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#Post#: 1581--------------------------------------------------
PCN Bromley, code 62 parked with wheels on a footpath, Elmstead
Lane
DIR By: BlueDog8
Date: July 19, 2023, 5:17 pm
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Hi,
Any help with this PCN would be much appreciated. I was given
this around 10am on Tuesday 18th July 2023.
I was parked outside my house on a cycle lane.
I parked there as parking in the road would have impeded traffic
(although there are no yellow lines or parking restrictions).
The night before, I briefly searched on google to see if parking
in a cycle lane was illegal. My brief search implied it was not.
However, I was given a code 62: parked with one or more wheels
on or over a footpath or any part of a road other than a
carriageway.
I wasn't aware of the rules about parking with wheels on the
kerb were specific to London.
It should be noted that (moving from the road to my front
garden) there is the road (with no parking restrictions), then
the raised pavement with the cycle lane outside my house (where
my car was parked, between, but not over my neighbours
crossovers), then a grass verge, then a footpath, then my front
garden.
PCN photos below (front and back):
PCN Front
HTML https://www.flickr.com/photos/198770538@N04/53056253060/in/dateposted-public
PCN Back
HTML https://www.flickr.com/photos/198770538@N04/53056253065/in/dateposted-public
photos taken by parking warden:
warden photo 1
HTML https://www.flickr.com/photos/198770538@N04/53055287192/in/dateposted-public
warden photo 2
HTML https://www.flickr.com/photos/198770538@N04/53056251960/in/dateposted-public
warden photo 3
HTML https://www.flickr.com/photos/198770538@N04/53055878156/in/dateposted-public
warden photo 4
HTML https://www.flickr.com/photos/198770538@N04/53056251950/in/dateposted-public
google street view location:
HTML https://www.google.com/maps/@51.4257764,0.0...i8192?entry=ttu
HTML https://www.google.com/maps/@51.4257764,0.0525445,3a,75y,166.03h,84.87t/data=!3m7!1e1!3m5!1siZbmxuV1Ro7sp1GdnkzQLg!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DiZbmxuV1Ro7sp1GdnkzQLg%26cb_client%3Dsearch.revgeo_and_fetch.gps%26w%3D96%26h%3D64%26yaw%3D205.61829%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?entry=ttu
Thanks very much for your help in advance
#Post#: 1588--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: fraser.mitchell
Date: July 19, 2023, 6:57 pm
---------------------------------------------------------
You will have seen my response on Pepipoo. Reason for this new
forum is not empire building, (heaven forbid !!), but the
problem with the Pepipoo site and its management. A recent
lengthy outage revealed this, so this new site is an attempt to
get round the problem. Sorry the name is not as memorable as
Pepipoo !
I can't see any viable appeal argument, and I have to say I'm
very surprised, as a London area resident, you weren't aware of
the London-wide ban on off-carriageway parking. Whilst you are,
IMHO, bang-to-rights, please post-up the PCN, all sides, so we
can inspect it for possible fatal errors, as these have won at
adjudications in the past.
#Post#: 1590--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: July 19, 2023, 7:25 pm
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Hi,
Thanks for you help.
The front and back of the PCN are the first two links in the
original post.
Cheers
#Post#: 1636--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: ivanleo
Date: July 20, 2023, 3:52 pm
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Photos:
HTML https://i.imgur.com/f1GOy0J.jpg
HTML https://i.imgur.com/EnRr9pq.jpg
HTML https://i.imgur.com/iqVVeSj.jpg
The contravention is "Parked with one or more wheels on or over
a footpath or any part of a road other than a carriageway", the
car is plainly not parked on the footpath.
I would suggest a cycle lane or track is by definition a
carriageway, because cycles are (just like cars) simply a
particular type of carriage. There is a contravention code 49 -
Parked wholly or partly on a cycle track or lane, but that is
not what the PCN alleged and it's too late for them to change it
now.
Subject to the views of others, this is the argument I would
pursue.
#Post#: 1820--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: July 23, 2023, 6:21 pm
---------------------------------------------------------
Thanks very much for your advice, cp8759.
I've just submitted my appeal (online) as the following:
"Dear sir or madam,
The alleged contravention is "Parked with one or more wheels on
or over a footpath or any part of a road other than a
carriageway".
As can be seen by the parking warden's photos, the car is
plainly not parked on the footpath.
A cycle lane or track is by definition a carriageway, because
cycles are (just like cars) simply a particular type of
carriage.
Please cancel the PCN as it has been issued incorrectly.
Kind regards,
Thomas Maxwell-Aylwin"
I've also attached a couple of files. A PDF of the URL (text) of
the google maps location I had on this post and an annotated
picture (screenshot) of the location (attached to this post).
I'll let you know of any developments.
Thanks again for your help,
Thomas
[attachment deleted by admin]
#Post#: 1846--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: guest17
Date: July 24, 2023, 9:40 am
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Nope!
HTML https://goo.gl/maps/ypCTFLrMVaRYwfsE8
It's a footway where cyclists may ride.
Can cars motor along a footway? No, they can't because it's not
a carriageway! If they could the contravention would have been a
Code 49 "Parked wholly or partly on a cycle track or lane".
Besides which it does not look like either a mandatory cycle
lane nor an advisory one.
The only defence I can think of is that the cycle signs on the
footway were confusing and misleading giving the impression that
it was safe to park since a cycle lane is normally a
carriageway. Therefore the Council falls foul of Reg 18 LATOR
1996 by placing inadequate signage.
Mick
#Post#: 1882--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: ivanleo
Date: July 24, 2023, 1:48 pm
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--- Quote from: MMV Redux link ---
>
> Can cars motor along a footway? No, they can't because it's
not a carriageway!
>
--- End Quote ---
Yes it is, it might be a carriageway where motorised carriages
are not permitted but that doesn't mean it's not a carriageway
at all.
People seem to forget but bicycles, unicycles, horse-drawn
carriages, cars, scooters, mopeds, HGVs, all are "carriages" for
the purposes of the Highways Act.
LATOR does not apply to the Greater London Council (General
Powers) Act 1974 so we can't use it.
#Post#: 4297--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: September 3, 2023, 11:39 am
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Hi,
Thanks all for your help,
Just a quick update to say I have had nothing back from the
council since their email of 24th July to say:
"Dear MR Thomas Maxwell-Aylwin,
Thank you for your communication regarding the above Penalty
Charge Notice (PCN).
We can confirm that your case will be held at the current stage,
the charge will not increase while we investigate and our
response will be sent by post as soon as possible, unless:
· your PCN is at Enforcement Agent (bailiff) stage, in which
case you should contact the agent direct.
· you have been served with a Notice of Rejection, which sets
out your statutory options. In these circumstances, there is no
provision for further review and we will not make further
contact until the case progresses to the next stage of the
recovery process."
I'll keep you posted.
Thanks again,
Thomas
#Post#: 5862--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: BlueDog8
Date: September 23, 2023, 5:27 am
---------------------------------------------------------
Hi,
I received a letter from Bromley Parking Services today:
Bromley
THE LONDON BOROUGH
Our Ref: BY20081824
121211L573049000073
Mr Thomas Maxwell-Aylwin
13 Red Hill
Chislehurst
Kent
BR76D8
22/09/2023
Dear Mr Maxwell-Aylwin,
Traffic Management Act 2004 (as amended)
Penalty Charge Notice number: BY20081824
Vehicle Registration: MX15WEL
Contravention Date: 18/07/2023
Contravention Time: 10:06
Location: ELMSTEAD LANE, CHISLEHURST
Notice of Rejection of Challenge
Thank you for your recent communication in connection with the
above Penalty Charge Notice (PCN).
The PCN was issued as your vehicle was parked with one or more
wheels on any part of the road other than a carriageway.
Having reviewed the case, we have decided not to cancel the PCN.
The reasons for our decision and the options available to you at
this stage are set out below.
Your correspondence indicates that you were not aware of the
restriction and we are therefore required to check the clarity
and accuracy of the footway parking at ELMSTEAD LANE,
CHISLEHURST.
Parking on the footway has been banned across London since 1985.
It is only permitted in areas exempted by the Local Authority,
and there must be blue signs showing how you may park. There is
no requirement for signage where there are no exemptions as the
ban is London wide.
In some Bromley roads white marked bays are provided to confirm
exactly where exemptions apply, however, there are also roads
where an area of the footway has been made exempt and there are
no white marked bays. If white marked bays are provided, then
you must ensure that you park fully within said bays to be
exempt from the ban. Footway parking exemption bays are only
ever marked on the flat sections of the pavement, never on
dropped footway sections, cycle lanes or grass verges etc.
Having checked the photographic evidence available for this
case, we are satisfied that the signs/lines are correct and in
line with the regulations.
If you would like to view the evidence we have in relation to
this notice, then please logon to: www.bromley.qov.uk/parking
and follow links to pay/appeal your PCN. When prompted, enter
your PCN number and vehicle registration details, the available
evidence can then be accessed using the 'View Evidence' button
towards the bottom of the screen.
Going forward
The discount payment amount of £55.00 has been reinstated so you
can pay and close the case. You have 14 days from the date of
this letter being served to do this. This Notice will be taken
to have been served on the second working day after the date of
posting (shown above) unless you can show that it was not.
You can pay £110.00 if you pay outside this period. You have 28
days from the date of this Notice being served to do this.
Alternatively, if you wish to make formal representations
regarding the PCN you will need to wait for the Notice to Owner
(NtO) to be sent to the registered keeper of the vehicle. They
will then be able to submit formal representations to the
Council.
Act now
If, after 28 days, you have taken no action, we will send the
NtO to the registered keeper of the vehicle. They will then have
28 days to pay the charge or submit formal representations
against the PCN to the Council.
How to pay
Payments can be made:
• By Phone: 0330 088 4681 (24hrs debit/credit card) (Please have
your PCN and credit/debit card ready). You may make payment with
most major credit or debit cards (not Diners Card or American
Express).
• Online at: www.bromley.qov.uk/parking
• By Post to: Bromley Parking Services, PO Box 1166, Wellington
House, Uxbridge, 8 9BD. Please do not send cash by post. Cheques
and postal orders should be
made payable to 'London Borough of Bromley'.
• In Person at: Bromley Civic Centre Payment Desks Stockwell
Close Bromley BR1
3UH, during office ours. Please ensure you have your PCN number
with you.
Please note: Further communication may not be responded to, the
statutory options set out above are the only options available
to you.
Yours sincerely
J James
Parking Support Officer
Issued by Bromley Parking Services
what should I do now?
Thanks very much for all your help
Thomas
#Post#: 5947--------------------------------------------------
Re: PCN Bromley, code 62 parked with wheels on a footpath,
Elmstead Lane
DIR By: ivanleo
Date: September 24, 2023, 9:21 am
---------------------------------------------------------
Check that the address on the V5C is 100% correct and up to
date, as that is where the notice to owner will go.
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