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Barking and Dagenham, Code 62 parked on footpath, 419 Becontree Ave.

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#1
1.I received a PCN whilst dropping my son off at the school bus stop which was adjacent to where I was parked which is shown precisely where the Black Toyota vehicle is parked on the Google Maps street link also addressed 419 Becontree Ave. I have parked in this location for the past 2 years where the curb is dropped. I was surprised at how quickly I had received the ticket as I was across the road with the school bus obstructing my view. I believe this PCN is incorrect as I am not actually on the footpath nor preventing any pedestrians from passing. I wanted to know the opinions of the forum and whether I have a case to win here.


2. PCN & Parked vehicle https://imgur.com/a/HwVCh6O


3. Google Maps Street View link:
Find local businesses, view maps and get driving directions in Google Maps.
Find local businesses, view maps and get driving directions in Google Maps. · google.com
#2
It looks like the path has had an additional separator added since the GSV photo was taken. I'm assuming you go to this location regularly, can you get us an up-to-date shot of the layby here please? Particuly interested in that added kerbstone-style divider and if the tactile paving is still there?

#4
If you'd parked on the carriageway the boarding / alighting exemption would have likely covered you. A vehicle crossover does not interrupt the footpath unfortunately.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
#6
If a landowner wants vehicular access, he can apply for a vehicle crossover to provide access to a drive or other off-road land, and the council will normally install a lowered kerb to allow easy access for vehicles. However the fact that this has been done does not mean that the part of the pavement in question is not still legally the pavement. The fact that it might look like a lay-by is irrelevant, you car was parked on the pavement.

To pursue an appeal we'd have to find something else to argue.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order