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Full Version: 1st PCN - (62) Footway parking offence - LB Hounslow
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Stumbles
I came out of my house 29/12/2008 to find a PCN for footway parking for the afternoon of 28/12/2008. I do not dispute that I was parked on the pavement but I have done so on and off for the 15 years that I have lived here. To my knowledge there has been no enforcement for this offence since I have lived here. The road is quite narrow and there has always been a common sense approach with cars on one side parking in the road and cars on the other side parking with 2 wheels on the pavement to allow passage of other vehicles. If vehicles on both sides of the road parked legally, on the road, then the road would be impassable to other motorists. Can any one provide any guidance as to whether I have grounds to appeal experience of this type of situation? The PCN appears to be correct as far as I can gather from looking at this and other sites.

Grateful for any advice
dave-o
Is this in London?
Stumbles
Apologies - It is in London. London Borough of Hounslow.
dave-o
Ouch. It's a hard one to appeal. As there are no signs or lines and TROs are not an issue, all we have to work with is paperwork errors. Even though you think the paperwork is OK i would suggest you post it up, as it may be your only hope. If we can find an error then you can appeal on that, and on your mitigating circumstances (not enforced in the past) and hopefully they will use the mitigating circs as a backdoor to cancel it.
Stumbles



First time I've uploaded an image so hopefully this should be the image of my ticket.
Thanks

dave-o
Hmm, i'm afraid you may have to pay this one.

Wait for some responses from other members, but i'm not sure there's a way out.

You can try appealing on mitigating circumstances, but it's unlikely to work.
Stumbles
Thanks for the quick response. I'll wait to see if anyone else has some views. I'll probably appeal with the mitigation but I was hoping that others may have been able to some better points on which to appeal.
Glacier2
In the absence of defective paperwork, you really have very little to go on. I think you are going to have to pay this one.
Anorak
It may be worthwhile requesting a copy of the CEO's log book entry for your vehicle to see if they made any entry errors such as location,VRM, time..etc. CEO's are often lazy at what they record and it is at least an avenue you can explore. Also ask for any photographs that were taken.
Stumbles
Thanks Anorak - I presume that I will have to appeal and ask for these documents either at the same time or in parallel as I can't see the providing them (supposing that they are willing to provide them) before the 14 day period expires.
Anorak
QUOTE (Stumbles @ Tue, 30 Dec 2008 - 23:04) *
Thanks Anorak - I presume that I will have to appeal and ask for these documents either at the same time or in parallel as I can't see the providing them (supposing that they are willing to provide them) before the 14 day period expires.


I'd phone Parking and demand to speak to the Head/Manager and see if they can speed things along or at least put your case on hold until the documents are posted. It's worth a try. Most likely scenario is that they will reject any informal challenge (they usually do just to wear you down) but if you prepare well, come the NtO rep you will have a much stronger case and that will help to weaken their resolve.
jufair
If this incident was on a road in a parking bay, go get some pics of that bay, complete with both end markings, a full view down the outside of the bay and what if anything is painted on the floor.
Picture of signs on poles and distance between to poles if its a long bay.
Do not give up that easy as all councils play fast and loose with signs and lines, so you may be lucky on this one, it might even be as bad as St Andrews, Edingburgh, Cromer, Liverpool by the Liver building, or even Barnsley.
Just to make the point that before you throw the towel in challenge anything to do with the PCN.
You never know your luck in a lottery.
southpaw82
QUOTE (jufair @ Tue, 30 Dec 2008 - 23:25) *
If this incident was on a road in a parking bay, go get some pics of that bay, complete with both end markings, a full view down the outside of the bay and what if anything is painted on the floor.
Picture of signs on poles and distance between to poles if its a long bay.
Do not give up that easy as all councils play fast and loose with signs and lines, so you may be lucky on this one, it might even be as bad as St Andrews, Edingburgh, Cromer, Liverpool by the Liver building, or even Barnsley.
Just to make the point that before you throw the towel in challenge anything to do with the PCN.
You never know your luck in a lottery.


For God's sake, he clearly says it was for parking on the footpath, as does the PCN. I know you're on some sort of crusade re defective parking bays but at least read the thread before posting your rant.

Personally, I'm not sure there's much mileage even in getting the CEO's notes and photos. The location is (presumably, as the OP has not questioned it) correct on the PCN as is the contravention. One could put the council to proof but in the absence of being able to say "it never happened" (because thet would be a lie) I think the adjudicator would come down on their side. I rather do think you're going to have to pay this one.
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