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Hi all, I received this PCN from London Borough or Barking and Dagenham for being parked with 2 wheels on the footpath.


Issue for me here is that we have parked like this for over 5 years now with no issues.


I have also identified that the location in question is not council land, it is marked up as "other public land" so I am under the belief that this belongs to the estate.


Apologies in advance as I'd already responded to the initial PCN and have been rejected a while later.

LBBDs own traffic order website also does not cover this location so effectively no TRO in place here.

Images from the PCN and position of vehicle including response from council:
https://imgpile.com/p/YHaM1O6

Street view:
https://maps.app.goo.gl/cpMwaVrNmB352vcx8?g_st=ac

Apologies if I've missed anything, first post. Thanks

Legitimate expectation may be a good point here.

Why don't you park the car off the footway though?

It can get quite tight for vehicles entering and exiting the car park, we also have larger vehicles going in and out hence why I try tucking myself in.

They've said it's Loxford Road but it's just off that road in an estate road and according to their traffic order map there are no on-street restrictions beyond the single yellow lines and any other road mentioned.

You can argue the location is wrong, it's beyond on-street enforcement, there is legitimate expectation in any case.

Keep off there from now on.

What they can say is it's in an area of public access and the location is near enough.

Ok thanks for this and yeah I've found alternative parking for now. Reckon it's worth waiting for the NTO and then going for another appeal then based on my points above?

What was your challenge.

This was my initial challenge to them:

The vehicle was parked with two wheels on a surface that is not part of the highway maintained by the London Borough of Barking and Dagenham. The Greater London Authority public land map shows the parcel as “other public land” (screenshot attached). I therefore request that you provide:

1. The specific legal basis (Traffic Regulation Order / contravention code) relied upon to issue this PCN at this location; and


2. Evidence that the council is the owner/maintainer of the land or otherwise has authority to enforce parking here.



I attach: screenshot from the GLA public land map and previous Google map photos of the area. Please cancel the PCN if you cannot produce the TRO / proof of enforcement authority.

Also, my vehicle was not parked on Loxford Road but actually on the land belonging to West House so the PCN location is incorrect also.

I'm afraid ownership is unlikely to win this, because the land is open to full access bu the public, and clearly forms part of the "road", of which the carriageway is part. However, I may be wrong so wait a bit to see what others say.In addition, you have the right in law to take Barking to London Tribunals with such an argument, but my view is you would lose.