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Southwark Council Parking PCN - Contravention 622, Parking on the pavement because nowhere else to park
Jade
post Wed, 14 Aug 2019 - 16:27
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Contravention 622 - Parked with on or more wheels on or over a footpath or any part of a road other than a carriageway(partly on footway)

I live on a fairly busy residential street with the main high street being a 1 minute walk away. We have parking restrictions which is Monday-Friday 8.30am-6.30pm permit holders only which I have purchased for the past 2 1/2 years. However unfortunately because we are so close to the high street and also a 10 min drive from a Zone 1 station as well as having a church at the top of the road, means we don't usually have space to park because members of the public take up the limited space available. Especially those attending church on Sundays or those going out on Saturday nights (there are pubs/bars minutes walk). During the restricted hours cars without permits have been allowed to park if they put a sign on their car to say they are attending a Funeral. I'm not sure if this is a general rule across London or whether this has been allowed due to the discretion of the council; can anyone advise? I would like to use this in my appeal if possible.

I returned home on Saturday night around 11.30pm to find no parking spaces on the entire road which is about 100-150 meters long, also the surrounding roads were also full. The only options I had was to drive to a nearby area which wasn't permit holders only and actually had space and then walk back home, bearing in mind I would have to drive around as I don't know any other area to park. Or I could park on the pavement so as not to obstruct the road and still ensure my safety. A lot of my neighbors also do this because usually by the morning there are loads of spaces available when people go home after a night out, so we always move the car as soon as there is a space.
Attached are some photos I took the morning the PCN was issued (Sunday morning 7.22am) and as you can see the road has no parking spaces.

I don't know if I really have a legitimate defence as I'm sure the council does not care for my safety or parking issues and will not accept my justification for parking on the pavement. However it does seem extremely unjust for someone who pays £15 per month to park on the road but yet the public (who do not pay for permits) are allowed to take the spaces and leave the residents to incur the fines when there are no spaces left. It should also be noted that residents have been doing this since I moved here almost 3 years ago and I have never witnessed a parking ticket being issued.

This post has been edited by Jade: Wed, 14 Aug 2019 - 16:59
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post Wed, 14 Aug 2019 - 16:27
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stamfordman
post Wed, 14 Aug 2019 - 16:34
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You may have grounds for what we call 'legitimate expectation' but we need to see the PCN, council pics and google street view of location.

Put pics on https://imgbb.com or such like.
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PASTMYBEST
post Wed, 14 Aug 2019 - 16:36
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What you need to do is post the PCN and the council photos


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Jade
post Wed, 14 Aug 2019 - 17:01
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QUOTE (stamfordman @ Wed, 14 Aug 2019 - 17:34) *
You may have grounds for what we call 'legitimate expectation' but we need to see the PCN, council pics and google street view of location.

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


Thanks, I have added the PCN as an attachment but I'm still waiting for the photos of the contravention.
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cp8759
post Wed, 14 Aug 2019 - 17:21
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QUOTE (Jade @ Wed, 14 Aug 2019 - 18:01) *
QUOTE (stamfordman @ Wed, 14 Aug 2019 - 17:34) *
You may have grounds for what we call 'legitimate expectation' but we need to see the PCN, council pics and google street view of location.

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


Thanks, I have added the PCN as an attachment but I'm still waiting for the photos of the contravention.

Waiting from where? The photos should be on the council website.


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No, I am not a lawyer.
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Jade
post Wed, 14 Aug 2019 - 18:15
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QUOTE (cp8759 @ Wed, 14 Aug 2019 - 18:21) *
QUOTE (Jade @ Wed, 14 Aug 2019 - 18:01) *
QUOTE (stamfordman @ Wed, 14 Aug 2019 - 17:34) *
You may have grounds for what we call 'legitimate expectation' but we need to see the PCN, council pics and google street view of location.

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


Thanks, I have added the PCN as an attachment but I'm still waiting for the photos of the contravention.

Waiting from where? The photos should be on the council website.


I submitted a request via their online platform and they said they would email me when they are available which should be within 24 hours
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Incandescent
post Wed, 14 Aug 2019 - 19:44
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You need to tell us where you actually parked, please. Your photos tell us nothing at all, really. Give us a GSV link and tell us your exact position. If you were wholly on the pavement, then you are bang-to-rights as this is London where off-carriageway parking has been banned since the 70s. As other have said, you may have an appeal argument of "legitimate expectation". However this argument is almost always only tested at London Tribunals with the full PCN penalty in play.

This post has been edited by Incandescent: Wed, 14 Aug 2019 - 19:44
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Jade
post Thu, 15 Aug 2019 - 10:14
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QUOTE (Incandescent @ Wed, 14 Aug 2019 - 20:44) *
You need to tell us where you actually parked, please. Your photos tell us nothing at all, really. Give us a GSV link and tell us your exact position. If you were wholly on the pavement, then you are bang-to-rights as this is London where off-carriageway parking has been banned since the 70s. As other have said, you may have an appeal argument of "legitimate expectation". However this argument is almost always only tested at London Tribunals with the full PCN penalty in play.


I have the google maps link below which is where the car was parked. It was mostly on the pavement right next to the wall with two wheels on the road.

https://www.google.co.uk/maps/@51.4828416,-...6384!8i8192
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stamfordman
post Thu, 15 Aug 2019 - 10:42
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If you were on the pavement there I don't think you have any hope with this and discount is best bet.
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PASTMYBEST
post Thu, 15 Aug 2019 - 10:45
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QUOTE (stamfordman @ Thu, 15 Aug 2019 - 11:42) *
If you were on the pavement there I don't think you have any hope with this and discount is best bet.



+1


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cp8759
post Thu, 15 Aug 2019 - 16:40
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QUOTE (PASTMYBEST @ Thu, 15 Aug 2019 - 11:45) *
QUOTE (stamfordman @ Thu, 15 Aug 2019 - 11:42) *
If you were on the pavement there I don't think you have any hope with this and discount is best bet.



+1

+2


--------------------
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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Incandescent
post Thu, 15 Aug 2019 - 19:30
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QUOTE (cp8759 @ Thu, 15 Aug 2019 - 17:40) *
QUOTE (PASTMYBEST @ Thu, 15 Aug 2019 - 11:45) *
QUOTE (stamfordman @ Thu, 15 Aug 2019 - 11:42) *
If you were on the pavement there I don't think you have any hope with this and discount is best bet.



+1

+2

+3 (!!)

OP, whilst you have been walloped for parking off the carriageway, the CEO could have equally issued a PCN for parking on double yellow lines that apply right up to that wall. He didn't, because in London a PCN for parking off-carriageway is almost certain to get the money in, because there are very, very, limited exemptions, whereas double yellows have both a loading and a boarding passengers exemption. Cynically, he preferred the former, because to issue under the latter he would have had to hang around for a bit to see if either of the exempt activities were in progress. However he could have issued based on either and you would have been bang-to-rights.
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