Help - Search - Members - Calendar
Full Version: Contravention Code: 62
FightBack Forums > Queries > Council Tickets & Clamping and Decriminalised Notices
a1cars


Hi,

A friend of mine got this fine, it seems that many vehicles parked there without a problem, but a ticket was issued, there is no sign or road marking and wondering if this can be appealed. Thanks.

PS. tinypic isn't hosing images, so I am using a different site with a link.

https://ibb.co/3yKntN1
https://ibb.co/3SXvH5V
https://ibb.co/dGRFZCq

https://ibb.co/tQ4cSPf
Incandescent
Did the other vehicles get PCNs ? Parking off the carriageway has been an offence in London since the 70s, so from your photos you seem to be totally bang-to-rights, but parking like you did seems to be very common there.

Please provide a GSV link, because there seems to be more than one street called 'The Crossway'
a1cars
Thanks, it's here:

https://www.google.com/maps/place/The+Cross...33;4d-0.0954487


Also many, if not all the cars were parked, no tickets.

Also from google map you can see it, many cars parked without a permit, no marking...etc
cp8759
A clear case of legitimate expectation IMO, every time the google car passed by there just happened to be loads of cars parked on the pavement with no PCNs. As this situation has endured for at least 11 years the council cannot resume enforcement without warning.

Let's see the council pictures, they may help.
hcandersen
This is not legitimate expectation on the part of the driver. How could it be, we have NO evidence that they've even parked here before. And LE of what, that the London-wide prohibition has been disapplied here or that it applies but is not enforced. And the driver's accumulated evidence in support of this belief is????

LE could only apply when a motorist parks and not, as here, when they return.

So OP, before the driver embarks on a course of reps which WOULD, barring some procedural meltdown by the authority or the owner bailing out with the discount later, end at adjudication, let's be realistic and provide more info.

Who is the registered keeper of the vehicle and are their DVLA details correct?
PASTMYBEST
If I was to see the markings on the footpath I would have a legitimate expectation I could park there

https://www.google.com/maps/place/The+Cross...33;4d-0.0954487
a1cars
QUOTE (hcandersen @ Thu, 28 Nov 2019 - 08:41) *
This is not legitimate expectation on the part of the driver. How could it be, we have NO evidence that they've even parked here before. And LE of what, that the London-wide prohibition has been disapplied here or that it applies but is not enforced. And the driver's accumulated evidence in support of this belief is????

LE could only apply when a motorist parks and not, as here, when they return.

So OP, before the driver embarks on a course of reps which WOULD, barring some procedural meltdown by the authority or the owner bailing out with the discount later, end at adjudication, let's be realistic and provide more info.

Who is the registered keeper of the vehicle and are their DVLA details correct?



This is a legitimate case, the registered keeper is the one driving the car, going to the market on Sunday, then noticed a ticket, no one else, matter in fact I go there occasionally and park, never got a ticket.

So what would be the ground for appeal, if there is one.

Judging by the old banger he has, £65 can cause a dent into his weekly expenses.
PASTMYBEST
look at the gsv I posted, that sure looks like a bay so parking on the pavement is permissible

Don't send anything without posting a draft here first
a1cars
I don't know from where to start.

So the ground would be ...? the contravention didn't occur ?
PASTMYBEST
QUOTE (a1cars @ Thu, 28 Nov 2019 - 14:32) *
I don't know from where to start.

So the ground would be ...? the contravention didn't occur ?


Dear my parking

I have parked t this location and in the same manner on numerous occation, cars are always parked on the footway and have been for a number of years, never before has a PCN been issued.

Upon receipt of this one I did some research, I note that there is a clear bay marking on the pavement at the beginning of the street. Both the continued parking over a period of years and the marking cause me to believe that parking in this manner at this location is permissible and the PCN being issued in error should be cancelled
a1cars
You sound like a story teller, reminds me of gran ma.

Out of curiosity where is the legal bit ?
PASTMYBEST
QUOTE (a1cars @ Thu, 28 Nov 2019 - 14:46) *
You sound like a story teller, reminds me of gran ma.

Out of curiosity where is the legal bit ?



Don't need or want a legal bit yet that can come later depending on the response All you need to do is make the point that parking like that is the norm and that there is or was earlier this year a bay, then if they reject let them mess up in doing so
stamfordman
There is are footway parking signs about - although I wouldn't like to park in that hedge in the second link

https://www.google.com/maps/place/The+Cross...33;4d-0.0954487

https://www.google.com/maps/place/The+Cross...33;4d-0.0954487
hcandersen
OP posted:
there is no sign or road marking ...

And GSV shows that on the stretch of footway where the evidence shows the car was parked there are no markings.

And the evidence photos show no markings.

And there are markings in front and behind.

Do not risk the discount.
PASTMYBEST
QUOTE (hcandersen @ Fri, 29 Nov 2019 - 07:31) *
OP posted:
there is no sign or road marking ...

And GSV shows that on the stretch of footway where the evidence shows the car was parked there are no markings.

And the evidence photos show no markings.

And there are markings in front and behind.

Do not risk the discount.


evidence shows signs although not correct it also shows bay markings at both ends of the stretch the OP was parked. I would risk the discount. Many have been won in these situations ( incorrect badly placed signs misleading markings and lastly on the resolution)
hcandersen
And where are the markings in the evidence photos which, the OP states, were not present??

And so does GSV.

There is a clear gap in markings by a dropped footway.

I suggest we first nail the issue of whether the vehicle was parked within an area marked on the footway and provide evidence in support.

OP, refer your friend to GSV and the photos. Ask them: were you parked within markings or not?
PASTMYBEST
Op have you sent anything to the council as yet?
cp8759
QUOTE (hcandersen @ Fri, 29 Nov 2019 - 13:20) *
There is a clear gap in markings by a dropped footway.

It hardly matters. If footway parking is permitted on the road, it is permitted everywhere unless there's a footway parking sign that specified "in marked bays only".

I know we often disagree but frankly this looks like one of the easiest to win scenarios, it would be mad to pay the discount.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2024 Invision Power Services, Inc.