Free Traffic Legal Advice

I received this PCN on a Saturday despite the restrictions stating it was till 5:30PM on a Friday.

You've not received a PCN for the SYL restriction, but for parking on the pavement, which has been outlawed in London for half a century.

GSV is not very helpful, dating back to 2014 & 2018, however it does show
https://maps.app.goo.gl/MpBkXeUhRmFD19397
https://maps.app.goo.gl/kkviSa2bkTyCYTrh8

marked bays on the pavement and one small sign permitting parking, as well as intensive use of the pavement dor parking which you say vontinues to this day, though the bays (if still there) should be accompanied by signs permitting parking and a traffic order disallowing the ban.

So you may have two grounds for vhallenging the PCN:
a) that parking on the pavement has been permitted since at least 2014 as shown by GSV https://maps.app.goo.gl/DQ1AMxa9sT4nzxzF6

b) even if the ban has not been disallowed, you are entitled to claim 'legitimate expectation' in that the ban has not been enforced for at least 12 years.

You need to do some legwork with a camera to check the current markings situation and to post up a draft challenge here for comment before submitting.


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EDIT:
'I was the only one ticketed' won't wash with either Council or adjudicator.

Until this PCN is resolved, you are on notice that enforcement has commenced, so don't park there again until resolved.

I will visit the street today and take some photos of the bays.

How does this sound ?

Informal challenge :

Dear Sir/Madam.

I believe an offence has not been committed. The vehicle was parked outside the restricted hours ( Mon-Fri 8:30AM - 5:30 PM ). All vehicles during both restricted and unrestricted hours are also expected to park on the pavement closer to the kerb. The part of the pavement where parking is allowed has a significantly noticeable different road surface and also allows for enough remaining space for pedestrians, wheelchair users and prams to be used.
Furthermore, if a vehicle is expected to only park in marked bays on the pavement, the appropriate sign “ P IN MARKED BAYS” should also be placed

Thank you. Informal challenge submitted.

There are several points.

This council widely uses footway parking often badly signed and this area has widespread footway parking. This can mean they have a longstanding resolution disapplying the London footway parking ban along entire streets.

There are marked footway bays on the traffic order map but the order does not specify 2 or 4 wheel up bays only resident permit bays.

Are there any footway parking signs in any part of the road.

Where were you on this map:

 

The council has also sent a rejection letter on Friday :

This wording from our admin on a previous case gives some ideas. The footway markings aren't good enough to say where the bays are is one point.

Note the part about the resolution.

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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.