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Parking on pavement (Contravention 62)

edi7on
Posts: 106 Forumite

Hi all
I had a parking ticket on the 5/2/14 for parking on pavement. Now I have had this problem before where I appealed and it was cancelled.
I tried to appeal this time and it has been refused.
Been reading the restrictions on this booklet on page 14, and it says to leave 1.2m gap when parking on pavements (which i did).
Image of parked vehicle which also shows rest of cars parked in the same position.
Any ideas whether I should to take it any further?
Thank you
This is what the email said:
I refer to your enquiry received on 05 February 2014 regarding the above Penalty Charge Notice.
The Civil Enforcement Officer issued the Penalty Charge Notice because your vehicle was parked on a footway. The term “footway” relates to all land from the edge of the carriageway to the building line and includes “crossovers” which give access from the road to the adjoining premises. Footway parking is not allowed anywhere in Greater London (unless an exemption applies) and the restriction applies 24 hours a day, seven days a week including all Public and Bank Holidays.
I would point out that there is no statutory requirement for any road markings to be in place setting out these restrictions. I refer you to The Highway Code which states: “You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.”
The council is aware that there are some adverse parking conditions within the Borough, and have instructed that some degree of latitude should be exercised when dealing with footway parking. Accordingly, Civil Enforcement Officers have been advised that a Penalty Charge Notice should only be issued for footway parking when the vehicle is parked in such a position that there is insufficient space remaining on the footway for pedestrians to safely pass.
The council’s position on footway parking is that adequate space should be left for pedestrians with double baby buggies or mobility chairs to pass comfortably on the remaining space of the footway.
Photographs show that your vehicle was parked so that the footway may have been inaccessible to pedestrians due to the wall behind your vehicle. The photographs taken to support the Penalty Charge Notice are now available online.
Although you may have parked on the footway without realising that you were violating the restrictions, as a parking contravention clearly occurred I regret to advise that you have not established grounds for the cancellation of the Penalty Charge Notice on this occasion.
Given the above, I am satisfied that the PCN was correctly issued and regrettably, you have not established sufficient grounds for cancellation of this penalty charge. As your enquiry was received within the discount period the amount of £65.00, will be accepted if payment is received within 14 days of the date of this letter.
I had a parking ticket on the 5/2/14 for parking on pavement. Now I have had this problem before where I appealed and it was cancelled.
I tried to appeal this time and it has been refused.
Been reading the restrictions on this booklet on page 14, and it says to leave 1.2m gap when parking on pavements (which i did).
Image of parked vehicle which also shows rest of cars parked in the same position.
Any ideas whether I should to take it any further?
Thank you
This is what the email said:
I refer to your enquiry received on 05 February 2014 regarding the above Penalty Charge Notice.
The Civil Enforcement Officer issued the Penalty Charge Notice because your vehicle was parked on a footway. The term “footway” relates to all land from the edge of the carriageway to the building line and includes “crossovers” which give access from the road to the adjoining premises. Footway parking is not allowed anywhere in Greater London (unless an exemption applies) and the restriction applies 24 hours a day, seven days a week including all Public and Bank Holidays.
I would point out that there is no statutory requirement for any road markings to be in place setting out these restrictions. I refer you to The Highway Code which states: “You MUST NOT park partially or wholly on the pavement in London, and should not do so elsewhere. Parking on the pavement can obstruct and seriously inconvenience pedestrians, people in wheelchairs or with visual impairments and people with prams or pushchairs.”
The council is aware that there are some adverse parking conditions within the Borough, and have instructed that some degree of latitude should be exercised when dealing with footway parking. Accordingly, Civil Enforcement Officers have been advised that a Penalty Charge Notice should only be issued for footway parking when the vehicle is parked in such a position that there is insufficient space remaining on the footway for pedestrians to safely pass.
The council’s position on footway parking is that adequate space should be left for pedestrians with double baby buggies or mobility chairs to pass comfortably on the remaining space of the footway.
Photographs show that your vehicle was parked so that the footway may have been inaccessible to pedestrians due to the wall behind your vehicle. The photographs taken to support the Penalty Charge Notice are now available online.
Although you may have parked on the footway without realising that you were violating the restrictions, as a parking contravention clearly occurred I regret to advise that you have not established grounds for the cancellation of the Penalty Charge Notice on this occasion.
Given the above, I am satisfied that the PCN was correctly issued and regrettably, you have not established sufficient grounds for cancellation of this penalty charge. As your enquiry was received within the discount period the amount of £65.00, will be accepted if payment is received within 14 days of the date of this letter.
0
Comments
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I would suggest going to www.pepipoo.com and starting a thread in their council parking section as they have the expertise when it comes to local authority PCN's.
As you have already engaged them I trust that you will not adopt the head in the sand approach and ignore them hoping it will go away because it won't."You should know not to believe everything in media & polls by now !"
John539 2-12-14 Post 150300
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