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#Post#: 37222--------------------------------------------------
PCN Parked on footpath
DIR By: Carlos CGD
Date: September 17, 2024, 11:10 am
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I have posted this on another forum before discovering this one.
Need some advice on a parking issue.
The council is Ealing Council and the parking contravention :62
parked with one or more wheels on or over a footpath or any part
of the road other than a carriageway.
One Sunday afternoon the council came round with about 20
traffic wardens and ticketed all the cars on our street. I have
lived here since 1987 and we have never had this problem, ever.
We have a parking sign on our road which shows the a car with
two wheels on the footpath and two on the road.
The signs have been in place since the early to mid 90s and we
have always parked in the same manner with two wheels on kerb.
They say we have contravened section 62 - Parked with one or
more wheels on or over a footpath or any part of the road other
than the carriageway.
I tried to appeal this and got what appears to be a standard
rejection notice because the other residents on the road who
appealed got the exact same reply.
After contacting parking services, they claim we parked over the
indicated area, which doesn't make sense because we don't have
any bays on our road unlike some of the neighbouring roads which
have the bays marked and a sign saying to park within marked
bays our road doesn't have bays or an indicated area because our
road is so narrow in parts and its on a bend it would make it
impossible for the rubbish trucks to get round.
My argument with parking services is:
1.We have been parking in this manner for over 30+ years without
issue,
2. The heavy handed manner of parking services to harass and
bully us was completely unwarranted. There was no engagement
with residents before hand to indicate there was a problem, they
just showed up mob handed and started ticketing everything,
3.There are no bays to highlight any indicated area
4. The signage according to the government on street parking
control signs website show the image we have on our road allows
vehicles to be partially parked on the footway or verge
and the manner the vehicle is parked is consistent with the sign
allowing partial parking of the footpath.
I have now received the notice to owner and will try to appeal
again to parking services.
Their argument now is that footway parking is illegal in London,
but the sign on our road and neighbouring roads says otherwise
and why has this suddenly become a problem when in 30+ years
there's been no issue?
Do I have a case here or am I wasting my time?
BTW, I have 3 parking tickets, two on my car because I was away
when they ticketed it so I got two tickets on two separate days
for the same offence because no one was able to move it, I had
the key and the spare key had a flat battery which my wife
didn't know how to open to change and her car got a ticket too
with the rest of the street.
#Post#: 37231--------------------------------------------------
Re: PCN Parked on footpath
DIR By: stamfordman
Date: September 17, 2024, 1:15 pm
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Read this:
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post all the info/docs as requested.
One immediate point is that the second PCN of two can't stand as
it is a continuous contravention if car not moved.
#Post#: 37290--------------------------------------------------
Re: PCN Parked on footpath
DIR By: Carlos CGD
Date: September 18, 2024, 4:09 am
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Thank you.
I have loaded the documents into google drive.
I can take more pictures of the road if needed when I get home
from work this evening.
Here is the link :
HTML https://drive.google.com/drive/folders/1tSkJe86l067leGVtVFbNzK-rqFNCgkcd?usp=sharing
#Post#: 37294--------------------------------------------------
Re: PCN Parked on footpath
DIR By: fraser.mitchell
Date: September 18, 2024, 4:47 am
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All these PCNs are probably winnable, based on your narrative,
but the downside is you'd have to take the council to London
Tribunals and risk the full PCN penalty.
The other arrow in your quiver, is to get all the PCN recipients
together and send a letter to your local councillor. ALso
telephone about this, because it looks like somebody in the
enforcement office has gone berserk. It's all about money, you
see, the council couldn't care less about the parking.
#Post#: 37298--------------------------------------------------
Re: PCN Parked on footpath
DIR By: stamfordman
Date: September 18, 2024, 5:16 am
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You've blanked the location and other details. It's hard to help
properly unless you do what we ask in the read this advice.
Did you challenge the PCN at first stage?
What stages are the other PCNs at?
#Post#: 37318--------------------------------------------------
Re: PCN Parked on footpath
DIR By: Carlos CGD
Date: September 18, 2024, 6:37 am
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--- Quote from: Incandescent link ---
>
> All these PCNs are probably winnable, based on your narrative,
but the downside is you'd have to take the council to London
Tribunals and risk the full PCN penalty.
>
> The other arrow in your quiver, is to get all the PCN
recipients together and send a letter to your local councillor.
ALso telephone about this, because it looks like somebody in the
enforcement office has gone berserk. It's all about money, you
see, the council couldn't care less about the parking.
>
--- End Quote ---
We wrote a letter to the councillor, he made a a semi gesture by
writing to parking services, but nothing since then.
The last two times we emailed him he didn't even respond.
We have a 60 name petition from the people on our road and yes I
agree, we all believe it's about the money and nothing else,
because its not like we all started parking like this yesterday,
we've parked like this for the last 30+ years and the council
have never acted like this.
They come round regularly because there are sections where you
can't park on the footpath and some people park there and get
ticketed so it's not like they have never seen how we park.
The other problem we have is some people have paid the fines
because of the discounted rate for the 14 days, so I'm not sure
how that will effect the people who haven't paid?
#Post#: 37325--------------------------------------------------
Re: PCN Parked on footpath
DIR By: Carlos CGD
Date: September 18, 2024, 7:11 am
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--- Quote from: stamfordman link ---
>
> You've blanked the location and other details. It's hard to
help properly unless you do what we ask in the read this advice.
>
> Did you challenge the PCN at first stage?
>
> What stages are the other PCNs at?
>
--- End Quote ---
Apologies, I have removed the blanks.
I did challenge at the first stage, I have attached the email
response in the Google drive link above.
The other PCNS all have the exact same letter and response to
the one attached, except the one where I was ticketed twice,
that one should be here in a couple of days because it was about
2-3 days after the first ticket was issued.
I didn't challenge that one on the first stage, I didn't think
there was any point after the response from the first two, and
also by this time the residents had written to our local
councillor so we thought parking services would see sense and
would over turn the tickets, but he didn't really do anything
other than contact parking services and tell them he was
disappointed with their action and that they should have engaged
with the residents.
Since then, we've not even had any responses from him.
The first stage rejection letter is enclosed it says we can't
park on the footpath, which we don't understand, because the
sign says we can and it's not like we all started to park like
this out of the blue, we've parked like this for over 30 years.
Parking services know this too, because we have a small section
of paved area which has the car with the red line through it
which doesn't allow pavement parking and they come round and
ticket people who park there, so they're always around here on
their scooters.
When we spoke to one of the traffic wardens and asked why they
were doing this, he said we are parking outside of the indicated
area, but we don't have an indicated area?
There are other roads near by which have bays marked, but our
road doesn't. It never has, so we really can't understand what's
happened?
#Post#: 37330--------------------------------------------------
Re: PCN Parked on footpath
DIR By: stamfordman
Date: September 18, 2024, 7:42 am
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Reason being as I thought it is Darwin Drive and is the subject
of another thread but it seems to have stalled for now.
This is why we ask for location details in thread titles as the
same locations can recur.
HTML https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/(entire-neighborhood-affected)-ealing-code-62-parked-with-one-or-more-wheels-on-/msg35419/#msg35419
#Post#: 37374--------------------------------------------------
Re: PCN Parked on footpath
DIR By: H C Andersen
Date: September 18, 2024, 10:09 am
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You have posted a photo of a pair of traffic signs, one
indicating the end of a permitted footway parking area, the
other the start.
We have no context, no idea where this - and possibly others -
are located and therefore their scope.
You'll need to take a few photos pl so that we have a clear
idea.
The sign you've posted does NOT restrict footway parking to
marked areas and if it applies to you then the council's dead in
the water, they just don't know it yet.
Page 174 gives examples of the required sign for parking 'in
marked bays'.
#Post#: 38240--------------------------------------------------
Re: PCN Parked on footpath
DIR By: Carlos CGD
Date: September 25, 2024, 5:46 am
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--- Quote from: H C Andersen link ---
>
> You have posted a photo of a pair of traffic signs, one
indicating the end of a permitted footway parking area, the
other the start.
>
> We have no context, no idea where this - and possibly others -
are located and therefore their scope.
>
> You'll need to take a few photos pl so that we have a clear
idea.
>
> The sign you've posted does NOT restrict footway parking to
marked areas and if it applies to you then the council's dead in
the water, they just don't know it yet.
>
> Page 174 gives examples of the required sign for parking 'in
marked bays'.
>
--- End Quote ---
I have taken more pictures and added them to the document along
with video of the rubbish truck which got stuck today and a lady
had to move her car before it could get round. Then when it
neared the end of Darwin Drive it couldn't get through the gap
and had to reverse all the way back around.
This has never happened before and now twice in two weeks, the
rubbish truck has had problems because the cars are parking
further in the street than they used to so as to avoid being
ticketed.
At least one car has been caught by either a van or a truck
coming round.
I have written my appeal to parking services in response to the
notice to owner and have included it in the file (its the PDF
document title Ealing Council Parking Services)
I'm not holding much hope with parking services because I know a
number of residents have already paid the fines in the
discounted window, I'm not sure how this would affect my appeal
or if it holds any sway.
I would be really grateful if anyone could tell me if there is
anything else I should add or is it sufficient?
Thank you.
Link to Google Drive.
HTML https://drive.google.com/drive/folders/1tSkJe86l067leGVtVFbNzK-rqFNCgkcd?usp=sharing
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