Free Traffic Legal Advice

This is the initial online appeal I made against the windscreen ticket (possibly ill advised but I hadn’t done much research at that point!).

I drove from Lincoln Road into James Street at 20.17, and then into John Street, also at 20.17.

As can be plainly seen on the evidence uploaded, there is a distinct sign indicating to park on the footpath, clearly inducing motorists to position their vehicles as such.

The Footway Parking resolution made under section 15(4) of the Greater London Council (General Powers) Act 1974 applies to the entirety of John Street and has no exceptions.

Part of the footpath on John Street is bricked rather than paved to support this, further inducing a motorist to position as such.

The prohibition signage is beyond my vehicle; unless vehicles drive along John Street from the opposite end it would not be seen (indeed, I did not see it until I looked into the PCN notice)

Vehicles opposite are also parked on the footpath (along with an identical sign indicating to do so) and I would have potentially been struck by passing cars as it would have left a narrow gap.

This was rejected on 16th September.

John Street, in contrast to James Street, has the footpath partially brick-paved to support footpath parking. I have not actually been able to find the resolution as made for John Street to allow footpath parking, but I would assume it was made for the entirety of the street, and I believe the area I was parked in used to be prohibited by way of double yellows, these can be seen on google maps, but in both the dash cam and photos from the CEO are non-existent.

I have included the rejection as it does not appear to answer any of the points raised in my initial appeal.

Rejection





PCN







Dash Cam Images







PCN evidence images







Google Maps Link

https://maps.app.goo.gl/Gmvvbm7v5Hiqj4CQ7

I intend to make formal representation (and take to London Tribunal if necessary) as I feel I was completely led astray by the markings and signage and should not have received a PCN for this. However, I would also appreciate any guidance from those here who are more experienced!

Thank you

IMO, there's no ambiguity here.

The default position is that footway parking is not allowed.

If the council wish to allow it then, as the OP posted, a sign must be erected to this effect. These are set out clearly in the regs: https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made

diagrams 12-17.

When placed at right-angles to the carriageway diagram 12, as in this case, means that parking on the footway beyond the sign on this side of the carriageway is permitted with 2 wheels on the footway.

OP, you were facing such a sign but you had not passed it. No different to a CPZ sign, or permit parking area, or speed limit for that matter: until you've passed one (or the first onej then it doesn't apply.

As regards parking on the footway, it was not permitted where you were by the sign ahead of you, only beyond the sign.

But being that councils are chaotic, this is not to say that either:
You had already passed one (which had not been terminated) on your route*, or
The council has actually excluded the whole road and been lazy and penny-pinching by not placing signs at the actual point that footway parking is permitted.

*- I can't see one on GSV.

There was a footpath parking resolution made for John Street, EN1, but I cannot find the actual resolution anywhere, so am unable to know whether it was for the entire street or not.

I’m not local and on the previous occasion I visited I parked on James Street, which as you can see on Google Maps, has no street parking allowed and the entire pavement is concrete slabs. John Street has identical concrete slabs, however as can be seen on earlier street views, the permitted pavement parking is bricked. This is continued into the area I parked in, which I feel is an incredible inducement to park there. Why else would it be made identical to the area where parking is allowed, rather than being identical to James Street and have no brick from the point pavement parking is prohibited.

The double yellow lines are completely gone. In the dark there was no hint of them (as can be seen in both my dash cam pics and the CEO pics). It was only in the morning I could see small parts of them by the lamppost.