Author Topic: Havering, code 62 Parked with wheels on/over footpath, or part of road other than carriageway. Ashton road Harold Hill  (Read 531 times)

0 Members and 34 Guests are viewing this topic.

Hi,

I received a penalty notice for how I was parked on Ashton Road and wanted to explain the situation.

The parking bays on parts of this road are half on the road and half on the footpath. Due to the closure of nearby Gallows Corner roundabout, this road has become a cut through and the volume of traffic has significantly increased, making the road much tighter for two way travel.

I had originally parked fully within the marked bay. However, when I returned to my vehicle to retrieve some work equipment, I discovered that my wing mirror had been hit and the casing damaged. Frustrated by this, I got into the car and moved it over to try and create more space and avoid further damage. In doing so, I now realise I have inadvertently parked with my wheels outside the bay markings.

Its worth noting that the bay markings at that location are incomplete (the end bay is not clearly defined). I believe that had the markings been properly finished, I would have been more aware of the boundaries and avoided parking incorrectly.

There is a sign further up the road stating that kerb parking is allowed only within marked bays, but I do not recall seeing any such signage on the section I parked. From memory the sign is located after the next junction to where I had parked and no signs at all from back the down the road where marked bays start on the footpath and road. I can confirm its placement when i return Monday if needed.

Additionally, the contravention listed on the notice refers to parking on the pavement. But parking on this section is clearly intended. If the issue was being outside the bay rather than on the pavement, I wonder whether this is an appropriate code for the situation.

Given the unclear bay markings, limited signage, and the intention for pavement parking in the are, I feel this penalty is quite harsh.


Photos of parking and lines - https://imgur.com/a/uXZP6dq
Photos of penalty charge - https://imgur.com/a/V57zeGs

Location - https://maps.app.goo.gl/UY2RW1LBf1SXtDEc7 - The lines have been repainted since this street view photo was taken.

Any help much appreciated

Share on Bluesky Share on Facebook


Quote
Given the unclear bay markings, limited signage, and the intention for pavement parking in the are, I feel this penalty is quite harsh.
I agree, it is what the legal profession call de minimis, or too trivial for enforcement. However your wheels are clearly over the marked line, so the contravention is shown. I would suggest you submit representations based on your text above. Do be aware that if you do submit reps, Havering will not re-offer the discount when rejecting them, so if you do go down this path, you'll be taking them to London Tribunals as with no discount, this is then a no-brainer.

Ok, thank you for your reply.

A quick note, out of interest I input the details to view evidence and nothing shows or loads. I'm not sure if this is normal and I'm misunderstanding something. Or there should be photos for me to view?

Havering are one of the worst and also a venal council, so if it saves them 1/10th of a penny to not put up photos, they won't. Their website hints that photos will only be there at Notice to Owner stage. I had a go, and, yes, there are np photos. That doesn't mean there are none, but legally, there is no need for them to take any, as a PCN can be enforced without them.

Don't forget what I said about them not reoffering the discount when rejecting representations.

Havering will put the pics up so wait a few days.

I've tried to check the traffic order map but it's down so that will have to wait too.

I've no idea what these lines are supposed to convey, we've got some spare paint perhaps?

OP, within of in the vicinity of this area there has to be one of the following signs displayed prominently:

Item 3 in the Part 4 sign table of this Schedule: https://www.legislation.gov.uk/uksi/2016/362/schedule/4

or item 12 or 14 of the Part 2 sign table of this Schedule:

https://www.legislation.gov.uk/uksi/2016/362/schedule/7

So, which if either is it?