Parking adjacent to dropped footway

rezavix

Hello

I'm looking for some advice on how to appeal a PCN issued yesterday for parking adjacent to a dropped footway. I fully admit I did park adjacent to the dropped footway but i was hoping there might be some way round this as pavement on the opposite side of the road is newer and there are no dropped footways on that side. Someone on a mobility scooter could enter the road on one side (if no car is blocking the way!) but cannot exit on the other side.

Has anyone encountered a similar situation with 'historical footways'? Would appreciate any advice/legal jargon to put in my appeal letter!

Many thanks

PS Not sure this matters any but the PCN was issued by Lambeth Council.

roddydogs

Lambeth will ticket for anything.....even being 1" on the footpath PS whats the pavement on the other side got to do with your ticket? Dont think youve got any chance, as they will have a photo,, but no doubt someone will say you have.!

rezavix

Agree Lambeth will ticket for anything - i once got a ticket issued at 4am (!!) for parking in a suspended bay that finished at midnight. It took 2 letters for them to realise that the suspension ended 4 hours before the ticket was issued!

Re: the pavement on the other side of the road - the previous older pavement probably had a dip in it so I figure people with mobility scooters, prams etc could use the dipped kerb to easily cross the road. Now there is no dropped footway on the new pavement - so the dropped footway on my side of the road is pretty much redundant and no one uses it as a carriageway to cross the road.

Coupon-mad

Try reading other threads on forums, if you google dropped footway ticket (or some similar keywords) that's a start. Look for similar cases on here, ConsumerActionGroup or pepipoo.com which may show you any chances for a successful appeal.

You will also see that the FAQs on these forums all say that you should include photos and scans with your thread, you'll see what is needed when you read the FAQS and look at examples of other people's threads. Reading other replies will help you see what may be appropriate to your case.

Here's one currently on this board with no pictures, which doesn't help the person at all as there could be other issues (PCN, lines, signs) to include in any appeal. But the thread includes a suggested appeal wording (see page 2) and a post from another poster who also had a Lambeth ticket in the Summer for the same contravention as you:

http://forums.moneysavingexpert.com/showthread.html?t=1724613

...but PLEASE do some googling and research for yourself, you'd be surprised how much info is out there.

To read posts currently on the whole sub-board here on MSE just click on the blue words 'parking fines, tickets and parking' which is at the top under the orange BANKING SAVING tab. Then click on those threads on the list which might be relevant, and of course read the FAQs and 'how to post images' stickies.

HTH

rezavix

Thanks for the info Coupon Mad. I've spent several hours googling & reading MSE postings on dropped footways (including the link you kindly placed in your reply) but haven't encountered a situation similar to mine (i.e. footway no longer in use due to new pavement on opposite side of road). Its more of a technical point, not really requiring photos, that I'm trying to base my appeal on. I had seen lots of helpful replies on other people's postings and was hoping that I might get some relevant to my situation.

Coupon-mad

rezavix wrote: »

Thanks for the info Coupon Mad. I've spent several hours googling & reading MSE postings on dropped footways (including the link you kindly placed in your reply) but haven't encountered a situation similar to mine (i.e. footway no longer in use due to new pavement on opposite side of road). Its more of a technical point, not really requiring photos, that I'm trying to base my appeal on. I had seen lots of helpful replies on other people's postings and was hoping that I might get some relevant to my situation.

Well I have certainly read lots of threads on pepipoo in recent months, where people have asked the question you have, about whether a dropped footway has to have a corresponding one on the other side.

Your search keywords are the 'key' I reckon. The following search may help, I just popped to Google and Pepipoo and used the keywords dropped footway no other side:

pepipoo search result

Google search result

Also the relevant (I hope) section of the Traffic Management Act 2004:

http://www.statutelaw.gov.uk/content...&filesize=7302

HTH, maybe some of the experts will stop by soon but hopefully something useful will have already been covered for you in the links above.

And please, don't dismiss the idea of scanning in your documents and pictures of bay lines and signs. If you do decide to appeal you would certainly be helped by posting some images here or on pepipoo, you can never have too many points to your appeal and you'll never know what others may see that the Council may have done wrong, until you post those pics...

Far_Thinking_Horse

I have just successfully appealed my PCN on Thursday - I parked adjacent to a dropped footway (by single yellow line out of controlled hours).

My first argument was that it was not clear to me it was a dropped footway, looked more like a broken kerb, especially the other side does not have a dropped footway, i.e. unlikely for assisting pedestrian crossing the road.

The adjudicator accepted my appeal on the ground that from the photo, it was not clear whether my whole wheel was actually obstructing the dropped footway and it was difficult to tell that it was actually a dropped footway.

Also worth finding out if Lambeth Council is a Special Enforcement Area. If so, a guy posted a very good legal advice on another post here (which I can't find again). Try the first argument, if it doesn't work, I could give you a summary on the ground of signage in SEA.