Hillingdon - Contravention : 62, Parking on a dropped kerb? Options

[hillingdonpcn62]

hi,

My uncle came over tonight, and he parked his car on our dropped kerb. There are loads of cars up and down the road that have 2 wheels on the pavement and have parked their cars without issue.

I've attached some pictures of the alleged contravention, and a copy of the parking ticket, which states one or more wheels on the footpath, but all the cars on the road have parked this way?

Is there a chance of appealing and succeeding here?

Thanks for all that contribute!

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[stamfordman]

Let's see Google Street View location and council pics. pavement parking banned in London expect where there is specific signed allowance. We also have the concept of 'legitimate expectation' if council allowing it for years.


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

[hillingdonpcn62]

Google View Street Location

https://www.google.co.uk/maps/place/27+Camd...33;4d-0.3930492

Council PICS

https://ibb.co/qmtq2kD
https://ibb.co/jkHJmpP
https://ibb.co/FXV5nGb
https://ibb.co/mFc46xb
https://ibb.co/LS8FK9K
https://ibb.co/G3178kb
https://ibb.co/2c8LFkY

[stamfordman]

From a quick look there seems to be legitimate expectation from GSV but maybe your car was blocking too much of the pavement:




This post has been edited by stamfordman: Sat, 15 Dec 2018 - 21:11

[cp8759]

Post the back of the PCN in full, we need to see the small print.

[hillingdonpcn62]

here is the back of the pcn guys ...

https://ibb.co/VY4f8jH

[hcandersen]

I don't see that the driver could have had a legitimate expectation base on their own experience in this case because they were a visitor. OP, did you tell them they could park there perhaps? Or maybe they'd visited before in the same circumstances without issue?

Motorists clearly park with 2 wheels up. You need to discover the council's approach to this by asking the question in any challenge. In fact, I would start with this as a premis.

As can be seen in the attached GSV ( and any other photos you might care to take - maybe spaced a few hours apart of the same cars, hopefully without PCNs), parking on the footway is tolerated by the council. I was advised by ***, the resident of ****, that this was permissible. However, a PCN was issued nonetheless.
I accept that the car was parked as described, however there is a clear precedent for this in the road and therefore my challenge is based not on whether my car was parked on the footway but that I had a legitimate expectation that this was permitted.
If the authority reject this challenge then they must explain why parking on the footway is accepted by them in this road and why they have chosen to not permit this in my case. Perhaps I breached some unwritten limits which are applied or similar?

[DancingDad]

I suspect that the CEO took pictures of both sides of the car is telling.
And that council will say "too far onto footway" for CEO or us to exercise discretion.
But ask the question as outlined by HCA and see what comes back, they may (hopefully) muck up the answer.


A comment but one that may have bearing in further challenges or if it got to adjudication.
Outside London where there is no ban on footway parking, the sort of parking that streetview shows in this street is common (I only have to look at my road)
Police, if they take any action, work on a general guide that there must be enough room for people to walk past, room for a child buggy or a wheelchair... 30" in old money, say 90cm, though this does vary, some want a double buggy clearance. Less then that and they can easily show unnecessary obstruction or dangerous parking.

[hillingdonpcn62]

Well we live there, and my uncle has been popping over for the last 20 years without issue?? For the last 10 years or so we’ve even had large white vans parking down our road blocking residents light into their rooms but nobodies ever complained.

Lastly it was a dropped kerb, so he was only blocking our car and nobody elses.

Up and down this road, people have parked their cars with at least 2 wheels ontop of the pavement for countless years.

In terms of blocking a pushchair or pedestrians, there was sufficient place for then to walk around, since we dont have a wall on our driveway, pedestrians can easily walk around the car partially onto our driveway and back onto the pavement again?

[stamfordman]

In terms of blocking a pushchair or pedestrians, there was sufficient place for then to walk around, since we dont have a wall on our driveway, pedestrians can easily walk around the car partially onto our driveway and back onto the pavement again?

As we've noted, this isn't really good enough and probably why the PCN was issued - you shouldn't have to walk into someone's private property to negotiate the public footway. When you challenge it will be made clear, if the council replies properly.

[hillingdonpcn62]

fair enough, i will make the appeal and see what they say....

[hillingdonpcn62]

Thank you to everyone who provided me valuable advice.... I have put in an appeal using the following (lets await their reply!);

I would like to appeal on the following grounds;

1.) The disabled driver has been a frequent visitor to this address (27 Camden Avenue) for almost 20 years, and based on their experience parking outside this house for this time in the same manner, there was a legitimate expectation for this not to be an issue.

2.) Motorists up an down this road, and adjoining roads have all parked with a minimum of 2 wheels on the pavement to allow passing traffic, so there was again an expectation for this to be acceptable.

3.) The motorist was given explicit permission to park outside this driveway by the owner of 27 Camden Avenue and therefore was not blocking their access.

4.) There was clear space available - approximately 100cm pavement space for pedestrians to pass by the vehicle safely without undue obstruction

5.) It was reasonable for this disabled driver to park in this manner outside 27 Camden Avenue because they would have found it difficult to exit the vehicle safely otherwise.

6.) A disabled driver living at 31 Camden Avenue has been parking their vehicle in exactly the same manner for over 20 years with 4 wheels on the pavement has been tolerated by the council for over 20 years so it was also reasonably assumed by this frequent disabled visitor for this manner of parking to be acceptable.

7.) I accept that the car was parked as described, however there is a clear precedent for this in the road and therefore my challenge is based not on whether my car was parked on the foot way but that I had a legitimate expectation that this was permitted.

[DancingDad]

Must admit I am struggling to believe 100cm but let them come back and refute. You can use the CEO photos to get a comparable measurement to confirm.
If it becomes a point of argument, will be needed.

If using disability, include a copy of Blue Badge if driver has one.