3. Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
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Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
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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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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #1 on: »
For the avoidance of doubt, I do not have time to assist with this thread.
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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
Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #2 on: »
No PCN or pics in your post.
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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #3 on: »
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
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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #5 on: »
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.
« Last Edit: February 10, 2026, 12:49:49 am by Incandescent »
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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #6 on: »
Ok thanks fir your feedback, we shall see if Stamfordman or anyone else have any other input.

What do you make of the sign, do you think its complies with regulation? The fact that it has a weight restriction which also covers the sign which indicates no footway parking is allowed, so the weight limit is irrelevant.
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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #7 on: »
The weight limit obviously only applies to the permitted parking area.

The only other thing to say, is that if she had parked wholly on the carriageway, no PCN could have been served because there are no parking restrictions there.
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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #8 on: »
What do you make of the sign, do you think its complies with regulation?

No, it does not. See para. 1 in Part 1 and Items 12 and 14 in Part 2.

https://www.legislation.gov.uk/uksi/2016/362/schedule/7

Although you were not beyond the sign and therefore subject to the sign's provisions, it's clear that the council intends to convey the lifting of the GLC Act's prohibition. I would work with this.

......

The council has placed a sign and markings in the road which purport to convey the disapplication of the GLC Act's provisions pursuant to a resolution, specifically that parking is permitted with 2 wheels on the footway in that part of the road beyond the sign but only within the markings.

This sign is not compliant with regulations because:

The sign does not specify parking within markings, which therefore have no effect;
It contains non-prescribed wording which refers to the unladen weight of vehicles.

I refer the council to ***********, Part 1, para. 1 and Part 2 Items 12 and 14.

As the sign itself does not comply with regulations, this also raises questions about its location and whether any resolution applies only between the signs. Hopefully, the authority realises that if the resolution applies to the whole road, then footway parking is permitted at my location and the contravention did not occur. I believe that this is the case and therefore the authority must refer to the resolution when considering these representations, a copy of which should be included within any response. Failure to do so would be a procedural impropriety.
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Re: Ealing PCN code 62 parked with one or more wheels on a footpath other than a carriageway Costons Avenue
« Reply #9 on: »
I've had a look at Maps and Costons Avenue seems to be the only road with footway parking so I doubt there is a resolution.

Adjudicators tend to just go with whatever s pained but I agree the signage looks defective and they should be put to the resolution test.


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