Author Topic: Haringey, code 62 parked with one or more wheels on footpath, Weir Hall Road N17  (Read 1290 times)

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Hi All,

New to this forum so apologies if I don't word things in the appropriate manner. I'm fed up of the council taking advantage of ignorance and towing cars to raise funds!

Context: My car was parked outside my property the night before (poorly lit road with autumn leaves obscuring ). The next morning I fell in the shower twisted my ankle so was unable to go to work. I woke up confused to my car being towed. I had to pay to get my car released because of the daily storage of £40

Help/Queries:
1) Did the contravention occur? The rear wheel is marginally over the line and in the dark it wasn't apparent.
2) If the contravention occurred, is it consumerate/proportional for the car to be towed and not solely issued a PCN?

Any help is much appreciated!



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It's not whether the wheel is over the line, but how much of the car length. Yours looks about 25% over, although there's no photo taken from the side. However, this is over any de minimis consideration with the rear wheels by the double-yellow lines. So you can't really argue the PCN.

Is the tow disproportionate ? Well, you're into double-yellow lines which mean No Waiting 24x7, so it would be difficult to make this argument. But you've now paid all there is to pay, so it's a no-brainer to make them do some work for their ill-gotten gains and appeal this on disproportionate penalty. Of course the council will refuse your representations so you'd have to go to London Tribunals. If you lose, you've already paid anyway, if you win, you might get the tow and storage fees back, but I can't see an adjudicator agreeing to cancel the PCN.

Others may differ, so wait a bit, but don't miss any deadlines; you only have so many days to submit reps to the council.

Other things that can win are fatal errors in the PCN, and also incompetent practices in the car pound resulting in you not getting all the documents that you should be given.

Hi Incandescent, many thanks for your response! I've attached a side view and rear view, if it helps. In the rear view can it be argued it doesn't necessarily go into the double yellow line (clutching at straws here! haha) 

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As I posted on Pepipoo:-

We need to see the PCN and the documentation you got at the pound.

Also a GSV of the location.

Is footway parking allowed in that street i.e. marked bays? Or, is footway parking the norm in that street?

"Woke up to your car being towed" were you able to talk to the tow people before your car was placed on the truck?

This is not a DYL contravention it's footway parking.

Mike

Oh dear, I must have been asleep !

Yes it's a footway parking not a double-yellows PCN because your car is outside the marked bay, so there may be hope because councils rarely get this right.  They authorise a derogation from the London-wide ban on footway parking but very rarely define the actual lengths of that street where they want to allow parking. So if you can show the whole street is derogated from the 70s legislation, you're in with a chance.

Hi Both,

Thanks for your responses! Sorry for the delay in my response I don't seem to get the notifications when there's been response!

 I've attached the the PCN and documentation recieved from the pound.

The GSV is https://maps.app.goo.gl/nvaA82MEVk73NwFK6

Footway parking is allowed on that street via marked bays.

Unfortunately did not talk to the tow people before the car was placed on the truck

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Quote
Footway parking is allowed on that street via marked bays.

And the evidence is?

You may be relying on the signage at the location.

But what Incandescent was explaining was that often, when a Council passes a resolution enabling footway parking, they simply enable it in XYZ Road, without also specifying any lines or bays or particular lengths. If a Council fails to so specify in the resolution, then such parking is enabled the entire length, irrespective of any lines or signs. Some of the members here are expert in obtaining the resolution.


Yeah I was solely relying on the marked bays.

Ah i see, where can I look into the details of this resolution on Weir Hall Road? Or are there any specific members I can reach out to assist?

Our esteemed administrator CP8759 has built up considerable expertise in this little-known aspect of parking law specific to London. Hopefully he will be able to assist, although he's a very busy man !

Thank you, I'm assuming there's no specific way to get his attention?

Thank you, I'm assuming there's no specific way to get his attention?
I've no doubt he'll look at all the new cases soon. This is a London-specific problem with a possible solution, but I'm not totally up-to-speed on it.
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fingers crossed he does!

Please can you confirm the exact route you took to get to this location?

In any event you've paid all there is to pay, so you might as well try and challenge it but we need to get all the facts first.
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
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Thank you for your input!

Please can you confirm the exact route you took to get to this location?

In any event you've paid all there is to pay, so you might as well try and challenge it but we need to get all the facts first.

I can't remember the exact route but it was either the following routes:
- White Hart Lane N17 onto to Weir Hall Road N17
- Oak Avenue N17 onto to Weir Hall Road N17
- Wilbury Way N18 / Lansbury Way N18 onto Wir Hall road N17

Please can you confirm the exact route you took to get to this location?

In any event you've paid all there is to pay, so you might as well try and challenge it but we need to get all the facts first.


@CP - I'm a little confused - route for a footway parking offence?