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johnthebaptist
Hi All, hope I can get some help here!
Received a pcn from Barking and Dagenham council for the following contravention: Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway.
I was parked exactly the same as all the other vehicles behind me, the only difference being that the front of my van was over the double yellow line in the road but I was fully on the pavement.
Is this an enforceable offence?
Any help would be appreciated.
Do I post images of the pcn and vehicle in here? Is that allowed?

Thanks all.
stamfordman
Post PCN, council and your pics, and show google street view location.

use a pic site such imgur to host pics
johnthebaptist
Thanks mate
https://imgur.com/a/IxiUiKt
PASTMYBEST
Parking on the footpath is banned throughout London. The council can disapply this ban, and put up signs to allow it. In this case it appears that they have decided merely not to enforce.

i would think that the CEO has decided to enforce against your van because of the yellow lines, but if that's the case they should have used the correct contravention.

as it stands i would appeal that you have been given a legitimate expectation that you can park as you have do to it being something that has been done for the past 10 years or more with no enforcement

https://www.google.co.uk/maps/@51.5370126,0...3312!8i6656
cp8759
Personally I would not risk the discount on this one, that's not to say it's not worth making an informal challenge but I wouldn't take it further if they reject.
johnthebaptist
response from the council rejecting it, but do these yellow lines pictured even count as enforceable?
Thanks
https://imgur.com/a/60bxlnC
Mad Mick V
Like cp8759 I wouldn't risk the discount because the yellow lines will not endear you to an adjudicator.

That said the Council obviously allows footway parking either by resolution or default so a Code 62 "Parked with one or more wheels on or over a footpath or any part of a road other than a carriageway" looks awry. If they then try to justify themselves by reference to the yellow lines that's perverse. The CEO should have served the PCN with a Code 01 "Parked in a restricted street during prescribed hours" which relates to yellow lines. Ergo the wrong contravention has been given IMO.

Look up Wednesbury Unreasonableness as to the Council's actions--everyone else in the street is permitted to park on the pavement but you are not!

Mick
DastardlyDick
It might also be useful to get hold of a copy of the resolution if only so you know for the future.
When/if you get this one cancelled, don't park like that again - they may not make the same mistake twice!
cp8759
QUOTE (DastardlyDick @ Tue, 7 Aug 2018 - 17:22) *
It might also be useful to get hold of a copy of the resolution if only so you know for the future.
When/if you get this one cancelled, don't park like that again - they may not make the same mistake twice!

I doubt there's a resolution, there's no indication that the footway parking ban has been lifted.
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