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Hello all,

I've been served this PCN on my windshield for Code 24: "Not parked correctly within the markings of the bay or space"

From my understanding, which may be horribly flawed, I thought that in a two-wheels up parking space like this, those mounting the kerb need to remain within the marked bay and not overhang on to the footpath.

However, because this road isn't a controlled parking zone, i.e. there is no parking restriction otherwise on the road, shouldn't this mean that parking on the road is valid?

Here is the TMO: "Consolidation Order 2018 No. 110 and 2018 No. 111"

My defence may be undermined by me still existing within the "projected" boundaries of the parking space, as designated on this map below...



while also not fitting neatly within it...


Is this worth contesting? Havering include this unreasonably effective line that a discount is not re-offered if a challenge is unsuccessful: "If you are contesting the penalty, you will not be able to pay the discounted charge if your challenge is unsuccessful. This does not affect your statutory right to make a representation."

This is the same location as my other thread  so I would be especially keen to find a flaw if one exists

PCN:

+1.

OP, you and stamfordman are correct. The CEO is, shall we say, ill informed.

1. There is no designated parking place outside whose markings one could park;
2. Parking on the footway is OPTIONAL.

You'll no doubt be OK just with getting the PCN cancelled.

I would raise a stink. This is thorough incompetence which brings the council into disrepute.

Just bouncing the point around and looking to reassure you. We can decide how to formulate your reps later.

The council haven't even painted a compliant bay. A bay which is for parking partially on the footway must have 4 painted sides and if you are meant to be fully on the footway it needs 3 painted sides, the kerb stones marking the fourth



Thus there is no bay to be in breach of parking outside of.

Strap yourself in for the ride, you may have to challenge 3 times (one of which is at the tribunal).

I said that.

The point is footway parking is banned in London except where exempted by the authority. Here you have permission to park in certain footway bays presumably because the road is narrow. 

But there is nothing forcing you to do so. Unrestricted kerbside on the carriageway is precisely that - unrestricted.

I don't think the bays are relevant but Mr Mustard has noted they don't in any case constitute a properly marked 2-up bay.

Is my take.

The counterfactual is what if you were 2-up on the footway but outside of markings. They would do you for footway parking...

Your link to a TMO doesn't work by the way.

Also note that Havering does not reoffer the discount even at rejection of informal challenge so this is your only chance to avail yourself of the discounted penalty.

I can't open your TMO link either.

We all agree that Havering haven't got a leg to stand on.

It's a matter of approach.

IMO,

With respect to Mr M, the markings posted only apply to designated parking places(as the descriptions say..'parking place....' . They do not apply to footway parking exemptions. There isn't a prescribed size of footway parking bay because councils will differ in the extent to which they've lifted the ban according to local circumstances e.g. width of footway etc.

As regards the signs which do apply:

The footway bays apply only to exempt two-wheel up parking on the footway" -- is there an official reference for this statement? The TMO that I linked in the the first post doesn't explicitly mention it, is it implicitly understood because of something else?

Yes.

Item 12, Part 2 Sign Table of Schedule 7 to the Traffic Signs etc. Regs:



'Vehicles may be parked partially on the verge or footway'.

Not 'must', 'may'.

I'm afraid this business of applicable signs is detailed.

If you look at the signs in the link and your posts, the format is sign with blue background on which there is a 'P' with a car underneath with 2 wheels up. This indicates an AREA in which parking on the footway is permitted. When this is conditional, as here, the sign has a 3rd section which specifies 'in marked bays only'.

These are NOT designated parking bays made under a local order, they are areas marked only on the footway to indicate the extent of areas where the statutory London-wide prohibition of parking on the footway has been lifted. They CANNOT give rise to 'parking outside markings..,' but, as per stamfordman, to 'parking on the footway' contraventions.