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Sarah_B
Hi guys,

Am after some advice please...

My husband received a PCN from the LA today for contravention 62 (one or more wheels on or over a footpath). Admittedly, he had parked on the pavement but it is on a road that parking on the road would cause an obstruction to traffic. So I have done some research on this particular road and it would seem that a consultation was started last year with residents to determine whether or not this road should be exempt from the pavement parking rules. This is taken from the LA website:

Residents have parked partly on the pavement and partly on the road for many years.

However, recently we have had to take action in response to complaints received from pedestrians at being obstructed by vehicles parked on the pavement. Parking on the pavement is an enforceable offence, but we also recognise that parking in this manner is necessary in many roads to ensure that vehicles can pass without their access being obstructed or parked vehicles being damaged. In November 2010 we consulted to see if pavement parking can be permitted in the Gould Road area in Bedfont. Two criteria agreed by the council’s executive are that:

■a minimum pavement width of 1.5 metres should be kept clear for pedestrians

■the pavement should not result in damage if vehicles are permitted to park on them

The next stage is to mark parking areas and put up signs.

The information provided will be used to finalise our designs and the outcome of this consultation will be reported to the West Area Committee where we will seek approval to proceed with the implementation process.

By their own admission, it is necessary to park on the pavement in this road!! The outcome of the consultation was determined 28th July (after the contravention but a day before the issue of the PCN) which recommends that this road is in fact exempted from the pavement parking rules. At the time of the incident, all other vehicles on this road were also parked on the pavement (I assume mostly residents as it is a residential area).

We were fully resigned to paying it (as much as it pains me!!) so if we have to, we have to, but does anyone think he would have any grounds for appeal?

Thanks if you got this far rolleyes.gif
Bagshot
As usual, post up all sides of all paperwork.
Sarah_B
Haven't got a scanner so can't post the PCN (have had a read of previous posts and it all seems in order) but have uploaded the LA consultation paperwork and notes.

Thanks
Chaseman
This is surely a case for a mitigation appeal i.e. we might have technically been in the wrong but there are good reasons why we shouldn't be fined. In this case the council has not only accepted that footway parking has gone on for years and for good reason bu thas now regualrised it such that it is allowed.

What I am not clear about is the dates. You say that the contravention occurred just before the consultation exercise was determined in favour of allowing the footway parking, but the PCN was issued after? Was the PCN not placed on the car at the time? Was it a camera generated ticket? Either way, if you are still within the 14 day discount period I would send in an informal challenge pointing out that what was theoretically illegal on Day N was then ruled permissible on day N+3 (or whatever it was) and that the consultation which accepted that it was common practice and sensible to park partly on the footway. had itself been going on for a year or so. In the circumstances it would be fair and reasonable to drop the fine. Ask for the discount period to be placed on hold pending their reply.

If the council does NOT drop it then you have a choice to make whether to pay at the discounted rate or risk a formal appeal against NTO at the "full" rate. Unfortunately a council that turns you down on mitigation grounds at the informal stage is unlikely to reverse its view at the formal stage. And PATAS (the adjudication service) can't force a council to exercise discretion on mitigation.
Sarah_B
Thanks Chaseman,

Sorry, should have said this was a postal PCN from CCTV enforcement. The offence occurred 23rd, the consultation results were decided 28th, the ticket was issued 29th...

It's just ridiculous that they accept it is common practice to park on the pavement, to not do so would impede the flow of traffic, yet they are issuing fines via CCTV recordings when you do angry.gif
Bogsy
You need to assert that due to the councils lack of previous enforcement you had a "legitimate expectation" that parking as you did was acceptable. Tell the council that should your appeal be rejected then you will go to adjudication as your circumstances are similar to PATAS case 2110055104 where the appellant won on appeal. Send the council a copy by inputting the case number in the search field.

http://www.patasregistersofappeals.org.uk/...egAdvanced.aspx
Bagshot
Did they come past with a camera car and do the whole area in a quick revenue binge the day or so before it all became legal?

Any idea how many PCNs that camera car issued that day? Did you neighbours get one?

It may be legal but it smells pretty bad from where I am.
hcandersen
I know the point that's being made, but it might or might not become legal, there's still some way to go i.e. formal decision making; making of traffic order and subsequent publication and consultation etc.

Qu. Were you parked within the parameters that comprise the criteria as the council's proposals are not a carte blanche to park anywhere and in any position on the footway.


HCA
Sarah_B
It was a fixed camera that was originally installed to monitor anti-social behaviour. It didn't take long for the LA to cotton on to how much revenue they could generate from them and they, very quietly, announced that they would now be used for this purpose. Obviously, residents were in uproar about it when the tickets started arriving and they had to switch the cameras off temporarily until they had installed proper signage etc. This was in June last year. Every car down this road is parked on the pavement and I don't believe for one second that they issue tickets to all of them so I'm not sure how it works...

I will take a look at the PATAS case you referred to.

Thanks for all the advice

Hi HCA,

Are you referring to the distance left on the pavement etc? If so, absolutely. The CCTV still clearly shows sufficient room for wheelchairs/pushchairs. We weren't blocking any access points or causing obstruction to anyone. As I understand the outcome of the consultation, the council has agreed that pavement parking will be permitted and the next stage now will be to erect signs etc. In the meantime, however, all of the cars parked down this road continue to park on the pavement on a daily basis.
Bagshot
Doesn't a camera used for parking enforcement have to be an, "approved device?"

I doubt that something put up for something else originally is likely to fit the bill.

Also, I believe that CCTV parking enforcement should only be carried out where other ways to enforce would be "difficult."
Sarah_B
Bogsy, the PATAS case you have referred to is the same council that has issued my husband's PCN, so at least I know it's not just us!

Bagshot, following the suspension of the cameras and the negative attention that the LA received in the press, I believe that they have now covered their backs legally. I know they also have CEOs patrolling on occasion, so not sure how that works in conjunction with the CCTV??
bama
QUOTE (Bagshot @ Sun, 31 Jul 2011 - 17:29) *
Doesn't a camera used for parking enforcement have to be an, "approved device?"

I doubt that something put up for something else originally is likely to fit the bill.

Also, I believe that CCTV parking enforcement should only be carried out where other ways to enforce would be "difficult."


http://assets.dft.gov.uk/publications/civi...ved-devices.pdf
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