It's not certain that this is winnable but the council's contention is that the entire area of a raised table junction is a crossing.
I guess the key point is what if all the raised carriageway was parked on as that would leave no crossing - so just one car is in contravention.
I think at junctions covering a large area the council has a duty to design crossing points as it does in other non-raised situations.
The only case I can see here is a refusal but the adjudicator just took as read that it's a crossing without challenge as the appellant was arguing something else.
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2190241788
A contravention under Section 86(1) of the Traffic Management Act 2004 occurs if a vehicle is parked on the carriageway adjacent to a footway, cycle track or verge where the footway, cycle track or verge has been (a) lowered or (b) raised to meet the level of the footway, cycle track or verge for the purpose of (i) assisting pedestrians crossing the carriageway, (ii) assisting cyclists entering or leaving the carriageway, or (iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge.
There appears to be no dispute that the vehicle was parked at this location in Stanhope Park Road, or that the Penalty Charge Notice was issued to it, as shown in the photographs/digital images produced by the Enforcement Authority.
Mr O’Sullivan’s case, as set out in his original representations to the Enforcement Authority, is that the vehicle was parked adjacent to his parents’ house and he is entitled to rely upon the second exception to the general prohibition, as set out in Section 86(3) of the 2004 Act, where the vehicle is parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.
There may be a dropped kerb, which is where the footway has been lowered, close by to where the vehicle was parked in Stanhope Park Road and giving access to 7 Croyde Avenue, but the vehicle was not parked adjacent to that. Rather, the vehicle was parked in Stanhope Park Road on a part near its junction with Croyde Avenue where that carriageway is raised to meet the level of the footway. This raised area is for pedestrian road users to cross the road and not for giving access to any premises.
It does remain the responsibility of the motorist to check carefully on each occasion before leaving their vehicle, so as to ensure that they park only as permitted and that this will remain the position for as long as the vehicle will be there.
Considering carefully all the evidence before me I must find as a fact that, on this particular occasion, a contravention did occur and the Penalty Charge Notice was properly issued.
Accordingly this appeal must be refused.
