There may be a resolution disapplying the footway parking ban in this road and nearby roads.
This case from 2008 may be helpful.
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Case Details
Case reference 208082394A
Appellant Shakoor Abdul
Authority London Borough of Richmond Upon Thames
VRM AJ55DFA
PCN Details
PCN RT95237429
Contravention date 02 Oct 2008
Contravention time 18:22:00
Contravention location Wills Crescent
Penalty amount GBP 100.00
Contravention Footway parking (one - four wheels on footway
Referral date -
Decision Date 21 May 2009
Adjudicator Paul Wright
Appeal decision Appeal allowed
Direction cancel the Penalty Charge Notice and the Notice to Owner and, if the appellant has paid £50 to the local authority as claimed in his letter of 11/5/2009, refund this amount within 28 days.
Reasons After initial consideration the case was adjourned, the parties being written to in the following terms:
"07/05/2009 18:34:51 **** Adjourn: appellant action ****
The adjudicator has asked the local authority for more information. In the meantime please tell the adjudicator how many Penalty Charge Notices have been issued to your vehicle in similar circumstances, their numbers, and what has happened in each case. Failure to reply may affect the outcome of your case."
"07/05/2009 18:34:51 **** Adjourn: LA action ****
The adjudicator requires the local authority to deal with the following points: 1. provide evidence in the form of maps/plans/photographs showing those parts of the footway which are exempt from the normal footway parking ban and the signs that go with them; 2. provide evidence of the resolution required by section 15(4) of the 1974 GLC (GP) Act (as amended) passed by the local authority authorizing the exempted areas; 3. explain which part(s) of the TMA 2004 and the 2007 Regulations made thereunder permit(s) the local authority to include dates in the Penalty Charge Notice (i.e., 4/11/2008 and 11/11/2008 here) by which it claims payment must be made; 4. following on from 3. above, explain how the Penalty Charge Notice is legally compliant and, therefore, legally enforceable against the appellant; 5. provide details of other Penalty Charge Notices issued to the appellant in similar circumstances and explain what has happened to the Penalty Charge Notice in each case; 6. to save further time and expense the local authority need not reply if it no longer contests; 7. otherwise, it must reply fully to all numbered points above."
Whilst the appellant has replied to my request, he has written with details of a neighbour's Penalty Charge Notice rather than any other Penalty Charge Notices of his own, contrary to my request. I cannot comment on other peoples' Penalty Charge Notices without knowing the FULL circumstances.
The local authority, however, has not replied to my request, thereby indicating that the matter is no longer contested. The appeal is therefore allowed.
In his letter of 11/5/2009 the appellant claims to have paid the sum of £50 with regard to this Penalty Charge Notice on 11/10/2008. If this is indeed the case, the local authority should refund this amount within 28 days.
The question of costs against the local authority does not, however, arise here, as I do not find, on balance, that it was frivolous, vexatious or wholly unreasonable in pursuing the appeal on this occasion.
