Free Traffic Legal Advice

Hi,
I came back from work and saw over 50 parking tickets on the way including my car, my parents car and my guests car.


There's a split dropped kerb - on one side there's paving slabs and on the other side is asphalt.


Further down the road, this sign allowing partial parking on pavement is visible.

For more than 9 years I've been living here and cars have always parked with their wheels on the pavement. Apparently, a wheelchair user complained to the council because one of the cars was parked a little too far up the pavement and they couldn't get through. And in the next few days, this happened.


No warning or letter sent to the residents, just cars plastered with PCNs.

Below are a bunch of pictures taken to help give context.


















Google Maps street view: https://maps.app.goo.gl/cz8J86vMjZQuLJzV9

Would appreciate any help and advice. Won't just be helping me but all my neighbors too!

There are two aspects here,

(1) parking off the carriageway is clearly permitted and signs show this, but the signs do not say "in marked bays". Cases like this have been seen quite a few times, and if the council resolution to allow off-carriageway parking just gives the street name, then the exemption applies to all of it unless there are yellow lines with restricted times.

(2) The council have tolerated parking outside the marked bays for years thus giving legitimate expectation that enforcement will not take place.

So you (and others), need to submit informal reps against the PCNs pointing out parking off-carriageway has been tolerated for many years, (at least 9) without enforcement. Also put them to proof that the marked bays are supported by a Traffic Regulation Order detailing exactly where the bays are.

You might also contact local councillors to complain about council legerdemain, i.e. allowing parking along the whole street then coming unannouced and serving PCNs to virtually all the parked cars without warning.

Having said the above, a look at GSV, latest being 2019, shows many cars parked almost completely blocking the footway which is really asking for it, frankly.
https://maps.app.goo.gl/sttbLxEyAJZFCPBv9

Got an email back from the council:

Thank you for your email dated 22/08/2024 which has been passed to the Complaints team to respond to.

 

I am sorry to read that you and the other residents of Darwin Drive, UB1 have found it necessary to raise a complaint.

 

I appreciate the points you have made in your below email to Cllr Dheer and Mr Stephens. I will be addressing all the points.

 

Ambiguity in Signage: The current signage indicates that parking off the carriageway is permitted but doesn't specify that vehicles must park within marked bays. This has led residents to reasonably interpret that parking on the pavement is allowed throughout the street.
 

I must explain that footway parking is not permitted anywhere in Greater London unless an exemption applies. On Darwin Drive signs are located on both sides of the road which indicate where footway parking is allowed. Parking on the footway is an enforceable ‘offence’ at any time.

 

I appreciate your comments regarding the signage on Darwin Drive and it would appear that the Penalty Charge Notices (PCN) were issued as the vehicles were parked beyond the permitted area indicated by the signs and are clearly parked on the footway incorrectly.  I have provided google map images which shows where the signs are erected and designates where parking on the footway is allowed.

 

 



 

 

Legitimate Expectation Due to Historical Non-Enforcement: After speaking with several residents, we can confirm that parking with wheels on the footway and outside of marked bays has been a common practice for over 25 years. This has been tolerated without enforcement, creating a legitimate expectation among residents that this practice is permissible. The sudden enforcement without prior notice is unjust and misleading.
Request for Traffic Regulation Order (TRO) Evidence: We request evidence that the marked bays are supported by a TRO specifying their exact location and the requirement to park within them. If no such TRO exists, we believe the fines should be revoked.
 

I have discussed your email with our Parking Operations manager who has confirmed that a Traffic Order is not required for footway parking and the signs at the location are adequate. There has been no specific target of enforcement at this location, and we are enforcing in the same manner across all areas of the borough including roads nearby to Darwin Drive.

 

Insufficient Road Width: The narrow roads in our neighbourhood make on-road parking unsafe and obstructive. Refuse collection vehicles frequently become stuck on Darwin Drive, forcing collectors to walk to the remaining bins and then reverse out, blocking the road for the entire duration. This issue also affects ambulances. The practice of parking partially on the pavement has been essential for maintaining traffic flow and safety.
 

I acknowledge your above point regarding how narrow Darwin Drive is which is the reason why footway parking is permitted where the parking ‘P’ sign is indicated and shows a car parked on the footway. Where the sign has a red diagonal line across it, it indicates the termination of any footway parking exemption and any vehicle parked on that section may be issued a Penalty Charge Notice. 

 



 

5. Lack of Adequate Alternative Parking: There is a severe shortage of designated parking spaces in the area, with more houses than available parking spots. This issue is exacerbated by the layout of the housing, forcing residents to park their cars a five-minute walk away. Carrying shopping and young children over this distance is extremely challenging. Enforcing restrictions without offering viable alternatives is impractical and unfair to the community.

 

With regards to the point above,  Darwin Drive is not within a Controlled Parking Zone (CPZ).   If residents are concerned about parking practice and wish for the Council to consider creating a CPZ for example, then there is a specific process which must be followed.  Initially the points would need to be raised with the residents local Ward Councillors at their Ward Forum or Surgery.  The Ward Councillors will then raise the issues with the relevant departments (Highways and Transport Planning) and if changes are agreed, a formal consultation process will be started.   Please click on the following link for more details Full council meetings | Getting involved with decision making | Ealing Council

 

I appreciate that many residents would like to be able to park outside their homes but in all areas within London this is not possible. This is partly a result of increase in car ownership .

 

6. Unreasonable Financial Burden: The sudden issuance of fines places an undue financial strain on many residents, particularly those in council housing or facing economic challenges.

 

I have noted what you have said regarding the Penalty Charge Notices (PCN) issued and must explain that the consideration of a PCN is a statutory process. Anyone in receipt of a PCN has the option of challenging it in writing to the Council, as stated on the PCN. This ensures that PCNs are processed correctly and fairly, there is a full audit trail and that the recipient' rights are protected.   Once an informal challenge is received, the Council will consider the circumstances surrounding the issue of the PCN.   Each case is considered on its own merits, objectively, fairly and any evidence will be fully considered as appropriate before a decision is made. 

 

If the motorist wishes to appeal further and a formal representation is received and then rejected by the Council, the registered keeper of the vehicle has the opportunity to appeal to the independent adjudicator in London Tribunals.

 

The following link can be used to challenge or pay a PCN Pay or challenge your parking fine or penalty charge notice | Pay or challenge your parking fine or penalty charge notice | Ealing Council

 

A challenge can also be sent by email to parkingrep@ealing.gov.uk .

 

The Complaints team does not deal with the issue of PCNs due to the statutory process in place.

 

7. Lack of Public Consultation: The enforcement of parking restrictions without prior public consultation is deeply concerning and undermines trust in the council.

 

Whilst I appreciate your above statement the Council is not required to carry out a public consultation in order to enforce the restrictions to carry out enforcement. The restriction at this location has been in place for many years.

 

 8. Damage to Residents' Vehicles: The narrow streets and current parking situation have caused considerable damage to residents' cars. Many vehicles have been scraped, and side mirrors have been knocked off due to the limited space. Video footage from House Number 5 is available upon request. Conversations with residents revealed that at least three vehicles have suffered damage from hit-and-run incidents. With repair costs typically around £300, claiming through insurance is impractical due to high excess fees. This ongoing issue underscores the urgent need for a comprehensive parking solution that protects residents' property while ensuring safe passage for all road users.

 

I have raised this point with our Highways department who will look into and respond to you separately.

 

I can appreciate that parking within Darwin Drive may be difficult due to the number of vehicles owned by residents. However, I would suggest that vehicles park in accordance with the legislation otherwise, further Penalty Charge Notices may be issued to vehicles parked in contravention.

 

I do hope that the above clarifies our position however,  if you are still not satisfied you may wish to take your complaint to Stage 2 of the Council’s complaints procedure. You should respond within 28 days of receipt of this email outlining any aspects of the case you feel were not adequately addressed and what outcome you would like to see by writing to either the postal or email address provided below.

How do you think I should proceed?
I've made a draft reply, please tell me what you think:

Thank you for your detailed response to our initial complaint regarding the parking enforcement on Darwin Drive. After reviewing your explanations, we remain deeply concerned about the enforcement actions taken and believe there are several grounds upon which to escalate this matter to Stage 2 of the Council's complaints procedure.

1. Ambiguity in Signage and Footway Parking Enforcement: 
   You mentioned that footway parking is not permitted unless an exemption applies and that appropriate signage is present to indicate where this is allowed. However, the existing signage on Darwin Drive is ambiguous and fails to clearly delineate where footway parking is permitted versus prohibited. The Traffic Signs Regulations and General Directions 2016 require that signage be clear and unambiguous to ensure the public understands the restrictions. Residents reasonably interpreted the signs as allowing parking on the pavement throughout the street, especially given the lack of specific markings in certain areas. Without clear signage that meets the legal standard, enforcement actions may be seen as arbitrary and inconsistent with the principles of natural justice.

2. Legitimate Expectation and Historical Non-Enforcement: 
   Your response indicates that there has been no targeted enforcement and that actions are consistent across the borough. However, the concept of "legitimate expectation" under UK administrative law provides that when a public authority has allowed a practice over a significant period, it creates an expectation that it will continue to allow it unless notice of a change is given. The long-standing practice of parking partially on the footway without penalty for over 25 years created a legitimate expectation among residents that such parking was permissible. Sudden enforcement without warning or a grace period is unreasonable and fails to respect this principle. A reasonable course of action would involve notifying residents of the change in enforcement policy and allowing a transition period before issuing fines.

3. Request for Traffic Regulation Order (TRO) Evidence: 
   Your email states that a Traffic Order is not required for footway parking and that signage alone suffices. However, according to the Road Traffic Regulation Act 1984, a TRO is generally required to regulate parking and must be adequately publicized and available for public inspection. Without producing a valid TRO supporting the marked bays and the specific requirements to park within them, the fines issued may be legally questionable. We request a formal review of the legal basis for these enforcement actions and documentation of any relevant TROs that justify the current parking restrictions.

4. Insufficient Road Width and Safety Concerns: 
   While you acknowledge the narrow width of Darwin Drive, your response fails to address the safety and accessibility concerns adequately. The primary reason residents park partially on the footway is to maintain a safe and passable road width, particularly for emergency vehicles and refuse collection services. Your statement that parking must align with posted signs does not address the practical safety issues and potential liability for the council should emergency services be impeded. According to the Highways Act 1980, councils have a duty to ensure highways are safe and accessible. A more nuanced approach to enforcement, taking into account the unique characteristics of Darwin Drive, is warranted.

5. Lack of Adequate Alternative Parking: 
   Your suggestion that residents initiate a request for a Controlled Parking Zone (CPZ) through the council’s formal process does not provide a short-term solution to the immediate problem of insufficient parking. It also places an undue burden on residents to resolve an issue created by council enforcement decisions. The council has an obligation under the Local Government Act 1972 to consider the needs of the community and provide practical solutions to parking problems. A more immediate resolution is required, potentially through temporary permits or designated overflow parking.

6. Unreasonable Financial Burden on Residents: 
   While you describe the statutory process for challenging Penalty Charge Notices, this does not address the underlying issue of fairness in the sudden issuance of multiple fines to residents. Many residents, particularly those on lower incomes or in council housing, are facing significant financial hardship due to these fines. The council has the discretion under the Traffic Management Act 2004 to consider mitigating circumstances when enforcing penalties. We urge the council to exercise this discretion and offer relief where appropriate, considering the economic impact on the community.

7. Lack of Public Consultation: 
   Although you state that public consultation is not required for enforcement, there is a reasonable expectation under principles of good governance and transparency that residents should be informed and consulted about changes that significantly impact their daily lives. The Localism Act 2011 emphasizes the importance of involving communities in decision-making processes that affect them. The lack of consultation undermines trust in the council and suggests a failure to adhere to these principles.

8. Damage to Residents' Vehicles: 
   Your acknowledgment of the damage to residents' vehicles and referral to the Highways department is appreciated. However, we require a comprehensive plan that addresses the underlying issue of insufficient parking space and narrow roads to prevent further damage. Simply advising compliance with unclear parking rules does not solve the problem. The council has a duty of care under common law to ensure that residents' property is not unduly damaged due to inadequate infrastructure planning.

Given these points, we believe our complaint has not been adequately addressed, and the actions taken by the council have not been justified. We request that this complaint be escalated to Stage 2 of the council’s complaints procedure for a thorough review.

Ask them for a copy of the footway parking resolution made under section 15(4) of the Greater London Council (General Powers) Act 1974 that applies to this road.

I'm on the same road as Martin, can I add this request in to my appeal?

Quote from: Carlos CGD on September 26, 2024, 07:39:12 am

Quote from: stamfordman on September 03, 2024, 12:44:34 pm

Ask them for a copy of the footway parking resolution made under section 15(4) of the Greater London Council (General Powers) Act 1974 that applies to this road.

I'm on the same road as Martin, can I add this request in to my appeal?

Of course you can.

I'm new to this, I have never argued a parking ticket before, so apologies if this is a stupid question, but, what is it and how will it help?

Quote from: Carlos CGD on September 26, 2024, 06:01:25 pm

I'm new to this, I have never argued a parking ticket before, so apologies if this is a stupid question, but, what is it and how will it help?

I'm happy to answer this, but before I do, please start your own form thread, so things don't get confusing. We've lost a few cases in the past because people got mixed up about advice meant for another person on the same thread, so we like to keep things separate.

@Grant Urismo
Carlos has his own thread:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-parked-on-footpath/msg37222/#msg37222

2 of my appeals were accepted

One of the NORs please, all sides.