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intex310
Hi All!

Another PCN with contravention 622 hounslow.

I was visiting a friend and they had designated parking bay but it was all occupied. Since it was a controlled zone and had double yellow lines and single on the other, I thought could park on the side with single lines as were vehicles in the bay. I know its illegal in London but since the cars parked on bay are allowed with two wheels on pavement I had assumed it to be fine for me to do the same.

Request all moderators for advice please.

https://imgur.com/a/F5V8ZFa
peterguk
Need to see rear of PCN, CEO photos and a GSV of where you parked.
intex310
All the pics are available in council's website!
peterguk
QUOTE (intex310 @ Tue, 12 Feb 2019 - 21:05) *
All the pics are available in council's website!


So post copies here! rolleyes.gif
Slapdash
Yes, but if you post and link them it makes it a lot easier for folk to try and help. Path of least resistance.
intex310
https://imgur.com/a/F5V8ZFa

https://hounslow.tarantoportal.com/PCN/ViewImages

Hope this works!

Location is cromwell street hounslow!
peterguk
QUOTE (intex310 @ Tue, 12 Feb 2019 - 21:21) *
Location is cromwell street hounslow!


Find the location on Google Street View and post a link here. Where you parked in relation to pavement parking signs could be crucial.
intex310
QUOTE (peterguk @ Tue, 12 Feb 2019 - 21:24) *
QUOTE (intex310 @ Tue, 12 Feb 2019 - 21:21) *
Location is cromwell street hounslow!


Find the location on Google Street View and post a link here. Where you parked in relation to pavement parking signs could be crucial.



https://www.instantstreetview.com/@51.46641...51.2h,-3.24p,1z
cp8759
So here: https://www.google.co.uk/maps/@51.4660148,-...6384!8i8192

The bays on Grove Road have pavement parking signs, the ones on Cromwell street don't, also no signs say "in marked bays only". There's a good case to be made but we need the council pics.
intex310
The link for council's pic:

https://hounslow.tarantoportal.com/PCN/ViewImages

Thanks guys!
cp8759
QUOTE (intex310 @ Tue, 12 Feb 2019 - 21:51) *
The link for council's pic:

https://hounslow.tarantoportal.com/PCN/ViewImages

Thanks guys!

Clearly not:



Maybe just make things easier for us and post the pictures on here.
intex310
The pics!
cp8759
Looks like here: https://www.google.co.uk/maps/@51.4663431,-...6384!8i8192

You can use the same grounds outlined here: http://forums.pepipoo.com/index.php?showtopic=125860

Post a draft before submitting it.
intex310
I make the following representation in relation to PCN XXXXXXX

Although footway parking is banned throughout London, a highways authority has a power to lift the ban and permit footway parking. This has been done in Old Rectory Gardens by inference of the Council. The highways authority has provided parking bays along the length of Old Rectory Gardens which indicate that vehicles are permitted to park partially on the footpath; where the intention is that motorists may only park with two wheels on the footpath within marked bays. This is normally conveyed by signs conforming to diagram 667.1 in conjunction with the text "in marked bays". There is no signage present which conforms to diagram 667.1 and reads “in marked bays”. All that is conveyed to motorists is that the footway parking ban has been lifted from Old Rectory Gardens and as a result, the alleged contravention did not occur. If you do not agree, please provide a copy of the resolution passed under section 15(4) of the Greater London Council (General Powers) Act 1974 showing the exact extent of the footway parking exemption.

Furthermore, I was parked on the kerb, a strengthened area of footway and regular paving slabs which is evidenced in the Council’s photographs provided. The whole length of the road comprises a strengthened footway part of which is unrestricted and part restricted. The unrestricted parts have markings which span the carriageway and footway, apparently indicating areas where cars with residence permit may park at all times with 2 wheels on the footway. Absence of the sign with restriction for pavement parking does not mean it is restricted whereas partial bay parking along the same stretch of the road in Cromwell Street pavement is allowed for.
Given the uniformity of footway construction, and as earlier stated that the highways authority has power to lift the footway parking ban, footway parking may be permitted on strengthened parts of the footway to allow cars to pass freely along without restriction. Old Rectory Gardens is a narrow road and cars are permitted to park part-way on the strengthened part of the footway for this reason. There has been no obstruction or contravention. There was a single yellow line where parking is permitted outside of restricted times and did not apply in this situation. If the Council argues that parking on the footway is only permissible within the marked areas, then they must produce evidence in the form of photos of the required traffic signs and a council resolution giving effect to the same. Absent these, then the Council's policy, if indeed it is a published policy as opposed to an ad hoc enforcement practice, cannot support the issuing of my PCN which must be cancelled.
cp8759
You need to replace reference to Old Rectory Gardens with references to thee road where you were actually parked. Copy / pasting without reading the whole thing properly is very dangerous.
intex310
Thank you guys for helping me out. Here's my draft ........

I make the following representation in relation to PCN XXXXXXX

Although footway parking is banned throughout London, a highways authority has a power to lift the ban and permit footway parking. This has been done in Cromwell Street by inference of the Council. The highways authority has provided parking bays along the length of Cromwell Street which indicate that vehicles are permitted to park partially on the footpath; where the intention is that motorists may only park with two wheels on the footpath within marked bays. This is normally conveyed by signs conforming to diagram on Grove Road in conjunction with the text "in marked bays". There is no signage present which conforms to Grove Raod and reads “in marked bays” only. All that is conveyed to motorists is that the footway parking ban has been lifted from Cromwell Street and as a result, the alleged contravention did not occur. If you do not agree, please provide a copy of the resolution passed under section 15(4) of the Greater London Council (General Powers) Act 1974 showing the exact extent of the footway parking exemption.

Furthermore, I was parked on the kerb, a strengthened area of footway and regular paving slabs which is evidenced in the Council’s photographs provided. The whole length of the road comprises a strengthened footway part of which is unrestricted and part restricted. The unrestricted parts have markings which span the carriageway and footway, apparently indicating areas where cars with residence permit may park at all times with 2 wheels on the footway. Absence of the sign with restriction for pavement parking does not mean it is restricted whereas partial bay parking along the same stretch of the road in Cromwell Street pavement is allowed for.

Given the uniformity of footway construction, and as earlier stated that the highways authority has power to lift the footway parking ban, footway parking may be permitted on strengthened parts of the footway to allow cars to pass freely along without restriction. Cromwell Street is a narrow road and cars are permitted to park part-way on the strengthened part of the footway for this reason. There has been no obstruction or contravention. There was a single yellow line where parking is permitted outside of restricted times and did not apply in this situation. If the Council argues that parking on the footway is only permissible within the marked areas, then they must produce evidence in the form of photos of the required traffic signs and a council resolution giving effect to the same. Absent these, then the Council's policy, if indeed it is a published policy as opposed to an ad hoc enforcement practice, cannot support the issuing of my PCN which must be cancelled.

https://imgur.com/a/yHFFGFS



cp8759
Seems good, send it off and let's see what they say.
intex310
Thank you!

Didn't get any reference number or confirmation of submission using their portal. Waiting is only option if they replied in my email.
intex310
Dear All,

Thank you very much once again in a successful appeal!

All they had to say was due to technical grounds, they have decided to cancel the PCN.

Best!
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