Author Topic: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue  (Read 96 times)

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Hello,

My other half received a PCN in Ealing for parking on the footpath, I have attached the PCN and some pics of the location.

The blue square (3rd image) is where she was parked and the blue arrow shows the direction she was coming from. There was a sign (4th image) which was obscured by a tree so she did not see it. The 5th image shows the first sign she saw from her direction of travel.

I was reading another topic in which @cp8759 helped another user by requesting a footway parking resolution from the council which they could not provide, would that be useful in my case?

https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/pcn-parked-on-footpath/

many thanks

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For the avoidance of doubt, I do not have time to assist with this thread.
I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor or a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193 and I abide by the SPMF service standards.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

No PCN or pics in your post.

PCN and a GSV link to the exact location, please. You seem to have failed to post them as stated in your thread. I had a quick look at Costons Avenue and it is quite plain that off-carriageway parking is permitted along it in places, but the bay markings are almost completely worn out. Here is a sign shortly after one drives in off Greenford Lane:-
https://maps.app.goo.gl/55hDmTJV7snVyEem7


Hm, difficult to say what to recommend.
Whilst the approach passed a sign that allowed off-carriageway parking after it was passed, the car was parked past another sign that was the limit of the allowed parking area, and was, in fact parked only a few feet away from this sign. So whilst she saw the first sign as she drove past, one must ask how she avoided seeing the other sign as she drove past that as well. An adjudicator seeing where the sign is and where the car was parked is, in my opinion, not likely to favour the appeal !

So, not a strong case on the basis of where parked in relation to the signs. However, past cases like this  have often found that the council resolution allowing off-carriageway parking only lists the street names and not the actual lengths of street where the parking is allowed. Appeals at London Tribunals have been won on this, but I haven't seen one for some time now, maybe others have, or have access to the street plan. I think 'Stamfordman' may be able to help you with this. Certainly on the basis of the actual contravention, there really is no robust appeal case.
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