3. Ealing, Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footway
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Author Topic: Ealing, Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footway  (Read 3606 times)

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Re: Ealing, Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footw
« Reply #15 on: »
I was puzzled to receive the PCN but gather you consider that the entire table at the junction of x and y roads is raised for the purpose of assisting pedestrians crossing the carriageway.

I consider the contravention did not occur as I was parked at the edge of the table, well into x road and not near the corners of the road where pedestrians would usually cross and where tactile paving should be installed. Where I was looks to me like a traffic calming measure and not a pedestrian crossing.

Please note I am mobile podiatrist and am seeing a very elderly patient at the location who is also being seen by a district nurse as they have specific and severe problems due to bilateral wounds. I am their private practitioner but am an important part of their urgent healthcare.

I trust you will cancel the PCN on this ocassion and look forward to your reply.
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Re: Ealing, Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footw
« Reply #16 on: »
Picks up some of my thoughts..

I think it's a matter of personal approach at this stage in the procedure. If you intend to go the 'I work for the NHS' approach then perhaps...

'I work for the NHS as a **** and have been parking here without issue approx. X times per week since *** to attend a client **** who lives at ****. I don't know what was different about my parking in this instance and should be pleased to know in order to avoid a recurrence. All I can see is a large area of carriageway which has been raised, presumably to act as a speed control device at this junction. I cannot see any indicators on the area or adjacent footway which would suggest that parking is not permitted in specific locations. I have avoided parking on or near the location until I get clarification from the council.'

My guess..
You'll get a boilerplate rejection which ignores the issue of 'legitimate expectation' and lack of footway markings.
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Re: Ealing, Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footw
« Reply #17 on: »
Dear @stamfordman and @tincombe, thank you both very much for your input, I appreciate it a lot and I will probably meld both of your suggestions into one reply. I agree that I don't hold out much hope but it's worth a shot. Best wishes and I'll let you know what happens. Have a good rest of your week.
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Re: Ealing, Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footw
« Reply #18 on: »
There is merit in trying to get them to use discretion but the only way to follow this through if they don't is to take the alleged contravention on at the tribunal as an adjudicator may agree that these large junction tables are not primarily pedestrian crossings in their entirety and not where you were.

There is also a ramp indicator on the carriageway that indicates traffic calming.   

The gist of my draft could be reserved for formal reps should you want to continue.

I've not had time to check for other cases yet.
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  3. Ealing, Code 28, Parked in a special enforcement area on part of the carriageway raised to meet the level of a footway