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#Post#: 45896--------------------------------------------------
PCN Parked on Pavement (with pavement parking markings)
DIR By: C_H_R_I_S
Date: November 17, 2024, 10:23 am
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So I parked in Romford on a pavement that had pavement markings
on a sunday at 9am
This was a very residential road with no parking signs and just
small markings on pavement that you could also park there.
Because there was a car opposite where i was parked and the road
was narrow I moved my car slightly over the pavement parkings
but leaving easily enough room for people to walk by it on the
pavement.
I came back to this PCN
HTML https://i.ibb.co/fFLRdM5/pcn.jpg
HTML https://ibb.co/vqR541G
Parking Location:
HTML https://www.google.com/maps/@51.6081408,0.1602629,3a,75y,63.61h,87.23t/data=!3m7!1e1!3m5!1sZIT6_vAFKQr7bYwW9F-EQA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D2.774080219905059%26panoid%3DZIT6_vAFKQr7bYwW9F-EQA%26yaw%3D63.60859777927444!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI0MTExMy4xIKXMDSoASAFQAw%3D%3D
I literally just parked on a sunday thinking it was ok and was
shocked to see this pcn.
These would be my 4 points of argument so far:
Necessary Adjustment Due to Road Conditions:
On the day in question, there was a car parked on the opposite
side of the road, leaving insufficient space for other vehicles
to pass. To ensure traffic could flow safely, I positioned my
car slightly further onto the footway. This adjustment was made
out of necessity and with consideration for other road users.
Lack of Clear Signage:
While I acknowledge the presence of footway parking markings,
there were no visible signs indicating that vehicles must be
strictly within the lines at all times. The absence of explicit
guidance on this matter creates ambiguity, especially for slight
positioning adjustments like mine.
Day of Incident:
The PCN was issued on a Sunday, a day when traffic is generally
lighter and enforcement is typically less stringent in some
areas. This further supports my decision to park considerately,
prioritizing road safety over strict adherence to the markings.
Minimal Impact:
My vehicle was only slightly outside the marked area and did not
obstruct pedestrian pathways or create any safety hazards.
What do you think of my case?
Thankyou!
#Post#: 45903--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: John U.K.
Date: November 17, 2024, 11:20 am
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First thoughts: you are not receiving a PCN for not parking
within the markings, so why mention it?
You have a PCN for parking on the footway, which is allowed at
this location.
Please to post up any Council photos (most likely will not
appear on their site until tomorrow or Tuesday).
You may well need to see the Council resolution disapplying the
London-wide ban on footway parking, and any traffic order about
markings.
Wait for the experts to comment (I am not one), but on the
current evidence + the council photos I'd go for a simple
challenge on the lines of:
The contravention alleged did not occcur: as can be seen from
your own photographs, footway parking is allowed at this
location.
I look forward to your early cancellation of this PCN.
EDIT:
Looking at GSV again I do not see any signage allowing footway
parking, but the white line and the historic views show that
'2-up' parking has been tolerated for years, creating legitimate
expectation of non-enforcement..
#Post#: 45942--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: mickR
Date: November 17, 2024, 5:09 pm
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2008 view shows pavement marking. but not on road
2012 parts on markings tarmacked over
2014 shows markings reinstated on pavement.
still nothing on road.
very odd but why reinstate markings if they aren't to be used??
#Post#: 45949--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: fraser.mitchell
Date: November 17, 2024, 6:20 pm
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--- Quote ---
> To ensure traffic could flow safely, I positioned my car
slightly further onto the footway. This adjustment was made out
of necessity and with consideration for other road users.
--- End Quote ---
Reading this, I take it that your car was not positioned within
the markings but further onto the footway. The council photos
will show this if the CEO has taken any. I suspect this will be
the reason for the PCN.
#Post#: 45998--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: C_H_R_I_S
Date: November 18, 2024, 6:49 am
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Yes that is the reason.
But 1. no signage saying they have to be strictly adhered to
2. No signage saying inspectors were active
3. I had to move the car slighhtly over due to car on other side
of road
#Post#: 45999--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: stamfordman
Date: November 18, 2024, 6:50 am
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What is the car VRM. You've blanked it.
Or post the council pics yourself.
#Post#: 46022--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: H C Andersen
Date: November 18, 2024, 7:47 am
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OP, let's cut to the chase so that we can focus pl.
On the day in question, there was a car parked on the opposite
side of the road, leaving insufficient space for other vehicles
to pass. To ensure traffic could flow safely
Then don't park there at all..would be an adjudicator's
response. Forget this.
While I acknowledge the presence of footway parking markings
Really? Where would you find these in the Traffic Signs etc.
Regs?
They are merely white paint, end of. Absent a regulatory sign to
give (or purport to give) these markings legal effect then they
are paint without a purpose.
Parking on the footway in London is a statutory prohibition
which cannot be varied by splashing paint on the road.
The signs are items 12-15 in the Part 2 table here:
HTML https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made
Item 14 is the only one which could apply and only if used
varied as per Variant no. 2.
So, send a FoI request to the council, NOT parking.
I refer to the markings on the footway as can be seen in the
attached GSV screenshots. I should be grateful if you would
advise me as to their purpose and, if in connection with a
disapplication of the London-wide statutory footway parking
prohibition, the location of the nearest mandatory traffic signs
which alone convey the meaning of these markings to motorists
and a copy of the council resolution which authorised the
parking of vehicles in this manner. For your information, s15
Greater London Council (General Powers) Act 1974 refers.
As regards your challenge, I'd simply say that you believed that
parking with two wheels on the footway, as you did, was
permitted at the location.
#Post#: 46038--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: C_H_R_I_S
Date: November 18, 2024, 8:36 am
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--- Quote from: stamfordman link ---
>
> What is the car VRM. You've blanked it.
>
> Or post the council pics yourself.
>
--- End Quote ---
ls67usb
I tried to get the pics but it brought me to a council shopping
basket >:(
#Post#: 46052--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: stamfordman
Date: November 18, 2024, 9:06 am
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Pictures aren't up yet -I'll check later.
Can you please post the back of the PCN.
#Post#: 46226--------------------------------------------------
Re: PCN Parked on Pavement (with pavement parking markings)
DIR By: C_H_R_I_S
Date: November 19, 2024, 10:27 am
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--- Quote from: stamfordman link ---
>
> Pictures aren't up yet -I'll check later.
>
> Can you please post the back of the PCN.
>
--- End Quote ---
HTML https://i.ibb.co/Rvmvjq5/IMG-9222.jpg
HTML https://ibb.co/3rqrRnJ
Here you go
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