. As I said, if you give us a link to the location on google streetview we might be able to built up a legitimate expectation appeal.


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