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#Post#: 68516--------------------------------------------------
"Parked in area adjacent to a dropped footway". Parked
on own vehicle crossover. Footpath not even dropped. Havering
DIR By: Hippo
Date: April 24, 2025, 3:01 pm
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My mum received a window PCN for "Parked in a special
enforcement area adjacent to a dropped footway". We don't
believe this is correct as she is parked next to the footpath on
her vehicle cross over. The footpath is not dropped.
The vehicle crossover was paid for by my parents for the purpose
of driving their vehicles on and off the driveway. This didn't
exist before they moved in the house, it was just grass and the
footpath.
They've been parking on the vehicle crossover for over 15 years
without issues. My dad even has an email from someone from
Havering council to specifically say they have permission to
park on the vehicle cross over. (I am waiting for a copy of the
email).
The double yellow lines have been there roughly 4 or 5 years
now. But I don't think 01 should apply here either.
They appealed the window ticket, but it was declined, now they
have this PCN that was posted.
Are we fighting a lost cause? Or is the PCN invalid and we
should fight it?
Thank you,
Joe
PS, Page 5 of the PCN PDF is a print out from my Dad, this
didn't arrive with the PCN.
[attachment deleted by admin]
#Post#: 68521--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: H C Andersen
Date: April 24, 2025, 3:23 pm
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Sadly this shows the pathetic state of local authorities'
staffing and procedures.
It brings them into disrepute.
The alleged contravention relates to a statutory prohibition
(s86 Traffic Management Act 2004) which is as follows:
86Prohibition of parking at dropped footways etc.
(1)In a special enforcement area a vehicle must not be parked on
the carriageway adjacent to a footway, cycle track or verge
where—
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/86
I don't need to go any further!
Read the above....'..a vehicle must not be parked ON THE
CARRIAGEWAY...'
The car was not on the carriageway therefore the contravention
did not occur.
It is irrelevant that the car was 'adjacent to a dropped
footway'.
You cannot lose even if the eejits close ranks and act as
bullies while they are judges in their own cause.
IMO, with suitably worded reps you must succeed and, if the
authority dragged this out to adjudication, would be awarded
costs.
#Post#: 68522--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: Hippo
Date: April 24, 2025, 3:26 pm
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Bingo. Exactly what we needed. Will hold back any appeals for
the moment until we have a correctly worded appeal. Is it worth
adding more points to the appeal or should that be enough?
Thanks.
Edit: We've found a few points perhaps worth mentioning.
HTML https://www.legislation.gov.uk/ukpga/2004/18/section/86
1. (1) "In a special enforcement area a vehicle must not be
parked on the carriageway adjacent to a footway, cycle track or
verge where—" - Not a carridgeway
2. (1)(b) "the carriageway has, for a purpose within paragraph
(a)(i) to (iii), been raised to meet the level of the footway,
cycle track or verge.". - It hasn't been raised to meet the
level of the footway.
3. (2) "The first exception is where the vehicle is parked
wholly within a designated parking place or any other part of
the carriageway where parking is specifically authorised." - It
has been authorised by Havering Councils planning department via
email specifically allowing parking there.
4. (3) "The second exception is where the vehicle is parked
outside residential premises by or with the consent (but not
consent given for reward) of the occupier of the premises.".
It's her house.
My partner is keen to join my mum as a McKenzie Friend if this
goes to adjudicators.
#Post#: 68545--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: mrmustard
Date: April 25, 2025, 1:28 am
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Keep is simple as HCA has told you above. Just deny the
contravention, in the name stated on the Notice to Owner, and
point out the vehicle was not on the carriageway, or ask me to,
which is free. Email mrmustard@zoho.com - I appear by video at
the tribunal every week.
#Post#: 68550--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: Hippo
Date: April 25, 2025, 3:05 am
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Thank you.
Just to confirm the definition of a carridgeway:
--- Quote ---
> “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;
--- End Quote ---
HTML https://www.legislation.gov.uk/ukpga/1980/66/section/329
So the vehicle crossover isn't classed as a part of the
carridgeway?
#Post#: 68563--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: H C Andersen
Date: April 25, 2025, 4:11 am
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Correct.
And next to the carriageway is the......footway! And this is ...
"footway” means 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;
A [authorised and properly constructed] vehicle crossover
permits a vehicle to move across a footway to access/exit the
carriageway from/to adjoining premises.
They do NOT have the right to park on any part of the footway,
contrary to what your Dad might think he's read in an email from
the council.
Therefore, in this case an offence WAS being committed, in fact
two, one statutory and one a contravention of a traffic order*
(it just wasn't the one cited in the PCN). They only get one go
so this time the owner was lucky. But don't make a habit of it!
*-
HTML https://www.legislation.gov.uk/ukla/1974/24/contents
(s14)
Double yellow lines mean no waiting 24/7
#Post#: 68574--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: Hippo
Date: April 25, 2025, 4:49 am
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Thanks. I'm trying to wrap my head around everything.
So contravention 27 doesn't apply here because it only applies
when parked on the carriageway and it's not, it's parked on the
footpath?
BUT, it's parked on the footpath and would be a separate
offense? And the DYL also apply where it's parked?
That was the only car on the road that was ticketed, lots of
other cars were parked in the exact same way, some with double
yellows across their drive too and they walked straight past
those. Makes me think they were issuing it for the footpath next
to it, not the one behind.
Beyond the point anyway. How should we proceed for now?
#Post#: 68590--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: stamfordman
Date: April 25, 2025, 5:45 am
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Yellow lines cover the entire road up to property boundaries so
this is a contravention.
Footway/verge parking is banned throughout London.
But councils do allow situations like this often through custom
as you say.
So they have been lucky as the contravention given is wrong as
explained.
You've blanked the location but it looks like kerbside parking
is unrestricted so no problem parking on the road as an
alternative.
HTML https://i.imgur.com/FzVNIIj.png
#Post#: 68591--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: Hippo
Date: April 25, 2025, 5:47 am
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This is in Havering, Rainham specifically.
HTML https://maps.app.goo.gl/tzfXNmfVvysCTUoz5
#Post#: 68595--------------------------------------------------
Re: "Parked in area adjacent to a dropped footway".
Parked on own vehicle crossover. Footpath not even dropped.
Havering
DIR By: Grant Urismo
Date: April 25, 2025, 5:57 am
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Yes, it was a separate offense (so your mum shouldn't do it
again) but this doesn't matter as far as this PCN is concerned.
The recipient of a PCN only has to defend themselves against the
specific allegation made on the PCN. The authority only has one
go at getting this right, they can't go back and issue a second
PCN if they messed up.
How you should proceed for now is as suggested, a very simple
one line response pointing out that their own photo shows the
vehicle was not on the carriageway and therefore the PCN must be
cancelled.
Everything else you've said is potentially useful later on if
the Council don't fold immediately, but at the moment you're
dealing with junior level council staff who probably have to hit
a tough target for number of PCN responses processed. Your
objective is to get them to realise the traffic warden messed
up, so they press the button that spits out a standard form 'on
this occasion we've decided to let you off' letter. If they
don't, then you can go in all guns blazing at the adjudicator
stage, armed with a ridiculous rejection of an obviously winning
argument.
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