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#Post#: 3000--------------------------------------------------
Re: PCN 62 - Croydon Council - Parking on a footpath or on other
than carriageway, Croydon
DIR By: ivanleo
Date: August 9, 2023, 5:51 pm
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I would just make the same representation again.
#Post#: 4302--------------------------------------------------
Re: PCN 62 - Croydon Council - Parking on a footpath or on other
than carriageway, Croydon
DIR By: CPBadger
Date: September 3, 2023, 3:13 pm
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Hi all, a couple of quick updates in case of use. I made the
below representation:
"Dear Croydon Council,
The CEO's photos clearly show that my vehicle was parked on the
carriageway of the unnamed service road that leads to a number
of garages. While I appreciate it was parked right at the
junction, this is not in itself unlawful and it does not mean
that it was parked on the footway.
According to The Highways Act 1980, a carriageway “means a way
constituting or comprised in a highway, being a way (other than
a cycle track) over which the public have a right of way for the
passage of vehicles”
Further, a footway is defined as ““a way comprised in a highway
which also comprises a carriageway, being a way over which the
public have a right of way on foot only”.
The photos clearly show that the public have a right of way for
the passage of vehicles on the road in question, and that the
public do not have a right of way on foot only. The road on
which the vehicle was parked must therefore be a carriageway and
cannot be a footway.
It may be that the CEO believed the car to have been parked on a
‘vehicle crossover’ from the public road. This is inconsistent
with the Highways Act 1980, Section 184 which defines Vehicle
Crossovers as existing “to provide an access for mechanically
propelled vehicles to or from the carriageway of the highway
from or to premises adjoining or having access to the highway”.
Similarly, in their 28.02.2017 report on Highway Vehicle
Crossover Policy to the Streets, Environment and Homes Scrutiny
Sub-Committee Croydon Council described a vehicle crossing in
2017 as providing “…the legal means for a vehicle to access a
property”. A vehicle crossover cannot exist where my vehicle
was parked because the road in question is publicly accessible
as demonstrated below.
According to Section 142 of the Road Traffic Regulation Act
1984, a road:
“…in England and Wales, means any length of highway or of any
other road to which the public has access…”
Further, in Bowen & Ors v Isle of Wight Council [2021] EWHC 3254
(Ch) the High Court explained at 49 that:
In my judgment, a road will be a "road to which the public has
access", and thus within the definition of "road" in section 142
of the 1984 Act, provided that the general public do as a matter
of fact exercise access to it and provided that those members of
the public "have not obtained access either by overcoming a
physical obstruction or in defiance of prohibition express or
implied".
The area on which the vehicle was parked clearly meets the
definition of a road as it has no physical barrier or signage
indicating that members of the public cannot walk up and down
that road as they wish. Members of the public regularly park on
the road in question. As such, my vehicle must have been parked
in a carriageway.
Further to these arguments, on one side of the area of inlaid
stones there is no drop kerb, which instead drops from the
footway onto the public road (as shown in the attached
photograph). The construction of the drop kerb therefore
clearly implies that this is not considered a continuous
footway."
Image:
HTML https://ibb.co/drRVmBY
And they backed down. I got this response:
HTML https://ibb.co/K9t9p8n
#Post#: 4304--------------------------------------------------
Re: PCN 62 - Croydon Council - Parking on a footpath or on other
than carriageway, Croydon
DIR By: fraser.mitchell
Date: September 3, 2023, 4:30 pm
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Well done you !!
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