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#Post#: 12111--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: I-LOV-MONEY
Date: December 8, 2023, 5:22 pm
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As you understand the technicalites of parking law, would you be
able to draft a letter or give me some bullet points on how to
challenge their response - if you think it is worth pursuing.
Thank you.
#Post#: 12118--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: H C Andersen
Date: December 9, 2023, 1:37 am
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You don't respond, as in argue, their points at this stage, wait
for the NTO*.
What you can usefully do is to write to them, say you will be
making formal representations and therefore will await the NTO.
However, in order to examine the authority's claims made in
their letter you request that they provide you with the
following:
A copy of the Traffic Management Order which creates the parking
places in Old Rectory Gardens;
A copy of the council resolution which disapplies the provisions
of the s.15 of the GLC(General Powers) Act 1974 and substitutes
modified parking conditions.
You would need both of the above prior to receiving a NTO in
order to be able to compile representations in time.
*- are you the registered keeper and are your DVLA details
current?
#Post#: 12127--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: I-LOV-MONEY
Date: December 9, 2023, 7:00 am
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Thank you HCA. I don’t pretend to understand it, but will write
to them as you suggest.
I am the registered keeper and my DVLA details are correct (just
paid the Road Tax!).
#Post#: 12128--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: H C Andersen
Date: December 9, 2023, 7:47 am
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This is what by default makes parking on pavements in London
unlawful:
HTML https://www.legislation.gov.uk/ukla/1974/24/contents
This is probably the oldest extant legislation which applies in
parking.
S15(1) creates the prohibition and s15(4) allows councils to
disapply it in all or part of their area. 15(5) requires
councils to place 'traffic signs' to mark the extent of any
permitted area(signs aren't needed for the prohibition itself
because it's statutory and you're expected to know). 'Traffic
sign(s)' is a defined term, in this case signs in the Traffic
Signs and General Directions Regs 2016. They have chosen the
words 'Park in marked bays only'. This is not a permitted
variant which is 'In marked bays'.
The regs do NOT have road markings for such bays.
All the council have is a couple of parking places whose
presence is pursuant to a different statute and whose markings
cannot be 'marked bays' for the purposes of footway parking.
Each parking place must be signed correctly. Theirs are not.
Regular unknowns:
Has the council even bothered to use s15(4 (known as passing a
resolution)?
If so, to what extent?
Are the signs simply placed on convenient posts or do they
actually mark the extent of permitted parking?
Why, if the short area between the signpost and the parking
place is not a permitted area, did the council not place the
sign at the parking place?
etc...
Are the parking places actually permitted to be partly on the
footway?
All of which is grist to your representations mill and contained
within the resolution(if such exists) and the Traffic Management
Order which authorises the parking places. Hence why you're
asking for them.
#Post#: 12171--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: I-LOV-MONEY
Date: December 10, 2023, 1:47 pm
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--- Quote from: H C Andersen link ---
>
> This is what by default makes parking on pavements in London
unlawful:
>
--- End Quote ---
Having now had time to read the links you sent, I have written
to the Council as suggested.
So, do I understand that normally parking on the pavement is
illegal, unless it has been 'authorised' by the Council?
You say that the words "park in marked bays only" are wrong.
However, if I saw a sign saying "in marked bays" how would I
know what it is referring to? If there are no road markings,
how would I know exactly where I could park?
Obviously these questions are for my benefit, rather than the
Council's !!
Thanks again.
#Post#: 13245--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: I-LOV-MONEY
Date: January 3, 2024, 6:59 am
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Happy new year all. Onward fighting the b***ards that want to
relieve us from our money!
Received a reply from Barnet this morning. They have ignored my
requests. So I presume I will just ask again once I have
received the NtO.
HTML https://i.ibb.co/BNXhfNV/Barnet.jpg
HTML https://ibb.co/BNXhfNV[attach=1]
(despite the invalid message, it seems to work!)
#Post#: 13246--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: I-LOV-MONEY
Date: January 3, 2024, 7:04 am
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A 'by the way' message!
I was in the same area the other day. Nearby there is a postal
sorting office. Their little vans were parked on the pavement,
partly on the road, on double yellow lines. I wonder how many
of them got tickets ?!!!
#Post#: 13247--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: mrmustard
Date: January 3, 2024, 7:10 am
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Send your request to foi[member=32]Barnet[/member].gov.uk
#Post#: 13249--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: John U.K.
Date: January 3, 2024, 7:31 am
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--- Quote from: I-LOV-MONEY link ---
>
> A 'by the way' message!
>
> I was in the same area the other day. Nearby there is a
postal sorting office. Their little vans were parked on the
pavement, partly on the road, on double yellow lines. I wonder
how many of them got tickets ?!!!
>
--- End Quote ---
Royal Mail vehicles often have exemptions to a lot of traffic
restrictions imposed by TRO/TMOs.
#Post#: 13260--------------------------------------------------
Re: Apologies. Problem posting Barnet. Pavement parking.
Code 62. Old Rectory Gardens
DIR By: H C Andersen
Date: January 3, 2024, 12:15 pm
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For info and to keep the OP on track, this all new to them, and
to emphasise the distinction which lies at the heart of their
case, parking on the footway when 'reasonably necessary' is a
statutory exemption from the Act which the OP is alleged to have
contravened(GLC Gen Powers 1974) when this involves 'statutory
undertakers' of which the Royal Mail in one. Now't to do with
TMOs
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