Author Topic: Barking and Dagenham - 62 - parked with one or more wheels over footpath - oval road north  (Read 625 times)

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Hi everyone,

<Br>It seems barking and Dagenham has decided the best way to make for thier mismanagement of funds is to drive around middle of the night issuing parking fines.</br>

<Br>Woke to a PCN on the car which was issued 08/03/25 @ 00:19.</br>

<Br>Code 62- parked with one of more wheels on or over a footpath or any part of a road other than the carriage.</br>

<Br></br>

<Br>I've been parking here for over a year without any issues.
</Br>

<Br>I am slightly over, but there are other neighbours who were parked similarly to mine but in a bay and have received no PCNs.</br>
<br>
Photos of car and neighbours vehicles </br>

https://imgur.com/a/kAObFhr

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Kerb parking not allowed in London except where specifically signed. The other cars are parked in marked bays that indicate kerb parking is allowed. Others may see issue with the PCN, or the council may mess up the enforcement process.

Kerb parking is absolutely allowed in this area. That's all there is in this area.

The traffic order map shows marked footway resident parking bays but they are not marked as footway parking bays.

Looking at Google Maps there do not appear to be any parking signs indicating park in marked bay.

Obviously you would have been in contravention of the yellow line during the controlled hours.

This challenge written by our admin for another case would seem to be relevant.

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https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/barking-dagenham-contravention-code-62/

 Dear London Borough of Barking and Dagenham,

I challenge liability on the ground that the alleged contravention did not occur. There are footway parking bays on Cavendish Gardens and footway parking has been permitted for over a decade. If you look at the latest images from Google street view at https://maps.app.goo.gl/c1LSrTRKcJhJVxwH8 you can actually see my car parked on the right in exactly the same position as it was when the penalty charge notice was issued.

There are 11 Google Street View captures between September 2008 and March 2022 and in every single instance cars can be seen parked with two wheels on the footpath, this combined with the presence of footway parking bays and the fact that there has to my knowledge never been any footway parking enforcement led me to understand that footway parking is in fact permitted on this road, as it always has been.

Certainly if the local authority has decided to prohibit footway parking, or restrict footway parking to marked bays only, I would expect the local authority to take steps to inform road users of this change, this would normally be done by the use of signs prescribed by diagram 667.1 together with an auxiliary panel stating "In marked bays", however no such signs are present on the road. I would also have expected local residents to be consulted on this change, but I have not received any notification in this regard.

In any event as footway parking is permitted on at least some parts of Cavendish Gardens, the local authority must have passed a resolution under section 15(4) of the Greater London Council (General Powers) Act 1974, and I cannot know if I was in breach of the terms of the resolution without seeing a copy. Therefore if you a minded to refuse this representation, I request that you provide a copy of the resolution so that I may satisfy myself that the footway parking bays are correctly marked on the road.

Thank you for you reponse, I have edited your rely accordingly.

What do you think about me adding the following;

The issuance of this Penalty Charge Notice (PCN) appears to be not only frivolous but also predatory in nature, particularly given the circumstances under which it was issued, namely by wardens patrolling and issuing tickets at midnight. I contend that I am being unfairly singled out due to my vehicle being parked on a single yellow line, which does not constitute a contravention outside of controlled hours, as clearly stipulated in the relevant traffic regulations.
Furthermore, I draw attention to the fact that other vehicles belonging to residents were parked in designated bays at the same time, with their wheels extending beyond the marked white lines, yet no PCNs were issued to those vehicles. This discrepancy undermines the justification for the PCN issued to me and suggests an inconsistent and potentially discriminatory application of enforcement.
In light of the attached photographic evidence, I assert that the grounds for issuing this PCN are unfounded and unjust, and I respectfully request that it be rescinded.

If you want someone to do something for you calling them frivolous and predatory is not a good idea. An experienced contributor, stamfordman, has found an excellent fully considered representation which if I was you I would not add extra points to, just edit the names
« Last Edit: March 09, 2025, 10:27:04 am by mrmustard »
I help you pro bono (for free). I now ask that a £40 donation is made to the North London Hospice before I take over your case. I have an 85% success rate across 2,000 PCNs but some PCNs can't be beaten and I will tell you if your case looks hopeless before asking you to donate.

Hi all,

 I have just received the attached letter as a notice of rejection.


To say I was given the PCN as a matter of road safety but allow other to park exactly the same way when but it bays it's absolutely preposterous.

If this is in the interest of wheelchair and pram users, then parking should not be permitted on footways at all. I did not narrow the footway anymore than the cars parked in the bays.

This is the same council that allows residents to park across Thier dropped kerb after purchasing a "drop kerb" permit. Does that safety not come in play then?

Any ideas what else I can do?

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« Last Edit: March 10, 2025, 11:02:50 am by eastpak2g6 »

What was your challenge? The rejection is just a template and not surprising.

I used the template you gave.