DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Civil penalty charge notices (Councils, TFL and so ...
*****************************************************
#Post#: 62613--------------------------------------------------
LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: got_a_username
Date: March 14, 2025, 7:10 pm
---------------------------------------------------------
Hi, thank you in advance for your help.
Today, I parked in a marked bay on the footpath (yes, over the
line of the footpath) but within the length of the bay so that
cars could still pass up and down the road. However, to my
surprise, I received a parking ticket when I returned to my car
30 minutes later.
I have previously spoken to the traffic warden who usually
monitors the road, and he mentioned that he would not issue a
ticket for parking like that, as the road is quite narrow when a
car is also parked on the footpath parallel to mine. This
suggests he has either changed his approach or that someone else
was on duty today.
Also, not sure if this makes any difference but the road is
actually london borough of hounslow but I got a pcn from London
borough of Richmond upon thames.
Could you please advise if I have any grounds for an appeal, and
if so, what I should write?
I have attached the location & some photos I took at the time.
Thank you again.
HTML https://imgur.com/a/KG6WuMy
HTML https://maps.app.goo.gl/J9EFj3qYrLj89reY8
#Post#: 62618--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: fraser.mitchell
Date: March 14, 2025, 8:31 pm
---------------------------------------------------------
Sign allows part off-carriageway parking in marked bays, but
these are very worn.
However, if that's your car in the photos, you can see bay
markings at the back of it, and you are beyond these, hence the
PCN.
#Post#: 62621--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: mrmustard
Date: March 15, 2025, 3:59 am
---------------------------------------------------------
I have looked up the postcode. It is within Richmond. Your best
bet is to argue 'legitimate expectation' i.e. that you have
parked this way for years without a pcn and this was ok as per a
traffic warden who you had chatted to.
#Post#: 63079--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: got_a_username
Date: March 18, 2025, 10:00 am
---------------------------------------------------------
Fair enough, I guess I have to try my luck.
Thank you
#Post#: 63096--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: H C Andersen
Date: March 18, 2025, 12:18 pm
---------------------------------------------------------
I suggest you add to these informal reps something along the
lines of:
As regards the detail of the contravention, you assume that this
occurred because part of your car was not within the markings.
Be this as it may, the markings themselves do not create the
permitted parking as such, their function is to delineate areas
prescribed under a resolution passed by the council under s15(4)
of the GLC(General Powers) Act 1974. Therefore it is necessary
for the authority to consult this in order to be satisfied that
the markings comply with the resolution's provisions and that
there has been a contravention. You should appreciate a copy the
this provision with any rejection.
#Post#: 63101--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: got_a_username
Date: March 18, 2025, 12:33 pm
---------------------------------------------------------
Appreicate the response! [member=428]H C Andersen[/member]
Would you add/change anything to the below appeal response?
On the day in question, I parked my car in a marked bay on the
footpath. While I acknowledge that part of my car was over the
line of the footpath, the car was still within the length of the
bay, leaving sufficient space for other vehicles to pass freely
along the road.
I was surprised to receive this PCN because I have previously
discussed this specific parking arrangement with the traffic
warden who regularly monitors the road. He assured me that no
ticket would be issued under such circumstances, as the road is
quite narrow and this form of parking ensures better access.
This indicates either a change in approach or that someone else
was on duty that day.
Furthermore, regarding the alleged contravention, I believe this
occurred because part of my vehicle was outside the designated
markings. However, it is worth noting that the markings
themselves do not establish permitted parking; their purpose is
to delineate areas prescribed under a resolution passed by the
council, as stipulated under section 15(4) of the Greater London
Council (General Powers) Act 1974.
To confirm the validity of this PCN, I respectfully request that
the council consult the relevant resolution to ensure that the
markings comply with its provisions and that an actual
contravention has occurred. I also request a copy of this
resolution be provided should my appeal be rejected.
Thank you for taking the time to review my appeal. I trust that
you will carefully consider the points raised, and I am hopeful
for a positive resolution.
#Post#: 63107--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: H C Andersen
Date: March 18, 2025, 12:54 pm
---------------------------------------------------------
Seems fine. There are other posters who are adept at obtaining
resolutions - they're not state secrets - and so whether they
supply to you or not you might make progress by other channels
anyway.
#Post#: 63215--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: got_a_username
Date: March 19, 2025, 7:56 am
---------------------------------------------------------
No problem, i don't really know where else to try so will have
to just give it a shot.
#Post#: 63217--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: stamfordman
Date: March 19, 2025, 8:03 am
---------------------------------------------------------
--- Quote from: got_a_username link ---
>
> Furthermore, regarding the alleged contravention, I believe
this occurred because part of my vehicle was outside the
designated markings. However, it is worth noting that the
markings themselves do not establish permitted parking; their
purpose is to delineate areas prescribed under a resolution
passed by the council, as stipulated under section 15(4) of the
Greater London Council (General Powers) Act 1974.
>
--- End Quote ---
Not sure this is right. My understanding is the bay markings may
be an invention by the council in a street where the footway ban
has been disapplied by resolution. The bays are either then
established by a traffic order or often as we see just paint, as
I suspect here, resolution or no resolution.
#Post#: 63238--------------------------------------------------
Re: LB of Richmond Upon Thames, Code 622 Parked with one or more
wheels on footpath, Wyndham Cres
DIR By: H C Andersen
Date: March 19, 2025, 9:53 am
---------------------------------------------------------
IMO, a traffic order creates parking places which, in this case,
would have to be signed. None is signed as required. The 'in
marked bays' sign conveys a resolution to the effect that
parking on the footway is limited. These are quite prevalent
where there are vehicle access crossovers and where the passable
part of the footway needs to be protected for pedestrians.
As far as I am aware, footway parking markings only have to be
applied on the footway, they are not required on the carriageway
for obvious reasons, whereas parking places created under a
traffic order must be marked in full.
*****************************************************
Page 1 of 2
DIR Next Page