Free Traffic Legal Advice

Hi All,

I have received this PCN for parking on footpath at 6:14am , My concern is that we as residents normally park there out of single yellow line hours, and i have been parking there for nearly 7 years but never received a ticket. I thought single yellow lines rules apply there, I have seen other drivers who left their cars in past after 8:30 received PCN's which indicates single yellow rules apply there. My car was not obstructing any pedestrian pathway.

Please advise any chance if i challange this pcn that it will be approved.

Regards










Location: https://maps.app.goo.gl/5LMnAY99goYmzEx48

Barking and Dagenham have long had 'form' on off-carriageway parking. Just have a tootle around their residential streets and you'll see lots of off-carriageway parking and not a sign in sight. It seems they tolerate, (i.e do not serve PCNs), in lots of areas. Yet we still see PCNs like yours every so often. It's difficult to give advice if there are no signs allowing it, as the contravention is clear.

In Greater London there is (and has been for decades) a statutory prohibition on parking with any part of the vehicle on the footway. That applies 24/7
UNLESS the Council passes a resolution disapplying the ban on all or a specified part of the footway in specified roads.

That said, if parking on the footway has taken place for a number of years without attracting a PCN this may give rise to the defence of legitimate expectation that enforcement is not taking place. Absent evidence from historic GSV, this claim as a defence would need to be supported by evidence - e.g. statements from neighbours.