Free Traffic Legal Advice

Is it worth looking at the TRO to see if that has been amended to include the short bit of DYL?

For me this is a difficult one. It is obvious that there once was a bay there, but the council decided to put in a short length of double-yellow lines and to paint out the bay markings with black over-paint which has partly worn off.

This is the key point, the bay has partially reappeared so it's ambiguous. In Trudie Tinsley v London Borough of Waltham Forest (2210064678, 13 March 2021) adjudicator Belinda Pearce said:


I can't guarantee the outcome, but if you want to carry on I'm happy to represent you at the tribunal.

Thank you all for your replies. I would greatly appreciate that cp8759.

Two questions:
1) How would we proceed if you were to represent me at tribunal?

2) If they were to reject the appeal, what charges would I be looking at?

Many thanks,

The full PCN penalty, but no more.

OP, have you posted a GSV of exactly where you were?

The council's response is b******s.

Can you park on the pavement where there are DYL. Of course you can. Any of the exemptions which applies on the carriageway to waiting on DYL applies on the footway. Parking on the footway and DYL are chalk and cheese.

So, under what circumstances are you permitted to park on the footway?

General considerations:
Where parking places are marked and properly signed*;
Where footway parking signs are displayed.

Specific:

See 15(3)

https://www.legislation.gov.uk/ukla/1974/24/section/15

*- the parking place signs for parking on the footway are NOT the same as for parking on the carriageway: see items 3&4 in Part 4 (https://www.legislation.gov.uk/uksi/2016/362/schedule/4/made) and compare with item 2.

3&4 means that parking on the footway is permitted ONLY within the markings of the parking place and not outside because if the parking places sit within a wider permitted footway parking area then item 2 would suffice.

So, if a sign to item 2 is displayed on the footway what does it mean?

The council have signed it incorrectly or they have signed correctly and it sits within a wider permitted footway parking area.

But this has nothing in principle to do with DYL.

To elaborate, look at items 14&15 in Part 2 here: https://www.legislation.gov.uk/uksi/2016/362/schedule/7/made

Note the permitted variant: In marked bays.

Contrast this with the plate displayed on CPZ signs and similar: In signed bays.

Within a permitted footway parking area bays may be marked. These are NOT parking places, they are bays marked to indicate where footway parking is permitted. It is not permitted outside.

So, IMO if you were parked within markings only and adjacent bays had parking place markings with signs but not to the prescribed format of sign then IMO this could only mean that although you might not have seen them, you were within a a permitted footway parking area.

Sorry if it sounds confusing!