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#Post#: 46691--------------------------------------------------
Re: PCN Parked on footpath
DIR By: ivanleo
Date: November 22, 2024, 12:12 pm
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I am handling the appeal at the tribunal against all three PCNs,
I have just had this response come back from the council under
the EIR
HTML https://ico.org.uk/for-organisations/eir-and-access-to-information/guide-to-the-environmental-information-regulations/what-are-the-eir/:
[indent]
We are unable to find a copy of the resolution.
[/indent]
[member=2768]Carlos CGD[/member] it looks like all your
neighbours have been conned and can join the "mugged club".
#Post#: 46727--------------------------------------------------
Re: PCN Parked on footpath
DIR By: mickR
Date: November 23, 2024, 3:58 am
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@CP
if there is no Resolution do the "mugged club" have any redress?
were PCNs issued unlawfully ?
#Post#: 46730--------------------------------------------------
Re: PCN Parked on footpath
DIR By: H C Andersen
Date: November 23, 2024, 4:23 am
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The default position is that parking on the footway whether 2 or
4 wheels is not permitted and it appears that this has never
been formally varied.
So as '.. the signs provided for in this Schedule ['footway
parking'] must only be placed to indicate the effect of an Act,
order, regulation, bylaw, resolution or notice ..' and there
isn't one then the default position applies IMO.
But the council's actions in penalising some and not others
based upon wholly unlawful signs cannot surely escape uncensured
and with consequences.
A DNC to avoid embarrassment?
#Post#: 58866--------------------------------------------------
Re: PCN Parked on footpath
DIR By: Carlos CGD
Date: February 19, 2025, 8:15 am
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--- Quote from: cp8759 link ---
>
> I am handling the appeal at the tribunal against all three
PCNs, I have just had this response come back from the council
under the EIR
HTML https://ico.org.uk/for-organisations/eir-and-access-to-information/guide-to-the-environmental-information-regulations/what-are-the-eir/:
>
> [indent]
> We are unable to find a copy of the resolution.
> [/indent]
>
> [member=2768]Carlos CGD[/member] it looks like all your
neighbours have been conned and can join the "mugged club".
>
--- End Quote ---
I would like to say a big thank you to everyone on this site for
all their help.
The appeals were won and upheld at tribunal.
I would never have stood a chance without your help.
Thank you.
#Post#: 58872--------------------------------------------------
Re: PCN Parked on footpath
DIR By: stamfordman
Date: February 19, 2025, 8:45 am
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2240510750
At this scheduled personal hearing the Appellant Company were
represented by Mr Murray-Smith, who attended via Teams.
The Enforcement Authority did not attend and were not
represented in person, by telephone or in vision.
This is one of two appeals I am considering together arising out
of Penalty Charge Notices issued for the same contravention, by
the same vehicle, in the same road, on different occasions.
Under Section 15(1) of the Greater London Council (General
Powers) Act 1974 as amended by Section 76(3)(d) of the Road
Traffic Act 1991 and by Section 15 of the London Local
Authorities Act 2000, and Section 8 of the London Local
Authorities and Transport for London Act 2008, a contravention
occurs if a vehicle is parked with one or more wheels on or over
any part of an urban road other than a carriageway.
There appears to be no dispute that the vehicle was at this
location, or that the Penalty Charge Notice was issued to it, as
shown in the photographs/digital images produced by the
Enforcement Authority. The images show the vehicle with all four
wheels on the footway.
The Appellant’s case is that footway parking is, or may be,
allowed in this manner at this part of Darwin Drive.
This contravention is often called ‘footway parking’. Footway
parking is not allowed anywhere in Greater London unless an
exemption applies. Any exemption should be indicated by a
rectangular blue sign with a white border. The Enforcement
Authority have produced an image of a sign, but not one taken
contemporaneously with those taken at the issue of the Penalty
Charge Notice. This sign shows parking with two wheels is
permitted on the footway as prescribed by Item 3 in part 4 of
Schedule 3 to the Traffic Signs Regulations and General
Directions 2016, rather than that at Item 4 thereof, showing a
vehicle wholly on footway.
It appears that parking with all four wheels is or at least was
permitted in parts of Darwin Drive and the Enforcement Authority
had been asked to produce a copy of the exemption but it has
responded that it is “unable to find a copy of the resolution”.
It is clear that there must be resolution and the Enforcement
Authority have accepted that footway parking is allowed. The
issue being clearly raise as to exactly how and where in Darwin
Drive this exemption applies, the burden must effectively shift
to the Enforcement Authority to explain it.
The Adjudicator is only able to decide an appeal by making
findings of fact on the basis of the evidence actually produced
by the parties and applying relevant law.
Considering carefully all the evidence before me I cannot find
as a fact that, on this particular occasion, a contravention did
occur.
Accordingly this appeal must be allowed.
#Post#: 59023--------------------------------------------------
Re: PCN Parked on footpath
DIR By: ivanleo
Date: February 20, 2025, 8:11 am
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Outcome 1
HTML https://drive.google.com/file/d/1zoDH0HxViufTka2z-8C13fPKdLRDkBgI/view.
Outcome 2
HTML https://drive.google.com/file/d/1yoj7bNP-C305I-Cz6m_luHMe5YIP2ieQ/view.
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